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AGENDA COPY
<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 /> FOURTH AMENDMENT TO FACILITY LEASE AGREEMENT
<br /> THIS FOURTH AMENDMENT is entered into as of this _day of November, 2013,
<br /> by and between Indian River County, a political subdivision of the State of Florida ("County")
<br /> and Verotown, LLC, a Delaware limited liability company authorized to do business in the State
<br /> of 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, In compliance with the Third Amendment, the County publically bid the
<br /> room renovations and the lowest, most responsive bidder cost for the job (including County
<br /> purchased items to save sale tax) was approximately $634,000 or $34,000 over the allotted
<br /> amount; and
<br /> WHEREAS, the Parties have agreed to reduce the number of rooms to be renovated from
<br /> 67 to 61 in order to comply with the terms of the Third Amendment; and
<br /> WHEREAS, the ("the Parties") wishes to amend Section 5 of the Third Amendment to
<br /> state that the County is responsible for renovating 61 hotel rooms in an amount not to exceed
<br /> $600,000, and Verotown is amenable to this amendment; 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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