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Home My WebLink About2009-106A ` /C b 44r&? � ATL1 1 . 34 Acres BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AMENDMENT NUMBER TWO TO LEASE NUMBER 4136 ARCHIE CARR SEA TURTLE REFUGE (Capt. Forster Hammock Preserve) THIS LEASE AMENDMENT is entered into this day of P, #z1 L 2009 , by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA , hereinafter referred to as " LESSOR " and INDIAN RIVER COUNTY , FLORIDA , a political subdivision of the State of Florida , hereinafter referred to as " LESSEE " ; W I T N E S S E T H WHEREAS , LESSOR , by virtue of Section 253 . 03 , Florida Statutes , holds title to certain lands and property for the use and benefit of the State of Florida , and WHEREAS , on January 1 , 1997 , LESSOR and LESSEE entered into Lease Number 4136 ; and WHEREAS , LESSOR and LESSEE desire to amend the lease to add land to the leased premises . NOW THEREFORE , in consideration of the mutual covenants and agreements contained herein , the parties hereto agree as follows : 1 . The legal description of the leased premises set forth in Exhibit " Al' of Lease Number 4136 is hereby amended to include the real property described in Exhibit " A , " attached hereto , and by reference made a part hereof . 2 . It is understood and agreed by LESSOR and LESSEE that in each and every respect the terms of the Lease Number 4136 , except as amended , shall remain unchanged and in full force and effect and the same are hereby ratified , approved and confirmed by LESSOR and LESSEE . 3 . It is understood and agreed by LESSOR and LESSEE that this Amendment Number TWO to Lease Number 4136 is hereby binding upon the parties hereto and their successors and assigns . Rev . 3 / 07 IN WITNESS WHEREOF , the parties have caused this lease amendment to be executed on the day and year first above written . BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Bye (&a' LILA 0 , 4, Y ). 2 � ,� SEAL ) Witness GLORIA C . BARBER , OPERATIONS AND MANAGEMENT CONSULTANT c.c> cr LA, MANAGER , BUREAU OF PUBLIC LAND Print / Type Witness Name ADMINISTRATION , DIVISION OF STATE LANDS , STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Wi less " LESSOR " Q/ Print / TWitness Name STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 2009 , by Gloria C . Barber , Operations and Management Consultant Manager , Bureau of Public Land Administration , Division of State Lands , State of Florida Department of Environmental Protection , as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida . ,, She is personally known to me . 01 e . . . . . * * * i, Notary Public , State of Florida •��\SSION�•.C# viii V 28 2 A900 Q °air : - Print / Type Notary Name Mew `` AMPAMW % * ; W040 auft ado � '• 8DD 763203 ; p zo Commission Number : i.1 A BFedadto 11il,27yN110;;; ;``�� Commiss ' on Expires : Approve a orm and egality By . � ttor ey Page 2 of 6 Pages Amendment Number TWO to Lease No . 4136 INDIAN RIVER COUNTY , FLORIDA By its Board of County Commissioners � J By : ( SEAL ) Witness (authorized by ounty Res . No. 2006- 179) Terri Collins - Lister Wesley S . Davis Print / Type Witness Name Print / Type Name • Title : Chairman , Board of County Commissioners l " 4001 Witness Darcy R . Vasi 1s Jeffrey 8MarEton , Clerk of Court Print / Type Witness Name Attest Athena Adams , Dcput,y Clcrk Print / Type Name STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 25th day of March , 2009 , by Wesley S . Davis as Chairman and Athena Adams respectively , on behalf of the Board of County Commissioners of Indian River County , Florida . Who are personally known to me . Alf )�Cyo q1&1 /f� Notary Publiq , TState of Florida MISTY L. 1we NOW pubw . so N FIWW Misty L . Horton My Camin E*ftfte f§, lM Print / Type Notary Name j cc : mitis : 04040 arise i Commission Number : DD 827100 Commission Expires * December 29 , 2009 Approved as to Form and Legal Sufficien By: William K . DeBraal Deputy County Attorney Page 3 of 6 Pages Amendment Number TWO to Lease No . 4136 1972332 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 2317 PG : 2266 , 02 / 02 / 2009 11 : 29 AM DOC STAMPS D $ 24500 . 00 1 ,��,, p r CP ' ' This Document Prepared By and Return to: r Bruce Barkett , Esq , Collins , Brown Caldwell , Barkett 6 Garavaglia 756 Beachland boulevard Vero Beach , FL 32963 Pareel ID Number. 