HomeMy WebLinkAbout2010-062 u^.+ 03 -- OZ - 10
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FIRST MODIFICATION TO LEASE AGREEMENT
BETWEEN
INDIAN RIVER COUNTY AND MARK SMITH
WHEREAS , on January 1 , 2009 Indian River County and Mark Smith
entered into a lease agreement providing for Smith to reside as a tenant within
the South County Regional Park to provide security when the park is closed and
during non -work hours of the County ' s Parks or Recreation employees ; and
WHEREAS , among the responsibilities and duties of the tenant ( lease
provision 7 . 1 ) is to " endeavor to attain and remain in a duty status that is
assigned a marked patrol car , unless such requirement is waived in writing by the
Board of County Commissioners if deemed in the best interests of the County .
and
WHEREAS , Smith is now in reserve status with the Sheriff' s Office and as
such will not be assigned a marked patrol car ; and
WHEREAS , on January 12 , 2010 the Board of County Commissioners
expressed a willingness to do a lease modification to allow Smith some
reasonable time to sell Smith ' s mobile home to a deputy who could satisfy the
" marked patrol car" requirement ; and
WHEREAS , lease provision 10 . 3 " Modification " provides "this lease may
be modified . . . only by a written document authorized and executed by both
parties . . . .
NOW, THEREFORE , the Board of County Commissioners of Indian River
County finds that it is in the best interest of the County to waive the requirement
of lease provision 7 . 1 that the resident tenant be in a duty status that is assigned
a marked patrol car ; and hereby waives the marked patrol car requirement of
lease provision 7 . 1 for the period of six ( 6 ) months ( to September 2 , 2010 ) to
allow Smith to sell the dwelling located on the leased premises to another
qualifying law enforcement officer with arrest authority and the ability to be
assigned a marked patrol car .
IN WITNESS WHEREOF , th parties hereto execute this First
Modification of Lease Agreement this day of March , 2010 .
Indian River County TENANT :
Board of County commissioners
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BY
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Peter&D __ &ea=an Mark mith , D puty
BCC approved : March 2 , 2010
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ATTEST : J . K . Barton , Clerk
By :
Deputy Cl r' <
Approved :
By CCfl
oseph A . Baird
County Administrator
Approved as to form and legal
sufficiency :
William G . Collins II
County Attorney
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