HomeMy WebLinkAbout2010-280 1 1 ' Oma ' I V
SECOND 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 Mark 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 . . . . " .
WHEREAS , on March 2 , 2010 , the Board of County Commissioners of Indian
River County waived the requirement of lease provision 7 . 1 that the resident tenant be
in a duty status that is assigned a marked patrol car ; and waived the marked patrol car
requirement of lease provision 7 . 1 for period of six ( 6 ) months ending September 2 ,
2010 in order to allow Mark Smith time to sell his dwelling located on the leased
premises .
NOW , THEREFORE , on October 12 , 2010 , the Board of County Commissioners
of Indian River County found that it is in the best interest of the County to extend the
lease to expire on April 30 , 2011 to allow Mark Smith time to sell the dwelling or vacate
premises .
IN WITNESS WHEREOF , the parties hereto execute this Second Modification of
Lease Agreement this 2nd day of November ; 2010
Indian River County TENANT :
Board of County Commissioners
•° .0��11SSIp�FR . ,
y °° '••:1 °oBy
Peter D . O ' Bryan , Cha VAGOMark Smith , Deputy
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BCC approved : November OR , `°2010
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SECOND MODIFICATION TO LEASE ACRE- FMLNT South Cty Park - Smith . docx
ATTEST : J . K . Barton , Clerk
By : d
Deputy Clerk
Approved :
By
�z Jo ph A . Baird
County Administrator
Approved as to form and le al sufficiency :
By
Alan S . Polackwic , Sr .
County Attorney
2
SECOND MODIFICATION TO LEASE_ AGREEMENT South Cty Park - Smith .docx