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NOW, THEREFORE, upon the good and valuable consideration set forth in said <br />original Lease, the Lease is hereby Amended and Modified as followed: <br />A. That the real property described in Exhibit "A" attached and incorporated by <br />reference herein, shall be added to the lease and become part of the Leased <br />Premises. The property described in Exhibit "A" shall be known as the Old Jail <br />Site parcel and shall be subject to the original 99 year lease and the <br />amendments thereafter. <br />B. Lessee understands that part of the additional portion of land area included in <br />this Ninth Amendment and Modification is subject to an existing lease agreement <br />between INDIAN RIVER COUNTY and Verizon (successor interest) and this <br />Ninth Amendment and Modification to lease agreement shall in no way adversely <br />affect the CountyNerizon lease agreement Once the CountyNerizon lease <br />expires or is terminated, Lessee shall have full use and enjoyment of the area as <br />part of their original 99 -year lease agreement. <br />C. INDIAN RIVER COUNTY hereby expressly provides its consent to ST. FRANCIS <br />MANOR OF VERO BEACH, FLORIDA, INC. to obtain all necessary <br />development orders, including but not limited to, comprehensive land use <br />changes, zoning changes, conditional use permits, building permits, site plan <br />permits, etc., from all necessary jurisdictional entities. <br />Q. Paragraph E of the Eighth Amendment dated June 4, 2013, is hereby deleted <br />and replaced with the following: The Lessee shall have three (3) years from the <br />date of this Amendment to obtain site plan approval and five (5) years from the <br />date of this Amendment to construct improvements and obtain a certificate of <br />occupancy or certificate of completion for meaningful use consistent with the <br />mission of St. Francis Manor of Vero Beach, Florida, Inc. Such improvements on <br />the Old Jail Parcel required to be constructed to comply with this provision shall <br />include but is not limited to any of the following: residential buildings, storm water <br />retention areas, parking improvements. St Francis Manor will develop new <br />residential units in phases, which means that the Old Jail Parcel may see initial <br />infrastructure improvements in support of new residential units elsewhere on the <br />St Francis Manor campus. These initial infrastructure improvements shall satisfy <br />the time requirements listed in this Paragraph. <br />E. This Ninth Amendment and Modification is subject to all of the terms and <br />conditions of the original Lease executed on August 8, 1973, and the eight <br />previous amendments approved and ratified by the parties, except as amended <br />by this agreement, so that the same shall constitute one Lease. <br />