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THIRD MODIFICATION TO LEASE AGREEMENT8
BETWEEN a
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 .
WHEREAS , 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 .
WHEREAS , upon the expiration of the Second Modification of the Lease
Agreement , Mark Smith has requested a 6 month extension and Third Modification to
Lease Agreement to further amend Section 7 . 1 to include a sworn corrections officers to
be eligible to fulfill the Tenant ' s obligations under the Lease .
1
THIRD MODIFICATION TO LEASE AGREEMENT South Cty Park - Smith .docx
NOW THEREFORE , on May 10 , 2011 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 October 30 , 2011 to allow Mark Smith additional time to sell the dwelling to
a sworn law enforcement or corrections officer, or vacate the premises .
IN WITNESS WHEREOF , the parties hereto execute this Third Modification of
Lease Agreement this loth day of May , 2011 .
Indian River County TENANT :
Board of County Commissioners
By e/> �c e By
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Bob Solari , ChairmanMark Smith , Deputy
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BCC approved : May 10 , 2011 oQ .•46 •n F:,
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ATTEST : J . K . Barton , Clerk
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Deputy Clerk „ cou *
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Approved :
By
Josep A . Baird
County Administrator
Approved as to form I sufficiency :
By S
Alan S . ckwich , Sr.
County Attorney
THIRD MODIFICATION TO LEASE AGREEMENT South Cty Park Smith .docx