HomeMy WebLinkAbout2016-082 DATE:...:21_,A54_12‘21.1._
ITEM NO:
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AMENDMENT TO TERMINATION OF LEASE AGREEMENT
THIS AMENDMENT TO TERMINATION OF LEASE AGREEMENT
("Termination Amendment") is entered into as of the 24th day of May, 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 "Lessor"),
and Indian River Sports Complex, Inc., a Florida non-profit corporation, (the "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 (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, as the Lessee is unable to fulfil its obligations under the Agreement, the
Lessee and Lessor executed a Termination of Lease Agreement, dated February 16, 2016 (the
"Termination"); and
WHEREAS,per the Termination, the Agreement was set to expire on June 1, 2016; and
WHEREAS, Lessor has decided to sell the Property; and
WHEREAS,Lessee acknowledges that the Property will likely be sold in the near future;
and
WHEREAS, the Lessee wishes to operate a youth baseball league on the Property while
Lessor is moving forward with the sale of the Property; and
WHEREAS, Lessor and Lessee have agreed that the it would be advantageous to amend
the Termination to allow the Lessee to operate a youth baseball league until the Lessor approves
the sale of the Property;
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.
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2. Amendment to Termination of Lease Agreement. The Agreement for the use of the
Property shall terminate upon Lessor approval of the sale of the Property or November 30,
2016, whichever occurs first.
3. Maintenance. Lessor shall continue to 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 Agreement is terminated.
4. All other provisions of the Termination and Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Lessor and Lessee have executed this instrument this _day of
May, 2016.
INDIAN RIVER COUNTY, FLORIDA .er .e..q
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By: /J,��-e �p € -r. .
Bob Solari, Chairman
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Board of County Commissioners �'� , r' + :.obi
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Date Approved: May 24, 2016
ATTEST: Jeffrey R. Smith
Clerk of the Cou and Comptroller
By: 14_,.is /,, V, C -
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Indian River Sports Complex, Inc.
By: Derek Muller
Its President
APPROVED AS TO FO
an Reingold, Esq.
County Attorney
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