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NINTH AMENDMENT AND MODIFICATION <br />OF <br />NINETY-NINE YEAR LEASE <br />as/oe oiW <br />c:7• 7S <br />ascii/ 08a <br />THIS NINTH AMENTMENT AND MODIFICATION OF NINETY-NINE YEAR <br />LEASE made and entered into on June 3 , 2014, by and between INDIAN RIVER <br />COUNTY, FLORIDA, a political subdivision of the State of Florida, by and through its <br />Board of County Commissioners, whose address is 1801 27th Street, Vero Beach, <br />Florida hereinafter referred to as Lessor, and ST. FRANCIS MANOR OF VERO <br />BEACH, FLORIDA, INC., a Florida non-profit corporation hereinafter referred to as <br />Lessee: <br />WITNESSETH: <br />WHEREAS, on the 8th of August, 1973, the Lessor did execute a Ninety -Nine <br />Year Lease to the Lessee covering certain lands therein described, which Lease has <br />been duly recorded in the public records of Indian River County, Florida in Official <br />Record Book 516, at page 305; and <br />WHEREAS, an Amendment and Modification was executed on February 6, 1980 <br />and a Second Amendment and Modification was executed on July 27, 1993' and a <br />Third Amendment and Modification was executed on September 19, 1994; and a Fourth <br />Amendment and Modification was executed on October 12, 1999; and a Fifth <br />Amendment and Modification was executed on February 7, 2006 and a Sixth <br />Amendment and Modification was executed on May 1, 2012, and a Seventh <br />Amendment and Modification was executed on October 9, 2012, and an Eighth <br />Amendment and Modification was executed on June 4, 2013; and <br />WHEREAS, the Eighth Amendment added a portion of the Old County Jail Site <br />to its Leased Premises; and <br />WHEREAS, there exists on the portion of the Old Jail Site, a guyed <br />communications tower and its associated equipment belonging to the County which is <br />part of a separate leasehold that was originally excluded from the expanded Leased <br />Premises created in the Eighth Amendment; and <br />WHEREAS, the Parties have since learned that the property beneath the guy <br />wires and adjacent to the tower may be used for parking, green space or other <br />permissible uses should Lessee construct additional buildings on the Old Jail Site; and <br />WHEREAS, the Lessor and Lessee desire to execute a Ninth Amendment and <br />Modification to said Lease in order to add that portion of the area beneath the tower, the <br />guy wires, adjacent to the tower, and the access easement to the tower, so that it might <br />be used for lawful purposes in the manner hereinafter set forth; and <br />WHEREAS, the execution of the Ninth Amendment and the Modification has <br />been duly authorized by the Lessor and accepted by the Lessee; <br />1 <br />