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u^.+ 03 -- OZ - 10 <br /> ) 34A , <br /> FIRST MODIFICATION TO LEASE AGREEMENT <br /> BETWEEN <br /> INDIAN RIVER COUNTY AND MARK SMITH <br /> WHEREAS , on January 1 , 2009 Indian River County and Mark Smith <br /> entered into a lease agreement providing for Smith to reside as a tenant within <br /> the South County Regional Park to provide security when the park is closed and <br /> during non -work hours of the County ' s Parks or Recreation employees ; and <br /> WHEREAS , among the responsibilities and duties of the tenant ( lease <br /> provision 7 . 1 ) is to " endeavor to attain and remain in a duty status that is <br /> assigned a marked patrol car , unless such requirement is waived in writing by the <br /> Board of County Commissioners if deemed in the best interests of the County . <br /> and <br /> WHEREAS , Smith is now in reserve status with the Sheriff' s Office and as <br /> such will not be assigned a marked patrol car ; and <br /> WHEREAS , on January 12 , 2010 the Board of County Commissioners <br /> expressed a willingness to do a lease modification to allow Smith some <br /> reasonable time to sell Smith ' s mobile home to a deputy who could satisfy the <br /> " marked patrol car" requirement ; and <br /> WHEREAS , lease provision 10 . 3 " Modification " provides "this lease may <br /> be modified . . . only by a written document authorized and executed by both <br /> parties . . . . <br /> NOW, THEREFORE , the Board of County Commissioners of Indian River <br /> County finds that it is in the best interest of the County to waive the requirement <br /> of lease provision 7 . 1 that the resident tenant be in a duty status that is assigned <br /> a marked patrol car ; and hereby waives the marked patrol car requirement of <br /> lease provision 7 . 1 for the period of six ( 6 ) months ( to September 2 , 2010 ) to <br /> allow Smith to sell the dwelling located on the leased premises to another <br /> qualifying law enforcement officer with arrest authority and the ability to be <br /> assigned a marked patrol car . <br /> IN WITNESS WHEREOF , th parties hereto execute this First <br /> Modification of Lease Agreement this day of March , 2010 . <br /> Indian River County TENANT : <br /> Board of County commissioners <br /> f <br /> B -- <br /> BY <br /> Y <br /> Peter&D __ &ea=an Mark mith , D puty <br /> BCC approved : March 2 , 2010 <br /> 1 <br />