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HomeMy WebLinkAbout2006-388 2006 AMENDMENT TO LEASE AGREEMENT THIS AGREEMENT, made this 7th day of November 2006, by and between the CITY OF VERO BEACH, a municipal corporation organized and existing under the laws of the State of Florida , whose mailing address is Post Office Box 1389, Vero Beach , Florida 32961 - 1389 (hereinafter "CITY ') , and the EMERGENCY SERVICES DISTRICT OF INDIAN RIVER COUNTY, a dependant special district of Indian River County, operating by and through its Board of Commissioners, whose mailing address is 1840 25'" Street, Vero Beach , Florida , 32960 (hereinafter "DISTRICT"), WITNESSETH : WHEREAS, in 1956, CITY and the VERO BEACH VOLUNTEER FIRE DEPARTMENT, INC . (hereinafter "VOLUNTEERS") entered into a lease of City-owned land near the new Barber Bridge for the purpose of constructing a volunteer fire department building ; and WHEREAS, the lease was for a term of forty-five (45) years with the exclusive right, option and privilege in VOLUNTEERS to renew the lease for an additional term of forty-five (45) years; and WHEREAS, in 1994 , CITY and VOLUNTEERS amended the lease to reflect that they had consented to the assignment to and joint use of the leased premises by "the Indian River County Fire District, the Indian River County Department of Emergency Services, and the VOLUNTEERS; and also added additional property to the east of the land leased in 1954 ; and 1 C:\Documents and Settings\edp\Local Settings\Temporary Internet Files\OLKl8\Fire Station Riverside lease amendment. September. 19 CPV's.doc WHEREAS, by letter dated June 11 , 2002 , the VOLUNTEERS acknowledged that it had no further interest in the lease with the result that the DISTRICT could deal directly with CITY; and WHEREAS, on February 17 , 2004, DISTRICT and CITY agreed to renew the lease for an additional term of forty-five (45) years ; and WHEREAS, in September 2004 , Hurricanes Jeanne and Francis, severely damaged the fire station necessitating its demolition and replacement with a new structure ; and WHEREAS, the new fire station will require an additional 0.71 acres of real property to be added to the lease agreement in order to accommodate newer and larger fire fighting and emergency equipment, resulting in a total leased space of 1 .81 acres ; and WHEREAS, CITY and DISTRICT agree that an increase in the leased property will be in the public interest and of great financial benefit to Indian River County; and WHEREAS, District acknowledges that City is giving District a valuable piece of property for only nominal consideration ; NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is acknowledged , CITY and DISTRICT do agree as follows: 1 . Amendment of Leoal Descriotion of Leased Prooertv Paragraph #2, "Legal Description" of that certain RENEWAL OF AND AMENDMENT TO LEASE AGREEMENT dated February 17, 2004 , between CITY and DISTRICT, is hereby amended to include 0 .71 acres of additional real property, 2 CADocnments and Settings\edp\Local Settings\Temporary Internet Files\OLK18\Fire Station Riverside lease amendment.September. 19 CPV's.doc resulting in a total leased area of 1 .81 acres as set forth in the sketch and legal description attached as Exhibit "A." 2 . Access Easement to City District shall give an access easement over the easternmost ten feet of the property as depicted on the sketch and legal description attached as Exhibit "B", and shall construct thereon at District's expense a pedestrian bikeway path , including an off- site bridge as described in paragraph 4, so that pedestrians and bikers will be able to traverse from Bridge Plaza Drive to Riverside Park . 