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HomeMy WebLinkAbout2013-122 �D �3 • { � LEASE AND CONCESSION AGREEMENT RENEWAL This Lease And Concession Agreement Renewal (" Renewal") is entered into this 2nd day of July , 2013 ( 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 . B . Effective August 1 , 2007 the County and Capcan , Inc . entered into a Lease and Concession Agreement ( Lease) providing for initial term of 5 years and providing for a maximum of 7 successive terms of 1 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 . On December 11 , 2012 , the Board of County Commissioners approved the < , removal of Harvey Anderson from the Lease, and approved extending the Lease from August 1 , 2012 to July 30 , 2013 . ' 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 , 2011 and September 30 , 2012 . I . 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 AM to 3 : 00 PM . J . ' 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 , 2013 through July 30 , 2014 , and shall automatically renew for three (3) one ( 1 ) year terms thereafter, each on the same terms and conditions , unless one party notifies the other 60 days in advance of the expiration of the existing term . 3 . The County will continue its rent relief to Tenant subject to review of financial operations on or about July 30 , 2014 . 4 . 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 . BOARD OF COUNTY COMMISSIONERS JULIE ANDERSON INDIAN RIVER COUNTY , FLORIDq,,a„ .• n ., .. .. ,; , �•..•�0ISSI0NF JL BY@ OIL Adad *seph E .T lescher, C ' i4c : Q = a ,:oma Approved by the BCC : •,••.gNRll%EFt G�� pp o •bbbbbb pYeMp WITNESS : ATTEST : Jeffrey K . Smith , Clerk of Court Print name : and Comptroller WITNESS : �h1 � BY Print name Deputy Clerk of Court App d% Joseph . B ird , oun Administrator Ap ro as to f a I s i i r ency : -ti William K. DeErraal , Deputy County Attorney