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HomeMy WebLinkAbout2016-086 Amendment to Lease Agreement THIS AMENDMENT TO LEASE AGREEMENT ("Amendment") is entered into as of the 7th day of June, 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, (the "County"), and Gifford Youth Little League, Inc., a Florida non-profit Corporation, whose address is 4640 43rd Court, Vero Beach, FL 32967 (the "League"): Witnesseth That: WHEREAS, the County is the owner of a 39 acre parcel of land commonly known as the Gifford Park, located at 4715 43rd Avenue, Vero Beach, Florida("Premises"); and WHEREAS, on the 17th day of February, 2014, County and League entered into a Lease Agreement concerning the use of the Premises ("Lease Agreement"); and WHEREAS, League has obtained grants to fund improvements to the Premises; and i WHEREAS, County and League desire to amend the Lease Agreement to reflect the improve Iments to the Premises; NOW, THEREFORE, for in consideration of the Premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: Section 1 Incorporation of Recitals: The above recitals are true and correct and are incorporated herein. Section 2. New Section 6.07: A new Section 6.07 is hereby added to the Lease Agreement as follows: 61.07 Improvements. The League shall not make or allow to be made any alterations, additions or improvements (hereinafter "Improvements") without obtaining the prior written approval of the County,which consent shall not be unreasonably withheld, delayed or conditioned. The League shall deliver to the County a copy of the construction plans and specifications for all Improvements, if applicable, which the League proposes to make in or to the Premises. The League agrees that all approved work shall be done in a good and workmanlike manner. The League shall obtain, at the League's expense, all necessary permits and approvals from governmental authorities for the commencement and completion of any such Improvements and shall furnish evidence of such approval to the County prior to the commencement of construction or installation of any such Improvements. All Improvements shall be constructed in accordance with all applicable building codes, laws and regulations. All of League's Improvements shall be deemed to be a part of the Premises, and the League shall be obligated to maintain and repair the same. All Improvements in or to the Premises shall, when made, become the property of the County and shall be surrendered to the County upon the termination of this Agreement, 1 whether by lapse of time or otherwise. The League shall indemnify, hold harmless and dI'efend the County from and against any and all claims, losses, liabilities, costs, damages and expenses (including court costs and attorneys' fees at or before the trial level and in any appellate proceedings) arising out of or relating to any Improvements made by the League in or to the Premises (notwithstanding County's prior written consent thereto). All oIf League's Improvements shall be secured by the League when not being used by either the League or the County. The League and the County shall cooperate to maintain lock combinations or key access to the Improvements at all times under this Agreement. Section 3. Remaining Terms. Except as modified herein, all remaining terms and conditions of the Lease Agreement shall remain in full force and effect. I IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. GIFFORD YOUTH LITTLE LEAGUE, INC. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: By: � ��y�........... . Authorized Repr sen ti Bob Solari, Chairman Board of County Commissioners'Q:' :* ;mac Print Name: t--P-fft Iyaq�e�i� ;•Q= Date Approved: Date Approved: June 7 2016 9'.f' vR.L_ __VN o. Approvedas to form and legal sufficiency: ATTEST: Jeffrey R. Smith 1 _ Clerk of the Court and mptroller BY: BY: Dyla mgold 6eputUUrk County Attorney I i I I 2 i