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<br />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
<br />VI/zot44
<br />cpd/y- 033
<br />FIFTH AMENDMENT TO FACILITY LEASE AGREEMENT
<br />THIS FIFTH AMENDMENT is entered into as of this 1 stday of April , 2014, by
<br />and between Indian River County, a political subdivision of the State of Florida ("County") and
<br />Verotown, LLC, a Delaware limited liability company authorized to do business in the State of
<br />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 rights 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, on or about March 10, 2014, the Parties entered into the Fourth
<br />Amendment to Facility Lease Agreement ("Fourth Amendment") in which, among other things,
<br />the Parties amended the number of hotel rooms that need to be renovated from 67 to 66 and the
<br />County agreed to increase its budget for the referenced renovations from $600,000 to $634,000;
<br />and
<br />WHEREAS, the County wishes to amend Section 5 of the Fourth Amendment both to
<br />increase its budget for renovating the remaining 66 hotel rooms from $634,000 to $670,245.22,
<br />and to reserve the right to increase and/or decrease its budget by a total $50,000 in the future for
<br />the referenced renovations using change orders approved by the Indian River Board of County
<br />Commissioners; 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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