31 - 39 - 14 - 00000 - 0030 - 00002 / 1 6 Warranty Deed This Indenture, Made this d;4'3iU( day of Windsor Properties , a Florida neral + 2009 A.D. , Between partnership , of the County of Indian River , state of Florida Board of Trustees of the Internal Improvement Trust Fund of theState and of Florida , whose address is: c/o Florida Department of Environmental Protection , 3900 Commonwealth Blvd , , Mail Station 115 , Tallahassee , Leon County , FL of the County of Leon ' state of Florida 32399-3000 , Itnesseth That the GRANTOR, for and in consideration of the cum ofgrantee, - - - - - - - - - - - - TEN AND N0/ 100 ( $ 10 . 00 ) - - - - - - - - - - - - - and other good and valuable consideration to GRANTOR in hand aid b G DOLLARS, P Y GRANTEE, We receipt whereof is hereby acknowledged, hes granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Indian River state of Florida to wit: See attached Exhibit "Ar' for Legal Description . Subject to restrictions , reservations and easements of record , if any , now existing , but any such interests that may have been terminated are not hereby reimposed . and the grantor does hereby fully warrant the title to said land, and will defend the same against lawfirl claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set its hand and sed the day and year first above written. Signed, sealed and delivered In our presence: Windsor Properties A Florida general partnership BY : Torwast , Inc . as General ' P,alrtner . .• , r A Flori ation g, � � ! t k> x B 4�^L "r �oQ gyp ' r p ,. Prin d Name : y ' FF OFF < k; to Mark Justice s Presidentie. w. o P.O. Address: 3I25 wind Blvd., Vero Bath, FL 3j963 ` +tl r,.r ,. ;A., Fp + rinte ame : .S /RCEy f92) /JJ /�I!(,Q� t(� A �:� :.: Witnes STATE OF Florida COUNTY OF Indian River The foregoing instrument was acknowledged before me this day of 2009 6 Mark Justice , as President of Torwest , Inc . , Flori + Y da co its behalf , General Partner of Windsor Properties , a Florida generalon partnership , he is personally known to me or he has produced his Florida driver t cense d n. Printed Notary lic sMsaiFloft My Commission Expires: ' thwtiv Ann M Murico Mr Cm"uion DDSON50 Windsor D t.,K. a.,,�„eaeroa,+tysra�,., t,n, rmv perlter.sssr r�, tl.wo-t it°` 6@IUIfJ01�010 Exhibit " A" Page 4 of 6 Pages Amendment Number 2 to Lease No . 4136 BK : 2317 PG : 2267 Exhibit "A " A parcel of land lying and . being in Section 14, Township 31 South, Range 39 East, Tallahassee base meridian, Indian River County, Florida, being more particularly described as follows : COMMENCING at the southwest comer of GOVernment Lot 2, Section 14, Township 31 South, Range 39 Eas , Indian River County Florida; thence, bearing North 890451161, East, along the south line of said Government lot 2, a distance of 865 .92 feet to the easterly Right of Way line of State Road A- 14s, as shown on Florida Departinent of Transportation Right of way Map Section No. 88070=2102, dated 10/21 /57; thence, bearing South 24°24'50" East, along said Right of Way line, a distance of 591 .63 feet to the POINT OF BEGITINING of the herein described parcel of land; Thence, leaving said Right of Way line, bearing North 89023'3511 East, a distance of 602.04 feet to a the Mean High Water Line of the Atlantic Ocean point on rontriental Protection Mean High Water Survey File Number 3646 dated 5/25/21/05);f thence, bearing South 24°21 '26" East, along said Mean High Water. Line, a distance of 136. 57 feet to a point; thence, leaving said Mean High Water Line, bearing South 89°23135 " West, a distance of 601 . 90 feet to a point at the said easterly Right of Way line of State Road A_ l 'A; thence, bearing North 24°24'50" West, along said Right of Way line, a distance of 136.63 feet to die POINT OF BEGINNING. BSMAPPROVED BY_ DME Golden Sands Park/Windsor Properties Parcel D Windsor to TIITF Indian River County I Exhibit " A" Page 5 of 6 Pages Amendment Number 2 to Lease No . 