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2022-134
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2022-134
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Last modified
8/5/2022 12:12:39 PM
Creation date
8/5/2022 11:59:51 AM
Metadata
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Template:
Official Documents
Official Document Type
Second Amendment
Approved Date
07/12/2022
Control Number
2022-134
Agenda Item Number
11.A.
Entity Name
Verotown, LLC
Subject
Second Amendment to the Amended and Restated Facility Lease Agreement
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2. Three Million, Five Hundred Thousand and No/100 Dollars <br />($3,500,000.00) for the project described in Section 8.05(a)(19). <br />(c) Section 8.05(b) of the Agreement is hereby amended by adding the following <br />sentence pertaining to the Second Amendment Work: <br />"The Second Amendment Work, as identified in Sections 8.05(a)(18) and (19) <br />above, shall be eligible for full reimbursement from the County from the Capital <br />Reserve Account up to the amount of Five Hundred Seventy Thousand and No/ 100 <br />Dollars ($570,000.00) for the project described in Section 8.05(a)(18) and up to the <br />amount of Three Million, Five Hundred Thousand and No/100 Dollars <br />($3,500,000.00) for the project described in Section 8.05(a)(19)." <br />(d) Any portion of the Second Amendment Fund Amount not utilized for the project <br />for which it was allocated in accordance with Section 4(b) of this Second Amendment shall <br />be returned to the County. If the cost of the Second Amendment Work exceeds the project <br />amounts allocated in Section 4(b) of this Second Amendment, those excess costs shall be <br />borne by Verotown. <br />(e) Pursuant to Section 8.01 of the Agreement and notwithstanding anything to the <br />contrary contained in the Agreement, the County hereby approves and grants to Verotown <br />the Second Amendment Fund Amount to be used by Verotown to perform the Second <br />Amendment Work in accordance with the terms of this Second Amendment and such <br />amount shall not be subject to any restriction outlined in Section 8.02 of the Agreement. <br />Notwithstanding Section 8.01 of the Agreement, Verotown is not required to obtain <br />County's approval in connection with the Second Amendment Work and Verotown's <br />performance of any work associated therewith (including, without limitation, any plans, <br />drawings, selected materials or design features); provided, however, that Verotown is <br />required to obtain all necessary site plan approvals and building department permits as <br />required by law. The provisions of Section 8.03 shall apply to disbursement of the Second <br />Amendment Fund Amount. <br />5. Executive Building Repair Obligations. Section 8.04(b) of the Agreement is hereby <br />amended by deleting the reference to "Executive Building" therein, it being acknowledged <br />and agreed to by the parties that County shall be relieved of its obligation to replace the <br />roof on the Executive Building. Section 16 of the First Amendment to the Amended and <br />Restated Facility Lease Agreement is hereby deleted in its entirety. Section 11(iii) of the <br />First Amendment to the Amended and Restated Facility Lease Agreement is hereby deleted <br />in its entirety. <br />6. Additional Insurance. Section 17 of the First Amendment to the Amended and Restated <br />Lease Agreement is hereby amended to read as follows: <br />"Until the commencement of construction of the Executive Building project described in <br />Section 8.05(a)(19) or September 1, 2023, whichever occurs sooner, in addition to the <br />obligations set forth in Section 8.04(e) of the Agreement, the County agrees to reimburse <br />Verotown up to One Hundred Thousand and No/ 100 Dollars ($100,000) in documented <br />3 <br />
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