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co & - 6310 FIFTH AMENDMENT TO NINETY-NINE YEAR LEASE [ST. FRANCIS MANOR LEASE] THIS FIFTH AMENDMENT TO NINETY-NINE YEAR LEASE ("Fifth Amendment") is made and entered into this 7th day of February, 2006, nunc pro tunc to October 12, 2004 ("Amendment") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners ("County"), and ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC., a Florida non-profit corporation ("Lessee"). BACKGROUND RECITALS: A. On August, 8, 1973, the County as Lessor and Lessee entered into a Ninety -Nine Year Lease covering certain lands described therein, recorded in the public records of Indian River County, Florida, in O.R. Book 516, Page 305 ("Original Lease"). B. The Original Lease was amended by Amendment and Modification of Ninety -Nine Year Lease "dated February 6, 1980" ("First Amendment") The First Amendment is unrecorded and added certain lands set forth therein to the leasehold estate of the Original Lease. C. A Second Amendment and Modification of Ninety -Nine Year Lease was executed on July 27, 1993, and recorded in the public records of Indian River County, Florida, in O.R. Book 982, Page 2197 ("Second Amendment"). The Second Amendment allows Lessee the ability to refinance any mortgage encumbering the leasehold improvements. D. A Third Amendment and Modification of Ninety -Nine Year Lease was executed on September 19, 1994 ("Third Amendment"). The Third Amendment is unrecorded and added certain adjoining and contiguous land to the leasehold estate created by the Original Lease; subject, however, to such land reverting back to the County if an assisted living facility was not built on such land within five years of September 19, 1994. E. A Fourth Amendment and Modification of Ninety -Nine Year Lease was executed on October 12, 1999, and was recorded in the public records of Indian River County, Florida, in O.R. Book 1299, Page 1237 ("Fourth Amendment"), The Fourth Amendment extended the construction period for the assisted living facility for five years from October 12, 1999; subject, however, to the same reverter as contained in the Third Amendment. F. By its terms, the Fourth Amendment expired October 11, 2004, and the land added to the leasehold estate in accordance with the Third Amendment and Fourth Amendment would be subject to revert to the County on that date.