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G. Thereafter, on September 27, 2005, Lessee notified Indian River County, as Lessor, <br />that, due to the complexities involved, Lessee was abandoning the idea of constructing an <br />assisted living . facility on the additional land and now desires to construct additional <br />apartments similar to the existing 98 units of Lessee on the demised premises. <br />H. County as Lessor desires to waive strict enforcement of the termination and reverter <br />provisions contained, in the Third Amendment and Fourth Amendment. <br />County and Lessee desire to amend the Original Lease by this Fifth Amendment to <br />remove any reverter provisions contained in the Third Amendment and Fourth Amendment <br />on the lands added to the leasehold estate by the Third Amendment, such that the <br />additional lands are made a part of the Original Lease until the expiration of the Original <br />Lease on August 7, 2072. <br />NOW, THEREFORE, . for good and valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties <br />to this Fifth Amendment agree as follows: <br />1. The background recitals are true and correct and form a material part of this Fifth <br />Amendment. <br />2. From and after the effective date of this Fifth Amendment, the parties <br />acknowledge and agree that the land depicted on Exhibit "A" attached hereto and <br />incorporated herein in its entirety by this reference constitutes the demised premises and <br />leasehold estate created by the Original Lease; as amended, free and clear of the <br />reversionary provisions found in the Third Amendment and Fourth Amendment. <br />3. All terms and conditions of the Original Lease, as heretofore amended and not <br />otherwise amended by this Fifth Amendment, shall remain in full force and effect. <br />IN WITNESS WHEREOF, County and Lessee have caused this Fifth Amendment to <br />be executed by the respective duly authorized representatives of the parties as of the day <br />and year first written above. <br />Attest: J.K. Barton, Cler <br />By_�E <br />Deputy Clerk <br />Approved: <br />4. OCUA <br />seph A. Baird <br />ounty Administrator <br />INDIAN RIVER COUNTY, FLORIDA <br />Board of County Co - issioners <br />B <br />Arthur R. Neu = - +er, Chair <br />Date Approved by BCC 02-07-06 <br />as to for <br />and legal sufficiency: <br />2 <br />Marian E. Fel , Ass <br />ounty Attorney <br />