HomeMy WebLinkAbout2016-023TERMINATION OF LEASE AGREEMENT
THIS TERMINATION OF LEASE AGREEMENT ("Termination") is entered into as
of the 16 day of February, 2016 by and between Indian River County, a political subdivision of
the State of Florida, by and through its Board of County Commissioners, whose address is 1801
27th Street, Vero Beach, Florida, hereinafter referred to as Lessor, and Indian River Sports
Complex, Inc., a Florida non-profit corporation, hereinafter referred to as Lessee:
RECITALS
WHEREAS, on August 20, 2013, Lessor executed a Lease Agreement for a ten-year lease
with Lessee for 11.76 acres of land commonly known as the 16th Street Ball Fields, located at the
intersection of 16th Street and 17th Avenue in the City of Vero Beach, Florida; and
WHEREAS, on December 10, 2013, the Lessor and Lessee entered into the First
Amendment and Modification of Lease Agreement in order to include an additional 0.52 acre
parcel, which collectively is referred to as the Property; and
WHEREAS, under the Lease Agreement and the First Amendment and Modification of
Lease Agreement, collectively referred to as the Agreement, Lessee was responsible to perform
various improvements to the Property and maintain the Property; and
WHEREAS, the Lessee is unable to fulfil its obligations under the Agreement;
WHEREAS, the Lessee is scheduled to operate a youth baseball league on the Property
through the middle of May;
WHEREAS, Lessor and Lessee have agreed that the it would be advantageous to terminate
the Agreement, but allow the Lessee to complete the season scheduled to end in the middle of May
and have the County assist with some of the maintenance of the Property so that there will be no
disruption to the season.
NOW THEREFORE, in consideration of the mutual undertakings herein and other good and
valuable consideration, the receipt 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. Termination of Lease Agreement. The Lease Agreement and the First Amendment and
Modification of Lease Agreement for the use of the Property shall terminate on June 1,
2016.
3. Maintenance. Lessor shall mow the grass on the ball fields on the Property two times per
week and mow the grass on the common areas on the Property one time per week until the
Lease Agreement and the First Amendment and Modification of Lease Agreement are
terminated.
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4. All other provisions of the Lease Agreement and the First Amendment and Modification
of Lease Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Lessor and Lessee have executed this instrument this j day of
February, 2016.
INDIAN RIVER COUNTY, FLORIDA
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By: _ CC _
Bob Solari, Chairman o . `� .
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Board of County Commissioners to. 1. : •:
Date Approved: February 16. 2016 ••s'''• .iNDiANSy
ATTEST: Jeffrey R. Smith
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Clerk of the Court and Co • ptroller
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een Gelfo, Deputy ' erk
Indian River Sports Complex, Inc.
By: Derek Muller
Its President
APPROVED AS TO FO
Dylan Reingold, Esq.
County Attorney
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