4136 BK : 2317 PG : 2268 ' f:\5urvey\86901 .01 \dwq\TITLE TRANSFER EX 10-19 =06.dwq, Oec 17, 2008 — 12:34JWK kslaltnnger 41 1I BASK'ERVILLE - Exhibit """A" PROJEC.: 86901 .01 DONOVAN INC , rw► rW SUWEY IATE NOT A SURVEY 1NNOVATT'" 1TLFn" RUCTURZ SOLUTIONS 'Y1ndsor "D " SE�� 14 7171 AMM MAD TO ACCOMPANY LEGAL DISCRIPTION MADU Rf, n M" IT1 Olu-Sep TOWNSH9* 31 Tscwnwa 11e9Lzs ts-eecnsu NOT 4 SURVEY N07 TO SCALE RANCE SOUTH 39 EAST IIIIIIIIP \ \ EA7SnNG GOLDEN 5 DS PARK soon+ �E GO NUENT Lor 89'45'10' 86 92' NORTH GW£ GOH'R UMT LOT 3 P. O. G sou1HHCSr oCYtNfiC e cowRwin or Z \ a t .i a n It a > 7� EXHIBIT C �m Mr NORTH7f$$i► x �: \ AL3 Honrb 1/2 or TRY )MRrX 1/48 � \a Or 00viriLVAUNT Lor 3 NOT TO SCAB o `a - sourn r/s or rw Avors LA \�_ �� -a � Q, or VOYS NYIM Lor a RIF P. u C v � Fy \ W > o. e EXHIBIT EZ s\ N8973"I SOL040 �3 EXHIBIT D a y a pN 75, 246 SQ.PT, 1. 73* Acres SCUM lMc of iK w\d1M '� 1/2a wAna"M 11n 3 58913'35'M 601.90 NOT �� PLATTED SANOERLING SowI SUBOIVISlON 1,io�` \ PB 11, PG 91 REMIONS p pip 8g KS N0. By DESCRIP110N DATE 5r1LE NOT 70 SCJ1E F.9. PACE DRAWN Bf: � SHEET: 2 OF 2 f Exhibit " A" Page 6 of 6 Pages Amendment Number 2 to Lease No . 4136 RESOLUTION N0 . 2006 - 179 A RESOLUTION OF INDIAN RIVER COUNTY , FLORIDA , APPROVING AN EXCHANGE OF LAND WITH WINDSOR PROPERTIES , A FLORIDA GENERAL PARTNERSHIP AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND WHEREAS , Windsor is the owner and developer of real property located on the north barrier island , between State Road A1A and the Atlantic Ocean , Situated Immediately adjacent to both the north and south sides of Golden Sands Park ; and WHEREAS , The approximately 9 . 287 acre Windsor property located immediately south of the Park is separated from the remainder of the Windsor Community by the Park ; and WHEREAS , Windsor desires to make an even exchange of land with Indian River County that would make Windsor ' s land holdings contiguous , and move the County Park parcel to the south onto what is now Windsor' s south parcel ; and WHEREAS , the Board of Trustees of the Internal Improvement Trust Fund owns a 1 . 4 acre parcel of property located in the northern section of Golden Sands Park ; and WHEREAS , the terms and conditions of the proposed exchange were noticed in the newspaper once a week for two weeks pursuant to Florida Statute 125 . 37 , NOW , THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY , FLORIDA , that the Exchange Agreement between Indian River County , Florida , Windsor and the Board of Trustees of the Internal Improvement Trust Fund Relating to the Exchange of Real Property is approved and Chairman is authorized to execute the Agreement and any necessary deed to effectuate the exchange . The resolution was moved for adoption by Commissioner Lowther and the motion was seconded by Commissioner Davis and , upon being put to a vote , the vote was as follows : Arthur R . Neuberger , Chairman Aye Gary C . Wheeler , Vice Chairman Aye Sandra D . Bowden Aye Wesley S . Davis Aye Thomas S . Lowther Aye The Chairman thereupon declared the resolution duly passed and adopted this 70 day of November , 2006 . BOARD OF COUNTYCOMMISSIONERS INDIAN RIVER COUNTY , FLORIDA Arthur R . Neuberger , Chalrjj BCC approved : _ November 7 , 2006 — _ ATTEST : Jeffrey K . Barton , Clerk 1G � By : Deputy Clerk Approved as to form And legal sufficiency : ; By : William I DeBraal Assistant County Attorney ATTORNEY ' S MATTERS Office of INDIAN RIVER COUNTN " ATTORNEY William G . Collins 11 , County Attorney Marian E. Fell, Assistant County Attorney William K. DeBraal, Assistant County Attorney MEMORANDUM TO : The Board of County Commissioners FROM : William K . DeBraal , Assistant County Attorney f DATE : November 1 , 2006 SUBJECT : Property Exchange with Windsor Properties Golden Sands Park Background . At its August 2 , 2005 meeting , the Board of County Commissioners approved a property exchange with Windsor Properties . The agreement calls for the County to convey the northern most 9 . 3 ± acres of Golden Sands Park to Windsor in exchange for a 9 . 3 ± acre parcel of property located immediately south of Golden Sands Park . In addition , Windsor will design , permit , and construct a new Golden Sands Park for Indian River County with facilities and improvements comparable to or better than the Park Facilities as they existed prior to the storms of September 2004 . The agreement also calls for Windsor to make an unrestricted cash donation to Indian River County of $ 1 , 000 , 000 . 