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07/13/2021
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07/13/2021
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Last modified
10/12/2021 10:49:53 AM
Creation date
10/11/2021 1:09:24 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/13/2021
Meeting Body
Board of County Commissioners
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SECOND AMENDMENT TO LEASE <br />THIS SECOND AMENDMENT TO LEASE (this "Amendment") is made to be effective <br />, 2021 (the "Effective Date"), by and between INDIAN RIVER COUNTY <br />BOARD OF COUNTY COMMISSIONERS, ("Landlord"), having a notice address 1801 271h Street, Vero <br />Beach, FL 32960 Attn: Public Works Director; and BEAUTY SYSTEMS GROUP LLC, a Virginia limited <br />liability company ("Tenant'), having a notice address at 3001 Colorado Blvd., Denton, Texas 76210, Attn: <br />Real Estate, Store No. 10398. <br />WITNESSETH: <br />WHEREAS, Landlord's predecessor and Tenant entered into that certain Lease, dated April 1, <br />2014 with all subsequent amendments and extensions thereto, collectively hereinafter referred to as the <br />"Lease"; and <br />WHEREAS, Landlord extended lease with First Amendment to Lease, dated September 10, 2019 <br />WHEREAS, Landlord purchased Sebastian Corners ("Shopping Center") and was assigned the <br />Lease whereby Landlord and Tenant are the current parties to the Lease for that certain retail premises <br />consisting of 1,600 leasable square feet more particularly described in the Lease ("Premises") such <br />Premises being part of Shopping Center located on real property more particularly described in the <br />Lease, in the City of Sebastian and State of Florida; and <br />WHEREAS, the term of the First Amendment .to Lease should expire on September 30, 2021; <br />due to 2020 pandemic Landlord agreed to two month rent abatement extending the Lease thru November <br />30, 2021; and <br />WHEREAS, Landlord and Tenant now desire to extend the term of the Lease and document <br />other mutually agreed upon modifications, all as more fully set forth below; <br />NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good <br />and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the parties agree <br />as follows: <br />LEASE MODIFICATIONS <br />A. Lease Term. The term of the Lease is hereby extended for a period of One (1) year <br />period such that the term shall now expire on November 30, 2022 (the period from <br />December 1, 2021, through November 30, 2022, herein the "Extension Period"). <br />Notwithstanding anything to the contrary contained in the. Lease, the Minimum Annual <br />Rent during the Extension Period shall be $1,666.67 per month. <br />B. No Option. The parties hereto acknowledge and agree that Tenant shall have no further <br />right or option to renew or otherwise extend the Lease upon the expiration of the <br />Extension Period. At the end of the Extension Period, the Lease shall terminate and <br />Tenant shall return possession of the Premises to Landlord in accordance with the <br />terms of the Lease. <br />C. Insurance. Notwithstanding any other provisions contained in the Lease, the Landlord <br />hereby approves of the form and content of the insurance certificates attached to this <br />Amendment as Exhibit A (the "Approved Insurance Certificates") and further agrees <br />that, provided the Tenant maintains at least the insurance coverages set out in the <br />104 <br />
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