3. Use of District Boat Dock by Vero Beach Police Department Boat District shall grant an irrevocable and exclusive license to City to house and use a City police boat at a boat slip at the District dock and shall provide for the purchase and installation of a boat lift for the exclusive use of City which shall be suitable for the City's existing boat (5, 000 lbs in weight, 9 feet wide, 23 feet long). District will then transfer title and any warranty associated with the lift equipment to City and City shall thereafter be responsible for all maintenance of the lift. Use of the dock space is restricted to VBPD official business. The City can make improvements to the dock after first obtaining the consent of the District which consent shall not be unreasonably withheld . The District shall provide 24 hour access to the dock to the City . The parties obligate themselves to enter into a more detailed agreement commensurate with the spirit of this paragraph if necessary. 3 CADocuments and Settmgs\edpV.ceal Settings\Temporary Internet Files\OLK18\Fire Station Riverside lease am®dment.September. 19 CPV's.doc 4. Pedestrian Bikeway Foot Bridge As a part of the construction of the new fire station , the District agrees to design , construct, purchase and install a pedestrian bikeway foot bridge to span the ditch located to the south east comer of the leased premises . The bridge shall be built in compliance with all local , state and federal regulations and the pedestrian bike lane shall be at least ten feet wide . The parties acknowledge that the bridge will cross a ditch that is now filled with mangroves and that mitigation (such as removal of exotic species from the ditch or surrounding area) may be required by the permitting agencies . The expenses of any such mitigation shall be borne by the District 5. Other Conditions to Remain In Effect All other terms and conditions of the lease as amended shall remain in full force and effect. 4 CADocuments and Settings\edp\Local Settings\Temporary Internet Files\OLK18\Fire Station Riverside lease amendment. September. 19 CPV's.doc IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals on the day and year first above written . ST, CITY OF VERO BEACH, FLORIDA _ Sign : Sign : t 'Trin .. , 1- my K V ck Print: Thomas P . White Title : `City Clerk Title: Mayor STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 7 day of (1ooeinbC / , 2006, by Thomas P . White, as Mayor, and attested by Tammy K. Vock, as City Clerk, of the City of Vero Beach , Florida . They are personally known to me and did not take an oath . NOTARY PUBLIC Sign : Ora Print : [NOTARY SEAL] State of Florida at Large '" " t, commimission OD387880 my My Commission Number: J# g MC Expires December09. 2008 My Commission Expires : Approved as to form and legal Approved asconfor to municipal sufficiency: policy: �� ) , ) Tk City Attorney 7Cit an ger Approved as to technical requirements : 4 0,� Dir cto , ublic Works and Engineering s C:\Documents and Settings\edp\Local Settings\Temporary Internet Files\OLK18\Fire Station Riverside lease ameadment.September. 19 CPV's.doc EMERGENCY SERVICES DISTRICT OF INDIAN RIVER COUNTY, FLORIDA Neuberge hair -man Approved by BCC November 7 , 2006 Attest: Jeffrey K. Barton Clerk of Circuit Court By: 6 �Vti County Attorney: Deputy Clerk Approved as to Form and Legal Sufficiency epphh X Baird Q,bunty Administrator This instrument prepared in the Office of the County Attorney 1640 25th Street Vero Beach, FL 32960-3365 6 CADocumants and Scaings\edp\Local Settings\Temporary Internet Files\OLK18\Fire Station Riverside lease ameadment.September. 