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S-) 10 / 11 THIRD MODIFICATION TO LEASE AGREEMENT8 BETWEEN a INDIAN RIVER COUNTY AND MARK SMITH WHEREAS , on January 1 , 2009 Indian River County and Mark Smith entered into a lease agreement providing for Smith to reside as a tenant within the South County Regional Park to provide security when the park is closed and during non -work hours of the County' s Parks or Recreation employees ; and WHEREAS , among the responsibilities and duties of the tenant ( lease provision 7 . 1 ) is to "endeavor to attain and remain in a duty status that is assigned a marked patrol car, unless such requirement is waived in writing by the Board of County Commissioners if deemed in the best interests of the County . " and WHEREAS , Smith is now in reserve status with the Sheriff' s Office and as such will not be assigned a marked patrol car ; and WHEREAS , on , January 12 , 2010 the Board of County Commissioners expressed a willingness to do a lease modification to allow Mark Smith some reasonable time to sell Smith ' s mobile home to a deputy who could satisfy the " marked patrol car" requirement ; and WHEREAS , LEASE PROVISION 10 . 3 " Modification " provides "this lease may be modified . . . only by a written document authorized and executed by both parties . . . . " . WHEREAS , on March 2 , 2010 , the Board of County Commissioners of Indian River County waived the requirement of lease provision 7 . 1 that the resident tenant be in a duty status that is assigned a marked patrol car; and waived the marked patrol car requirement of lease provision 7 . 1 for period of six (6 ) months ending September 2 , 2010 in order to allow Mark Smith time to sell his dwelling located on the leased premises . WHEREAS , on October 12 , 2010 , the Board of County Commissioners of Indian River County found that it is in the best interest of the County to extend the lease to expire on April 30 , 2011 to allow Mark Smith time to sell the dwelling or vacate premises . WHEREAS , upon the expiration of the Second Modification of the Lease Agreement , Mark Smith has requested a 6 month extension and Third Modification to Lease Agreement to further amend Section 7 . 1 to include a sworn corrections officers to be eligible to fulfill the Tenant ' s obligations under the Lease . 1 THIRD MODIFICATION TO LEASE AGREEMENT South Cty Park - Smith .docx