HomeMy WebLinkAbout2014-008Prepared by, record and return to:
Office of the County Attorney
1801 27th St., Vero Beach, FL 32960
Telephone: 772.226 1424
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FOURTH AMENDMENT TO FACILITY LEASE AGREEMENT
THIS FOURTH AMENDMENT is entered into as of this _day of January , 2014,
by and between Indian River County, a political subdivision of the State of Florida ( `County")
and Verotown, LLC, a Delaware limited liability company authonzed to do business m the State
of Florida ("Verotown").
WHEREAS, on or about May 1, 2009, the County and MiLB Vero Beach, LLC, a
Florida limited liability company ("MiLB"), entered into the Facility Lease Agreement in which
the County leased the Facility to MiLB, and granted to MiLB certain management nghts with
respect to the Facility, for a term of five years ending April 1, 2014 ("Original Lease '); and
WHEREAS, on or about June 1, 2011, the County and MiLB entered into the First
Amendment to Facility Lease Agreement ("First Amendment"); and
WHEREAS, on or about January 1, 2012, the County, MiLB and Verotown, entered into
the Second Amendment to Facility Lease Agreement, in which, among other things, the rights
and obligations of MiLB under the Original Lease and the First Amendment were assigned to
Verotown ("Second Amendment"); and
WHEREAS, on or about July 16, 2013, the County and Verotown ("the Parties") entered
into the Third Amendment to Facility Lease Agreement, ("Third Amendment") in which, among
other things, Verotown exercised its right to renew the lease for an additional five years, and the
County agreed to pay for or reimburse Verotown for the actual costs of renovating 67 hotel
rooms in an amount not to exceed $600,000; and
WHEREAS, In compliance with the Third Amendment, the County publically bid the
room renovations and the lowest, most responsive bidder's cost for the job (including County
purchased items to save sale tax) was approximately $634,000 or $34 000 over the allotted
amount; and
WHEREAS, the County has agreed to increase its payment from $600,000 to $634,000
to renovate the hotel homes in order to comply with the terms of the third Amendment; and
WHEREAS, the Parties wish to amend Section 5 of the Third Amendment to state that
the County is responsible for renovating 66 hotel rooms in an amount not to exceed $634,000,
and Verotown is amenable to this amendment; and
WHEREAS, the County and Verotown reaffirm their desire to preserve the rich
traditions and history of "Dodgertown and the Facility, and recognize that the benefits to the
local community of continuing baseball, athletic, conference and other activities at the Facility
are unique and diverse, and include, without limitation, increased economic activity and
employment opportunities, increased tourist trade and promotional opportunities, increased
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direct and indirect tax revenues, private sector payment of substantial maintenance and operation
expenses which would otherwise burden local taxpayers, and other such benefits,
NOW THEREFORE, in consideration of the mutual undertakings herein and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Hotel Room Renovations. In Section 5 of the Third Amendment the County
agreed to provide up to $600,000 for the renovation of the remaining 67 hotel rooms. After
review and receipt of the public bids, it is agreed by the Parties that there are 66 remaining hotel
rooms, and that it is not feasible to renovate the remaining rooms for $600,000 or less. Therefore,
Section 5 of the Third Amendment is hereby amended to state that the County shall pay for the
actual costs of the renovations associated with 66 of the remaining hotel rooms in an amount not
to exceed $634,000. All of the other terms and conditions of Section 5 of the Third Amendment
to Facility Lease Agreement remain in full force and effect.
3. Good Standing - No Violation. The County and Verotown agree that, as of the
date of this Fourth Amendment, the Facility Lease Agreement is in good standing and neither
party is in breach or violation of the terms and conditions of the Facility Lease Agreement.
4. Conforming Terms. All remaining terms and conditions of the Facility Lease
Agreement are hereby conformed to be consistent with the amendments set forth herein.
5. Remaining Terms. All remaining terms and conditions of the Facility Lease
Agreement not amended or conformed herein shall remain in full force and effect.
6. Recordation. A copy of this Fourth Amendment shall be recorded on the Public
Records of Indian River County, Florida.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
their respective names as of the date set forth above.
ATTEST: Jeffrey R. Smith,
Clerk of C.%rt and Comptrol
Deputy Clerk
AFFIX SEAL
Approved:
By:
BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY
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By: �► �� •'ss.
Peter O'Bryan, Chairman t 6e" . - . 4•:: ri;
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Approved by BCC: January 21, 20% ; ..E.".0 • a
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Approved as to form and legal sufficiency:
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seph 4. Baird, Administrator P ylan Reingold County Attorney
Signed and delivered in the presence of:
Pr nt name:
Print name.
VEROTOWN, LLC, a Delaware limited
liability company (`Verotown") by POM
Vtown, LLC a California limited liability
corporation, its Manager
BY I
Print .Name\`Peter O'Malley
Print Title: Manager
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STATE OF CALIFORNIA
) ss:
COUNTY OF LOS ANGELES )
On March 10 , 2014, before me, &m&c� Na personally
appeared Peter 0 Malley who proved to me on the basis of sate actory evidence to be the
person(s) whose names) isSe subscribed to the within instrument and acknowledged to me that
he/may executed the same in his4Stheir authorized capacity(ies) and that by hisActefitheir
signatureEs) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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jr _ tAl Comm. ;NIS_ Oec i. 2016 C
ERIN KELSEY NALL
Commission.* 1999622
Notary Public - California
Los Angeles County
Signature
(*a(Seal)
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