19 CPV's.doc Property Description Fire Station #2 Lease June 14, 2006 EXHIBIT "A" PROPERTY DESCRIPTION FIRE STATION #2 LEASE PARCEL #32-40-31 -00000-0020-00001 .0 Situated in the State of Florida, County of Indian River, City of Vero Beach , and being a part of Government Lot 2 , Section 31 , Township 32 South , Range 40 East , and being more particularly bounded and described as follows: Commencing at the Northeast corner of Section 31 , Township 32 South , Range 40 East; Thence South 00° 16' 13" West along the east line of said Section 31 for a distance of 2 , 669 . 00 feet to the northeast corner of the southeast quarter of said Section 31 ; Thence South 89057' 33" West along the north line of the said southeast quarter of Section 31 for a distance of 1 , 738. 32 feet to an intersection with the west right-of-way line of Bridge Plaza Drive (80 foot right-of-way) as described in Official Record Book 8, Page 468 , of the Public Records of Indian River County; Thence South 00002'56" West along the said west right-of-way line of Bridge Plaza Drive for a distance of 95. 05 feet to the Point of Beginning of the herein described leased parcel ; Thence, from said Point of Beginning, North 89057'04" West and perpendicular to the said west right-of-way line of Bridge Plaza Drive for a distance of 267 . 34 feet more or less to a point on the west face of a seawall , said point also being on the mean high water line of the east shore of the Indian River, Thence South 02046'46" West along said west face of a seawall for a distance of 33 . 65 feet; Thence South 88037'30" West along said north face of a seawall for a distance of 8 . 74 feet; Thence South 00036'01 " East along said west face of a seawall for a distance of 125 . 00 feet; Thence South 87049'26" West along said north face of a seawall for a distance of 8 . 38 feet; Thence South 02021 ' 14" East for a distance of 29. 35 feet; Sheet 1 of 3 Property Description Fire Station #2 Lease June 14, 2006 Thence South 27040'45" East for a distance of 40 . 94 feet; Thence South 19°49' 50" East for a distance of 39 . 32 feet; Thence South 23°20' 19" East for a distance of 87 . 97 feet; Thence North 70'38' 19" East for a distance of 44. 97 feet; Thence North 59044'41 " East for a distance of 201 . 12 feet to a point on the southerly extension of the west right-of-way of Bridge Plaza Drive; Thence North 00002'56" East for a distance of 168. 33 feet to a point of intersection with the west right-of-way of Bridge Plaza Drive and the north line of the old State Road 60 right-of-way, jurisdictionally transferred to the City of Vero Beach by the Florida Department of Transportation on September 20, 1996; Thence North 0002'56" East along the said west right-of-way of Bridge Plaza Drive for a distance of 57 . 68 feet to the Point of Beginning; Said leased parcel containing an area of 78 , 693 square feet more or less ( 1 . 81 acres) . a XPi.. . . . . . . . .. t TSE . . •• BiF David R. Gay, P�Sl f/ ; tis�x� a E\. yam • . N:1 ADMINISTRATIVETroperty DescriptionM2006\Lease. Fire Stn #2.June 142006.doc Sheet 1 of 3 POINT OF COMMENCEMENT '. 589' 57 ' 33"W 1738 . 32 NORTHEAST CORNER _ _ - SECTION 37 325 4UE o Q NORTHEAST CORNER OF RIVERSIDE CAFE _ _-- m C SOUTHEAST QUARTER OF I3 W SECTION 31 - 325-40E LL W POINT OF BEGINNING i � wo SCALE 1 "= 80' o N _ Ll N89'57 04' W 267. 34' Gc 58837'30"W m 8. 74' % IK p0 N00'02 '56 " E 1 oo > ST PT\OR P 57.68' / z w � F�R��PSE P sF � TPI Q g 6g3 ES AZO 6O 0 a b PCR CRE`' P•� z ,o o ,� 83 P . RO ------ S87'49 '26' W 8.38' 0�0/ / 100 Ny6 y /Z 502'21 '14"E 2885 n 29 35' _ 527'40'45"E {£ 40.94' / SE pR s fA L rvp� 519'49 ' 50"E .E`"`J'' �°P'.