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HomeMy WebLinkAbout2006-158RESOLUTION NO. 2006- 158 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE LEASE EXTENSIONS ON HOUSES ACQUIRED FOR COUNTY ROAD PROJECTS AND LEASED BACK TO SELLERS. WHEREAS, the Indian River County Board of County Commissioners (County) purchases residential properties in advance of road widening projects and then enters into Lease agreements with the former owners in order to allow them time to relocate; and WHEREAS, these Leases generally run for one or two years; and WHEREAS, sometimes it is necessary for the Leases to be extended, and the Lease Extension would be in substantially the form attached hereto as Exhibit "A" and incorporated by referenceAerein; and WHEREAS, in some cases the road projects are not yet started and the sellers need more time to vacate their houses, it is in the best interest of the County to be able to provide this service to the sellers and not to have empty houses; and WHEREAS, Section 101.05.1.q. of The Code of Indian River County, Florida, allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY that the Board hereby directs and authorizes the County Administrator, or his designee, to execute the Lease Extensions on its behalf, provided that the Lease Extension is in substantially the form attached as Exhibit "A" and contain the signatures of the County Attorney, or an Assistant County Attorney, and the Public Works Director, County Engineer, or Capital Projects Manager. The resolution was moved for adoption by Commissioner Bowden , and the motion was seconded by Commissioner Davi s , and, upon being put to a vote, the vote was as follows: Chairman Arthur R. Neuberger Vice Chairman Gary C. Wheeler Commissioner Wesley S. Davis Commissioner Thomas S. Lowther Commissioner Sandra L. Bowden Aye Absent Ay e Ay e Aye The Chairman thereupon declared the resolution duly passed and adopted this 10th day of October , 2006. Attest: J. K. Barton, Clerk By ..-o- Zs-o....-� Deputy Clerk Attachment: Exhibit "A" Approv By INDIAN RIVER COUNTY BOARD=OF COUNTY OMMISSIONERS B as to for and Arthur R'Ne er, Chair illiam K. DeBraal, Asst. County Attorney EXHIBIT "A" FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE ("Amendment") by and between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida ("Landlord"), and ("Tenant"), dated The second sentence of the second paragraph of the Lease which states: "Tenant must vacate the premises on or before the day of 2006." Is amended to read as follows: The Lease expiration date shall be extended for months from the date that the Tenant was to vacate the premises, as shown on the signed Lease attached hereto as Exhibit "A." Except as amended by this Amendment, the terms of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment is executed by the duly authorized representatives of the parties as of the day and year first written above. INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By Joseph A. Baird, County Administrator Approved as to form and legal sufficiency: TENANT By Signed in the presence of: By Witness County Attorney Witness Approved - Public Works/Engineering By Attachment: Executed Lease