|
3
<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 />THIRD AMENDMENT TO FACILITY LEASE AGREEMENT
<br />1
<br />2z )3.O91
<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 signed to Verotown ("Second Amendment"); and
<br />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 Amendment are 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 1 of 6
<br />
|