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
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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,
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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.
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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:' :*
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Print Name: t--P-fft Iyaq�e�i� ;•Q=
Date Approved: Date Approved: June 7 2016 9'.f'
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Approvedas to form and legal sufficiency: ATTEST: Jeffrey R. Smith
1 _ Clerk of the Court and mptroller
BY: BY:
Dyla mgold 6eputUUrk
County Attorney
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