HomeMy WebLinkAbout13-006RESOLUTION NO. 13-006
A RESOLUTION AUTHORIZING THE FIRST AMENDMENT TO THE
OCTOBER 6, 2009 SUBLEASE OF LAND BETWEEN ST. LUCIE COUNTY,
FLORIDA AND THE SUN DANCERS RADIO CLUB, INC., A FLORIDA
NON-PROFIT CORPORATION, OF PROPERTY LOCATED IN ST. LUCIE
COUNTY, FLORIDA, FOR THE INSTALLATION, MAINTENANCE AND
OPERATION OF A REMOTE CONTROL AIRPLANE FACILITY FOR THE
BENEFIT OF THE CITIZENS OF ST. LUCIE COUNTY; AUTHORIZING
THE CHAIRMAN OF THE COUNTY COMMISSION TO EXECUTE THE
FIRST AMENDMENT TO THE OCTOBER 6, 2009 SUBLEASE
AGREEMENT AND OTHER INSTRUMENTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, St. Lucie County is the lessee of certain real property located along Germany
Canal Road more particularly described in PARTA below, which is not needed for County purposes;
and
WHEREAS, on October 6, 2009, St. Lucie County approved a Sublease Agreement
subleasing approximately 80 acres to the Sun Dancers Radio Club, Inc., a Florida non-profit
corporation (the "Club"); and
WHEREAS, the Club wish to amend the sublease for recreation purposes to install, maintain
and operate a remote control airplane facility for the benefit of the citizens of St. Lucie County; and
WHEREAS, the County and the Club desire to amend the Sublease Agreement to include an
additional 80 acres for a total of 162.3 acres +/-, which 162.3 acres +/- acres is described in Part A
below.
WHEREAS, the Board of County Commissioners of St. Lucie County has determined that
subleasing the property described below in PART A to the Club serves a valid public purpose for the
citizens of St. Lucie County; and
WHEREAS,pursuanttoSection 125.38, FloridaStatutes,the Board ofCountyCommissioners
of St. lucie County is authorized and empowered to sublease property described below in PART A
to the Club as a non-profit organization; and
WHEREAS, the Board of County Commissioners of St. Lucie County deems the above
described sublease to be in the best interest of the citizens of St. Lucie County; and
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WHEREAS, the Board caused the First Amendment to the October 6, 2009 Sublease
Agreement to be placed on the agenda for Board discussion at the Board's regular meeting held
on January 8, 2013.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
Section 1: Findin~s
The findings set out above are hereby adopted as findings of the Board.
Section 2: Sublease Authorized
The property described below in PART A shall be subleased to the Club for use as a
remote control airplane and car facility.
PART A
A PARCEL OF LAND LYING IN SECTION 19, T-36-S, R-38-E, ST. LUCIE
COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NE 1/4 OF SECTION 19;
TOGETHER WITH THE NORTH 1/2 OF THE SE 1/4 OF SECTION 19;
TOGETHER WITH THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SE 1/4
OF SECTION 19; AND THE EAST 150' OF THE SOUTH 1/2 OF THE
SOUTH 1/2 OF THE SE 1/4 OF SECTION 19.
Section 3: Authoritv of Chairman of Board of Countv Commissioners
The Chairman of the Board of County Commissioners of St. Lucie County is hereby
authorized to execute any and all Sublease Agreements or other instruments necessary to
effectuate the sublease authorized by this Resolution.
Section 4: Severabilitv
In the event a court of competent jurisdiction shall hold or determine that any part of this
resolution is invalid or unconstitutional, the remainder of the resolution shall not be affected and
it shall be presumed that the St. Lucie County Board of County Commissioners did not intend to
enact such invalid or unconstitutional provision. It shall further be assumed that the Board of
County Commissioners would have enacted the remainder of this resolution without said invalid
or unconstitutional provision, thereby causing said remainder to remain in full force and effect.
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Section 5. Effective Date
This Resolution shall be effective upon adoption by the Board of County Commissioners for
St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chair Tod Mowery AYE
Vice Chair Frannie Hutchinson AYE
Commissioner Chris Dzadovsky AYE
Commissioner Paula A. Lewis AYE
Commissioner Kim Johnson AYE
PASSED AND DULY ADOPTED this 8th day of January 2013.
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY: I D C~l
Chairman
APPROVE S TO FORM AND
CORR CTNE55~
BY: I- / ~~
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Co~inty Attor y
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