HomeMy WebLinkAbout2012-009 � 2 . Z . 1 .
AMENDMENT TO LEASE AGREEMENT
THIS AMENDMENT is entered into as of the 17 th day of January, 2012 , by and
between the Board of County Commissioners of Indian River County , Florida, a political
subdivision of the State of Florida, 1801 27th Street, Vero Beach , Florida 32960 (" Landlord")
and John A . Jackson , Jr . , 6855 66th Avenue, Vero Beach, Florida 32967 ("Tenant") , to that
certain Lease Agreement between Landlord and Tenant, dated March 10 , 2009 ("Lease" ) .
WHEREAS , on March 10 , 2009 , Landlord and Tenant entered into the Lease ; and
WHEREAS , the language in the Lease relating to the term of the Lease is ambiguous ,
such that Landlord believed that the term was for a maximum period of two (2 ) years, and
Tenant believed that the term was for a longer period related to the commencement of a project
to widen and improve 66th Avenue near the leased premises ; and
WHEREAS , believing that the Lease was for a longer term , Tenant performed
improvements to the leased premises totaling $ 14 , 175 and Tenant paid ongoing expenses to
repair and maintain the premises in a reasonable condition ; and
WHEREAS , the parties desire to amend the Lease to set forth clearly the remaining term
of the Lease and other matters set forth herein,
NOW , THEREFORE , in consideration of the mutual undertakings herein and other
good and valuable consideration, the amount 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 . Term . The term of the Lease is hereby amended to an expiration date of March
31 , 2013 ( " Expiration Date") . On such date , the Lease shall expire and be no further force or
effect, unless the parties enter into a new amendment or lease agreement applicable to the period
of time after the Expiration Date .
3 . Rent . The rent due for the remainder of the Lease term shall be $ 1 per month .
This rent amount is in recognition of the fact that (a) Tenant has performed improvements to the
leased premises totaling $ 14 , 175 , most, if not all of which , will inure to the benefit of Landlord
upon expiration of the Lease , and (b) Tenant has accepted responsibility to repair and maintain
the leased premises under section 5 of the Lease , and has in fact paid ongoing expenses to repair
and maintain the premises in a reasonable condition . Tenant acknowledges and agrees that if the
parties enter into a new amendment or lease agreement applicable to the period of time after the
Expiration Date , the rent amount will be equal to the fair market rental value .
4 . Remaining Terms . All remaining terms and conditions of the Lease not
amended herein shall remain in full force and effect .
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IN WITNESS WHEREOF , the parties hereto have executed this Amendment to Lease
Agreement as of the date first written above .
ATTEST : Jeffrey K . Barton , BOARD OF COUNTY COMMISSIONERS ,
Clerk of INDIAN RIVER COUNTY ("Landlord " )
Le
By Courts� /Y
By : C C�
Deput Jerk MISSIp Gar Wheeler , Chairman
GpM• , . . . . . . NFRs
; tea: .: proved by BCC • January 17 , 2012
roved as to form and legal sufficiency :
's
�puN:•° Alan S . Polac wich , Sr . , County Attorney
Approved .
J eph A . gird , County Administrator
Signed , sealed and delivered in presence of:
Print name :
Print name : N A . JACI O , JR. ("Tenant" "