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<br /> 3120130050483
<br /> RECORDED IN THE PUBLIC RECORDS OF
<br /> JEFFREY R SMITH , CLERK OF COURT
<br /> Prepared by, record and return to : INDIAN RIVER COUNTY FL
<br /> Office of the County Attorney BK: 2692 PG: 2376 Page 1 of 6 8!62013 8 : 27 AM
<br /> 1801 27`" St. , Vero Beach, FL 32960
<br /> Telephone : 772 .226 . 1424
<br /> THIRD AMENDMENT TO FACILITY LEASE AGREEMENT
<br /> THIS THIRD AMENDMENT is entered into as of this 16th day of July, 2013 , by and
<br /> 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 30 , 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 on or about January 1 ,
<br /> 2012 , the County, MiLB and Verotown, entered into the Second Amendment to Facility Lease
<br /> Agreement, in which, among other things, the rights and obligations of MiLB under the Original
<br /> Lease and the First Amendment were assigned to Verotown (" Second Amendment") ; and
<br /> WHEREAS , pursuant to section 2 . 03 of the Original Lease as amended by the First
<br /> Amendment and the Second Amendment, Verotown has an option to renew the lease for a
<br /> renewal term of five years , commencing on May 1 , 2014 and ending on April 30 , 2019
<br /> ("Renewal Term") , which option Verotown desires to exercise in accordance with the terms of
<br /> this Third Amendment to Facility Lease Agreement ("Third Amendment") (the Original Lease,
<br /> First Amendment, Second Amendment and Third Amendment are collectively referred to as the
<br /> "Facility Lease Agreement") ; 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
<br /> direct and indirect tax revenues, private sector payment of substantial maintenance and operation
<br /> expenses which would otherwise burden local taxpayers , and other such benefits,
<br /> NOW THEREFORE , in consideration of the mutual undertakings herein and other good
<br /> and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
<br /> parties agree , as follows :
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