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3/7/2018 2:34:51 PM
Official Document Type
Agenda Item Number
Gifford Youth Achievement Center
Second Amendment to Lease Agreement
Gifford Youth Activity Center
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SECOND AMENDMENT TO LEASE AGREEMENT <br />THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Second Amendment") dated <br />as of March 6 , 2018, between the BOARD OF COUNTY COMMISSIONERS OF INDIAN <br />RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter called the <br />"Landlord") whose address is 1801 27th Street, Vero Beach, FL 32960 and GIFFORD YOUTH <br />ACTIVITY CENTER, INC. n/k/a GIFFORD YOUTH ACHIEVEMENT CENTER, INC., a Florida <br />not for profit corporation (hereinafter called the "Tenant") whose address is 4875 43rd Avenue, <br />Vero Beach, FL 32967. <br />BACKGROUND RECITALS <br />A. On January 6, 1998, the Indian River County Board of County Commissioners as landlord <br />entered into a lease agreement with the Progressive Civic League of Gifford, Florida, Inc. <br />as tenant for the Gifford Youth Activities Center. <br />B. On April 9, 2002, the Indian River County Board of County Commissioners considered a <br />request made by the Gifford Youth Activity Center, Inc. with the support of the Progressive <br />Civic League to become the tenant of the Gifford Youth Activity Center pursuant to a new <br />lease. <br />C. On November 19, 2002, the Board approved a new lease with the Gifford Youth Activity <br />Center, Inc. as tenant, for a term of forty (40) years at a rate of $1.00 per year. <br />D. On January 20, 2015, the Board extended the lease with the Tenant, now known as the <br />Gifford Youth Achievement Center to a 99 -year lease, with an ending date of December <br />31, 2114. <br />E. Tenant has recently presented plans to Landlord to build an additional structure on the <br />leased premises consisting of a one story, 13,000 square foot classroom building that <br />could be expanded to add a second story of 13,000 square feet in the future. A sketch of <br />the location of the proposed classroom is attached and incorporated herein as Exhibit "A". <br />The original Lease Agreement dated November 19, 2002, however, is silent as to new <br />construction on the leased premises. <br />F. Landlord and Tenant desire to amend the Lease Agreement to add a provision for <br />construction of the classroom building and other improvements in the future. <br />NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which is hereby acknowledged, and intending to be legally bound, the parties agree as follows: <br />BACKGROUND RECITALS. The Background Recitals are true and correct and form a material <br />part of this Lease. <br />The Lease dated November 19, 2002, shall be amended to add the following paragraph: <br />CONSTRUCTION OF IMPROVEMENTS. Tenant, with the prior permission of the Landlord, <br />shall be permitted to construct buildings and other improvements on the leased premises that <br />coincide with the missions and goals of the Gifford Youth Achievement Center. Landlord shall <br />not unreasonable withhold said consent. At the termination of the Lease, the buildings and <br />
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