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HomeMy WebLinkAbout2016-098 LEASE AND CONCESSION AGREEMENT RENEWAL This Lease and Concession Agreement Renewal ("Renewal") is entered into this 5th day of July, 2016 (Renewal Date) by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 ("County") and Julie Anderson having a business address of 1801 27th Street, Vero Beach, Florida 32960 ("Tenant"). Background Recitals: A. The County issued a request for proposals in April 2007 for Food and Beverage Concession Services at the County Administration Building. B. Effective August 1, 2007 the County and Capcan, Inc. entered into a Lease and Concession Agreement (Lease) providing for initial term of 5 years and providing for a maximum of 7 successive terms of 1 year each. C. On August 19, 2008, the Board of County Commissioners approved the transfer of the Lease and Concession Agreement to Betty M. Nobles. D. On July 7, 2009 the Board of County Commissioners granted Ms. Nobles a three I onth period of rent relief due to the down turn in the economy. E. On October 29, 2009, the Board of County Commissioners extended the period of rent relief from October 1, 2009 to September 30, 2010, due to the reduction in staff at the County Administration Building which are Tenant's main customers. F. On March 16, 2010, the Board of County Commissioners approved the transfer of the Lease to Julie and Harvey Anderson. G. On December 11, 2012, the Board of County Commissioners approved the removal of Harvey Anderson from the Lease, and approved extending the Lease _ from August 1, 2012 to July 30, 2013. H. On July 2, 2013, the Board of County Commissioners approved extending the existing lease from August 1, 2013 through July 30, 2014, with automatic renewal for three (3) one (1) year terms, each on the same terms and conditions. I. The Board has continued to abate rental payments provided for in the August 1, 2007 Lease and Concession Agreement after a review of Tenant's annual financial operations dated September 30, 2011 and September 30, 2012. J. Tenant continues to supply a valuable service to County employees, visitors and those doing business with the County by providing food and beverages Monday through Friday from 7:00 AM to 3:00 PM. K. A review of Tenant's financial operations shows no appreciable change over the last 12 months. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and Julie Anderson agree as follows: 1. The Background Recitals as stated above are true and correct and incorporated herein. 2. The Lease and Concession Agreement dated August 1, 2007 transferred to Tenant on March 16, 2010 is hereby extended from August 1, 2016 through July 30, 2017, and shall automatically renew for three (3) one, (1) year terms thereafter, each on the same terms and conditions, unless one party notifies the other 60 days in advance of the expiration of the existing term. 3. The County will continue its rent relief to Tenant subject to review of financial operations on or about July 30, 2017. 4. Other than as specifically amended above, the Lease and Concession Agreement dated August 1, 2007 remains unchanged and in full force and effect. IN WITNESS WHEREOF, this Lease and Concession Agreement Renewal is executed by the authorized representatives of the parties, as of the day and year first above written. i i BOARD OF COUNTY COMMISSIONERS ULIE ANDERSON INDIAN RIVER COUNTY, FLORIDA BY: r �Givc.c_ .oJN OA1ry S~ i �. ..Z., Bob Solari, Chairman *3 Approved by the BCC: July 5, 2016 COUNT; o WITNESS: ATTEST: Jeffrey R. Smith, Clerk of Court Print name: and Comptroller WITNESS: BY: o . 0J,01— Printname STAG-%&- rnRs ooJ Deputy Clerk of Court Approved: i Jaso town, County Administrator Approved as to form and le I sufficiency: William K. De raal,'-Deputy County Attorney i