00 . At its August 11 , 2006 meeting , the Board agreed to earmark Windsor' s $ 1 , 000 , 000 donation to benefit Indian River County parks and recreation . HistorLy . Golden Sands Park is a beach front park purchased in 1983 . The park was constructed using both County funds and funds from the Florida Recreation Development Assistance Program ( FRDAP ) . In the late 1990 ' s , the County acquired additional property ( 1 . 4 acres ) on the northern border of Golden Sands Park . This property , known as the Spallone Tract , was conveyed to the Board of Trustees of the Internal Improvement Trust Fund (Trustees) with the County retaining a right of re - entry on to the property . The property was conveyed to the Trustees so the County could qualify for a 50 - 50 cost share program , enabling the County to recoup 50 % of the purchase price of the land . The hurricanes of 2004 severely damaged the restrooms and other improvements made to Golden Sands Park and a great deal of repair and replacement needs to be done to the park . ved Dale Indian Fiver Cu AW Admin. _ � b APPROVED FORb` B . C . C. MEETING_ SN REf% G 1 oe � + • C .+ri (.t5►f' R1sK M9r , WILINTY ATTC)RMFY Property Exchange with Windsor Properties November 1 , 2006 Page 2 For the past several years , Windsor Properties began buying and developing property to the north of the park on both sides of M .A . Windsor built a golf course complete with a tunnel under Highway A- 1 -A so beachfront homeowners would not have to cross a busy highway with golf carts . Windsor also purchased and still owns the 9 . 3 acres parcel of property directly south of the park . Windsor would like to make their land holdings contiguous by exchanging sof Parky tAs stated previously , south of the park for the northern most 9 . 3 acres of Golden the Board approved of this exchange in August 2005 . After the exchange was approved by the Board , it was discovered that the Board of Trustees of the Internal improvement Trust Fund must be made a party to the exchange agreement . Since the Trustees own the 1 . 4 acre Spallone tract located in the north part of the existing Golden the responsibility of selling or trading s Park , the Trustees must statve ofe landshange as the Trustees are charged On August 10 and 11 , 2006 , Windsor and the County made a presentation to the Acquisition Review Council of the Board of Trustees and the Review Council voted unanimously to recommended approval of the exchange to the full Board of Trustees . The proposed exchange will be presented to the full Board of Trustees at their December 2006 meeting . The Acquisition Review Committee and their staff have suggested two revisions to the original exchange . First , they are requesting that Windsor convey 1 . 73 acres of property located at the southern end of the current Windsor property to the Board of Trustees to replace the 1 . 4 acre Spallone Tract that will be conveyed to Windsor . Second , they have asked the County to designate the southern 50 ' of the new Golden Sands Park as a conservation easement . The US Fish and Wildlife Service has agreed to monitor both of these parcels of property due to their proximity to the Archie Carr National Wildlife Refuge . This will create a 175 ' wide " buffer" from the new park' s nearest acres eogharer beachfront habbatvlsion , The two minor Attached please find revisions will also preserve 2 . aerial photographs that depict the following : Before Exchange After Exchange Parcel Location Reference 'and Conservation Easement As stated previously , the full Board of Trustees will consider the exchange at their December 2006 meeting . Staff for the Board of Trustees has recommended that the agenda include the Board of County Commission approval of the proposed exchange . The entire proposed exchange consists of the following documents : Exchange Agreement Amendment to Exchange Agreement Declaration of Restrictive Covenants Deed of Conservation Easement Resolution Approving Exchange 2 321 Property Exchange with Windsor Properties November 11 2006 Page 3 RECOMMENDATION : 1 . Adopt the attached Agreement between Indian River County and Windsor Properties . 2 . Adopt the Resolution approving the exchange of real property between the County and Windsor that authorizes the Chairman to execute any deeds or documents necessary to effectuate the exchange of property identified in the Agreement . 3 . Execute the Conservation Easement to the Board of Trustees . WKD Attachments 3 322