� 39. 32' / O I e eo E k� / c9 kk N Y G y . 523'297p 57 -- P ' 87.97 i Q+f.VW 1EM'�; RIVERSIDE PARK Off ; DAVID GAY, PSM THIS SKETCH IS NOT A SURVEY 41 o'7a' 19' E V �o f $� SHE (=T �j '©F 3 F:•' g 0- BY aBv. rvo. CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION EXHIBIT "A" DEPARTMENT OF C WORKS FIRE STATION # 2 CITY PROJECT NO. ZOOS - 11 ORWN.BY DATE AND ENGINEERING PORTION OF GOVERNMENT LOT 2 , SECTION 31 — 32 -- 40 DA IB DRWN BY CHKD BY DESCRIPTION ENGINEERING DIVISION 6/2oos DG MIKE Property Description Fire Station #2 Lease November 17, 2006 EXHIBIT "B" PROPERTY DESCRIPTION FIRE STATION #2 LEASE ACCESS EASEMENT PARCEL #32-40-31 -00000-0020-00001 . 0 Situated in the State of Florida, County of Indian River, City of Vero Beach , and being a part of Government Lot 2 , Section 31 , Township 32 South, Range 40 East, and being more particularly bounded and described as follows: Commencing at the Northeast comer of Section 31 , Township 32 South , Range 40 East; Thence South 00016' 13" West along the east line of said Section 31 for a distance of 2,669. 00 feet to the northeast corner of the southeast quarter of said Section 31 ; Thence South 89057133" West along the north line of the said southeast quarter of Section 31 for a distance of 1 , 738.32 feet to an intersection with the west right-of-way line of Bridge Plaza Drive (80 foot right-of-way) as described in Official Record Book 8, Page 468 , of the Public Records of Indian River County; Thence South 00°02'56" West along the said west right-of-way line of Bridge Plaza Drive for a distance of 95.05 feet to the Point of Beginning of the herein described access easement; Thence, from said Point of Beginning , continue South 00°02'56" West along the said west right-of-way of Bridge Plaza Drive for a distance of 57. 68 feet to a point of intersection with the north line of the old State Road 60 right-of-way, jurisdictionally transferred to the City of Vero Beach by the Florida Department of Transportation on September 20, 1996 ; Thence South 00002'56" West along the southerly extension of the said west right-of-way of Bridge Plaza Drive for a distance of 168 . 33 feet; Thence South 59°44'41 " West for a distance of 11 . 58 feet; Thence North 00°02'56" East for a distance of 231 . 85 feet to the north line of the Fire Station No . 2 lease ; Thence South 89°57'04" East for a distance of 10. 00 feet to the Point of Beginning; Containing 2 ,289 square feet more or less . r`ir ` yH` C •� V David . Gay, PSM o 2 N:SADMINISTRATIVE1Property Descriptions12o061Lease. Fire Stn #2.AccessEsmnt.Nov17 2006.doc T"•• ••••••'~•^OX . �PefeSS 0 Sheet 1 of 2 POINT OF ULGINNINGPOINT OF COMINENCEM/ 0 E CO f CBS'SJ'JJ' W 3832 N RTn ASr RN R V32SACT RIVERSIDE CAFE 50002'56"W NORTHEAST CORNER OF 95.05 SouwEns1T QUARTER OF sEcnory S2S-4 Nn9'nl ()4 w - HT lauc _ SCAI 1 60' - ---- A SUBJECT j asPEALT DRIVE ACCESS - - EASEMENT w aIVFRSIDE m PARK �6VE. � 2V� GF- 0� n n m o i CONCRETE DRIVE PROPOSED CQNCRETE o 17 ;;- � ,•..�' FIRE STATION NO 2 ASPNA - „ ” EVISTwc NOOD ooc_x ------------------ 10. 00 I 559'44'41 "w tt58 TOTAL IFASE ARLA - 1 . 83 ACRES PRPOwNEY LVIOLIS LEASE AREA= 1 . 1 ACRLS �� PAVILION -- i ADDITIOK' AI . LEASE AI: EA = 0 7 ACRES T cl`i I 1 6plot;rk Vote RIVERSILE o THIS SKETCH IS NOT A SURVE PARK DAVI GAY, S ' SH EEY•z" .F.r h FEV. NO % CITY OF VCRO BEACH SKETCH OH PROPER IY DESCRIPTION EXHIBIT " B " •. P�oless - DEI ARTMENT OF PUBLIC WORNC FIRE STATION N0 . 2 CITV PROJECT No. ERAS BY MAIL AND FNGINEERING 2005 11 A S S E A SV CN T DATF DOWN UY CURT BY OEscRIPTON ENGINEERING DIVISION 111200 Dc VKF