HomeMy WebLinkAbout2012-220 12d f - Imo.
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LEASE AND CONCESSION AGREEMENT RENEWAL ` aD
This Lease and Concession Agreement Renewal (" Renewal ") is entered into this
11th day of December , 2012 ( Renewal Date) by and between Indian River County , a
political subdivision of the State of Florida , whose address is 1801 27th Street , Vero
Beach , Florida 32960 (" County") and Julie Anderson having a business address of 1801
27th Street , Vero Beach , Florida 32960 ("Tenant") .
Background Recitals :
A . The County issued a request for proposals in April 2007 for Food and Beverage
Concession Services at the County Administration Building .
Be Effective August 1 , 2007 , the County and Capcan , Inc . entered into a Lease and
Concession Agreement ( Lease ) providing for initial term of five years and
providing for a maximum of 7 successive terms of one year each .
C . On August 19 , 2008 , the Board of County Commissioners approved the transfer
of the Lease and Concession Agreement to Betty M . Nobles ,
D . On July 7 , 2009 , the Board of County Commissioners granted Ms . Nobles a
three-month period of rent relief due to the down turn in the economy .
E . On October 29 , 2009 , the Board of County Commissioners extended the period
of rent relief from October 1 , 2009 , to September 30 , 2010 , due to the reduction
in staff at the County Administration Building which are Tenant' s main customers .
F . On March 16 , 2010 , the Board of County Commissioners approved the transfer
of the lease to Julie and Harvey Anderson .
G . Tenant Harvey Anderson has not been involved in the operations of the food and
beverage service since the inception of the Lease and Concession Agreement .
H . Tenant Harvey Anderson has provided written consent to be removed and
released from the Renewal .
I . The Board has continued to abate rental payments provided for in the August 1 ,
2007 , Lease and Concession Agreement after a review of Tenant' s annual
financial operations dated September 30 , 2010 , and September 30 , 2011 .
J . Tenant continues to supply a valuable service to County employees , visitors and
those doing business with the County by providing food and beverages Monday
through Friday from 7 : 00 A . M . to 3 : 00 P . M .
K . A review of Tenant' s financial operations shows no appreciable change over the
last 12 months .
NOW THEREFORE , for good and valuable consideration , the receipt and sufficiency
of which is hereby acknowledged , the County and Julie Anderson agree as follows :
1 . The Background Recitals as stated above are true and correct and incorporated
herein .
2 . The Lease and Concession Agreement dated August 1 , 2007 , transferred to
Tenant on March 16 , 2010 , is hereby extended. from August 1 , 2012 , through
July 30 , 2013 .
3 . The parties agree that it is no longer necessary for Harvey Anderson to be
named as a tenant to the Renewal .
4 . For that reason , Harvey Anderson is hereby removed and released from the
Renewal .
5 . The County will continue its rent relief to Tenant subject to review of financial
operations on or about July 30 , 2013 .
6 . Other than as specifically amended above , the Lease and Concession
Agreement dated August 1 , 2007 , remains unchanged and in full force and
effect .
IN WITNESS WHEREOF , this Lease and Concession Agreement Renewal is
executed by the authorized representatives of the parties , as of the day and year first
above written .
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BOARD OF COUNTY COMMI0
JULIE ANDERSON INDIAN RIVER COUNTY , FLA
BY : 62
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J eph E . Flescher , Cha1rn
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Approved by the BCC : 12-11-12
WITNESS : ./ & ICaV3 ATTEST : Jeffrey K . Smith , Cler of Court
Print name : and Comptroller
WITNESS :
Print name eputy Clerk of Court
pr
seph4. air , County Administrator
Approved as to form
and legal sufficiency :
William K . DeBraal , Deputy County Attorney