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Prepared by, record and return to:
<br />Office of the County Attorney
<br />1801 27th St., Vero Beach, FL 32960
<br />Telephone: 772.226 1424
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<br />FOURTH AMENDMENT TO FACILITY LEASE AGREEMENT
<br />THIS FOURTH AMENDMENT is entered into as of this _day of January , 2014,
<br />by and between Indian River County, a political subdivision of the State of Florida ( `County")
<br />and Verotown, LLC, a Delaware limited liability company authonzed to do business m the State
<br />of Florida ("Verotown").
<br />WHEREAS, on or about May 1, 2009, the County and MiLB Vero Beach, LLC, a
<br />Florida limited liability company ("MiLB"), entered into the Facility Lease Agreement in which
<br />the County leased the Facility to MiLB, and granted to MiLB certain management nghts with
<br />respect to the Facility, for a term of five years ending April 1, 2014 ("Original Lease '); and
<br />WHEREAS, on or about June 1, 2011, the County and MiLB entered into the First
<br />Amendment to Facility Lease Agreement ("First Amendment"); and
<br />WHEREAS, on or about January 1, 2012, the County, MiLB and Verotown, entered into
<br />the Second Amendment to Facility Lease Agreement, in which, among other things, the rights
<br />and obligations of MiLB under the Original Lease and the First Amendment were assigned to
<br />Verotown ("Second Amendment"); and
<br />WHEREAS, on or about July 16, 2013, the County and Verotown ("the Parties") entered
<br />into the Third Amendment to Facility Lease Agreement, ("Third Amendment") in which, among
<br />other things, Verotown exercised its right to renew the lease for an additional five years, and the
<br />County agreed to pay for or reimburse Verotown for the actual costs of renovating 67 hotel
<br />rooms in an amount not to exceed $600,000; and
<br />WHEREAS, In compliance with the Third Amendment, the County publically bid the
<br />room renovations and the lowest, most responsive bidder's cost for the job (including County
<br />purchased items to save sale tax) was approximately $634,000 or $34 000 over the allotted
<br />amount; and
<br />WHEREAS, the County has agreed to increase its payment from $600,000 to $634,000
<br />to renovate the hotel homes in order to comply with the terms of the third Amendment; and
<br />WHEREAS, the Parties wish to amend Section 5 of the Third Amendment to state that
<br />the County is responsible for renovating 66 hotel rooms in an amount not to exceed $634,000,
<br />and Verotown is amenable to this amendment; and
<br />WHEREAS, the County and Verotown reaffirm their desire to preserve the rich
<br />traditions and history of "Dodgertown and the Facility, and recognize that the benefits to the
<br />local community of continuing baseball, athletic, conference and other activities at the Facility
<br />are unique and diverse, and include, without limitation, increased economic activity and
<br />employment opportunities, increased tourist trade and promotional opportunities, increased
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