Prepared by,record and return to:
<br /> Office of the County Attorney
<br /> 1801 27h St.,Vero Beach,FL 32960
<br /> (W Telephone: 772.226.1424
<br /> THIRD AMENDMENT TO FACILITY LEASE AGREEMENT
<br /> THIS THIRD AMENDMENT is entered into as of this 4th day of June, 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 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 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 /> (W 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 Amendmentare 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:
<br /> Page I of 6
<br /> 135
<br />
|