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1 . Recitals. The above recitals are true and correct and are incorporated herein. <br /> 2. Definitions. Except as set forth herein, all capitalized terms shall have the same <br /> meaning as set forth in the Original Lease, the First Amendment and the Second Amendment, <br /> 3. Exercise of Option. Verotown hereby exercises its first renewal option set forth <br /> in section 2 . 03 . The term of the Facility Lease Agreement is hereby extended for the period of <br /> the Renewal Term; provided, however, that, except as set forth in sections 5 and 15 below, this <br /> Third Amendment shall be effective commencing at the beginning of the Renewal Term . <br /> Between the date of this Third Amendment and the commencement of the Renewal Term, the <br /> terms and conditions of the Original Lease, as amended by the First Amendment and the Second <br /> Amendment, shall remain in full force and effect without regard to any amendment of such terms <br /> and conditions set forth in this Third Amendment. <br /> 4. Rent. The amount of rent, set forth in section 2 . 04, shall remain the same during <br /> the Renewal Term . The parties acknowledge that the amount of such rent is based, in part, on (a) <br /> Verotown' s payment of the substantial cost of maintenance and operation of the Facility, and <br /> other costs incurred in the performance of this Facility Lease Agreement, which costs would <br /> otherwise be a burden upon the taxpayers of Indian River County, and (b) Verotown ' s agreement <br /> with respect to net income, set forth in section 11 below. <br /> 5. Hotel Room Renovations. As of the date of this Third Amendment, Verotown <br /> has renovated 22 of the 89 hotel rooms included within the Facility. The County shall pay for or <br /> reimburse Verotown for the actual costs of the renovations of the remaining 67 rooms in an <br /> amount not to exceed $ 600, 000 . This amount shall not be funded with funds currently on deposit <br /> in the Capital Reserve Account, or required to be deposited by the County into the Capital <br /> Reserve Account in the future. At the election of the County, such renovations shall be <br /> undertaken by the County; otherwise, such renovations shall be undertaken by Verotown, in <br /> which case all books or records of Verotown relating to the renovations shall be open <br /> to <br /> inspection by the County upon reasonable request. Procurement of the contractor(s) to perform <br /> such renovations shall be by public bid, conducted by the County in accordance with applicable <br /> law. In the event that renovations are undertaken by Verotown, Verotown shall be reimbursed <br /> for all such renovation costs within the time periods set forth in the Florida Prompt Payment Act, <br /> §218 . 70, et seq, Florida Statutes ; provided, however, that reimbursement shall be in accordance <br /> with the procedure set forth in this Facility Lease Agreement and the Capital Reserve Account <br /> Agreement, and upon submittal and review of supporting documentation. This section 5 shall be <br /> effective as of the date of this Third Amendment. <br /> 6. Contribution to Capital Reserve Account. Section 8 . 02(c) is hereby deleted <br /> and replaced with the following language : "Beginning with the first Renewal Term, the County <br /> shall deposit $250, 000 per Lease Year into the Capital Reserve Account as a means of <br /> supplementing the Capital Reserve Account balance. Out of each $250, 000 deposited into the <br /> Capital Reserve Account, and subject to the remaining terms of the Capital Reserve Account <br /> Agreement and this Facility Lease Agreement (a) there shall be no limit on the amount of such <br /> funds which may be used for any fixed capital expenditure or fixed capital outlay associated with <br /> the construction, reconstruction or improvement of the Facility which has a life expectancy of <br /> Page 2 of 6 <br />