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P1 TM ItOOP S OF
JEFFREY K IMTOIs
FOURTH AMENDMENT AND MODIFICATI b4
OF
NINETY-NINE YEAR LEASE
THIS AGREEMENT made and entered into this 12th day of October,
1999 by and between INDIAN RIVER COUNTY, FLORIDA, a political
subdivision of the State of Florida, by and through its Board of County
Commissioners, hereinafter referred to as the Lessor, and ST. FRANCIS
MANOR OF VERO BEACH, FLORIDA, INC., a Florida nonprofit corporation,
hereinafter referred to as the Lessee;
WITNESSETH:
WHEREAS, on the 8th of August, 1973, the Lessor did execute a Ninety -
Nine Year Lease to the Lessee covering certain lands therein described, which
Lease has been duly recorded in the public records of Indian River County,
Florida in Official Record Book 516, at page 305; and
WHEREAS, an Amendment and Modification was executed on February
6, 1980 and a Second Amendment and Modification was executed on July 27,
1993; and a Third Amendment and Modification was executed on September 19,
1994; and
WHEREAS, the Lessor and the Lessee desire to execute a Fourth
Amendment and Modification to said Lease in the manner hereinafter set forth;
and
WHEREAS, the execution of this Fourth Amendment and Modification has
been duly authorized by Lessor and accepted by the Lessee;
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NOW, THEREFORE, upon the considerations set forth in said original
Lease, said Lease is hereby amended and modified so as to extend the time
provided to construct an assisted living facility on the site covered by the Third
Amendment and Modification to the Ninety -Nine Year Lease for an additional five
(5) years from the date of this Fourth Amendment and Modification. If an
assisted living facility is not constructed on the land described in the Third
Amendment and Modification, said land described in the Third Amendment and
Modification will be subject to revert to the County if an assisted living facility is
not built on that site within five (5) years of the date of this Fourth Amendment
and Modification.
This Fourth Amendment and Modification is subject to all of the terms and
conditions of the original Lease executed on August 8, 1973, and the
amendments executed on February 8, 1980 and July 27, 1993 and September
19, 1994 (except as the term to construct the assisted living facility is expressly
extended herein by this Fourth Modification) including the term of said Lease and
the rentals therein required to be paid as well as all of the other conditions
therein contained.
It is the purpose and intent of this Fourth Amendment and Modification to
include in the terms of said original Lease, Amendment and Modification, and
Second and Third Amendments and Modifications, so that the same shall
constitute one Lease with all the terms and conditions as contained in the
original Lease dated August 8, 1973.
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IN WITNESS WHEREOF, the Lessor and the Lessee have hereunto, by
their respective authorized representatives, set their hands and seals this 12 t h
day of October, 1999.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY f 'rt -e744-7
WILLIAM G. COLLINS II
DEPUTY COUNTY ATTORNEY
LESSOR:
BOARD OF COUNTY COMMISSIONERS
OF INDIA RIVER COUNTY, FLORIDA
In the presence of:
ennet R. acht, Chairman
BCC approved: 10 -12 - 9 9
LESSEE:
ST. FRANCIS MANOR OF VE ACH,
'n0 oda j; FLORIDA, IN
sign: (r Ge.;"
CiAzi
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
. Zorc,reent
The foregoing instrument was acknowledged before me this 12th day of
October, 1999, by KENNETH R. MACHT, Chairman of the BOARD OF
3
6CZ 19d6.6Z I so
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, who is
• personally known to me.
NOTARY PUBLIC
sign:r e /
print: Kimber y E. Mass ng
Commission No.: CC855436
Commission Expiration: July 15, 2003
(SEAL):
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Kimberly E Massung
MYCOMMISSIONICC855436 EXPIRES
3uy 15, 2003
BONDED TIIRU 1ROY FAIN INSURANCE INC
The foregoing instrument was acknowledged before me this ~% day of
October, 1999, by FRANK L. ZORC, President of ST. FRANCIS MANOR OF
VERO BECH, FLORIDA, INC., a Florida nonprofit corporation, on behalf of
the corporation. He is personally known to me -or--has—producect-
•-as-identification
NOTARY PUBLIC
sign:
print: kitineirt
Commission No.: ex. 79.88A5
Commission Expiration: 3 - L - 6 3
4
(SEAL):
/06 Nancy K Massali
4 MY COMMISSION 47 CC793825 DNB
March lir 209"3
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