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AMENDMENT AND EXTENSION TO LEASE AGREEMENT
THIS AMENDMENT AND EXTENSION TO LEASE AGREEMENT ("Amendment")
by and between Indian River County, Florida, a political subdivision of the State of Florida,
whose address is 1801 27th Street, Vero Beach, Florida ("County" or "Landlord"), and
Senior Resource Association, Inc., a Florida non-profit corporation, whose address is 694
14t" Street, Vero Beach, FL 32960 ("Tenant").
BACKGROUND RECITALS:
WHEREAS, the Parties entered into a Lease Agreement ("Agreement") dated July
17, 2012, for a maintenance facility and administrative offices on County owned land
located at 4385 and 4395 43rd Avenue, Vero Beach, Florida; and
WHEREAS, the term of the Agreement was for five years in order to provide the
Tenant with space to store and maintain its fleet of buses, including related operations and
administration; and
WHEREAS, the Senior Resource Association is the Community Transportation
Coordinator (CTC) and Transit Service Provider for Indian River County and applied for
and received Federal Transit Administration funding in order to construct the maintenance
and administrative facility; and
WHEREAS, the Parties desire to amend the Agreement to include language
required in lease agreements for facilities built with Federal Transit Administration funding;
and
WHEREAS, the Parties desire to extend the term of the lease for an additional two
years;
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the
parties hereby agree as follows:
1. Recitals. The above recitals are true and incorporated as a part of this document
by reference herein.
2. Amendment. The Lease Agreement dated July 17, 2012 is hereby amended to
include the following:
FEDERAL TRANSIT ADMINISTRATION AND FEDERAL INTEREST
(i) The Tenant acknowledges that Landlord is the recipient of Federal grants through the
Federal Transit Administration ("FTA"), which funded, in part, the Premises. The Tenant
further acknowledges that pursuant to FTA grant requirements, the Landlord must
demonstrate and retain satisfactory continuing control over the use of the Premises. The
Tenant agrees that it will not exercise any right permitted under this Lease in a manner
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which compromises or otherwise diminishes Landlord's obligation to retain satisfactory
continuing control over the use of the Premises.
(ii) Satisfactory continuing control is defined as the legal assurance that FTA-funded
property will remain available to be used for its originally authorized purpose throughout its
useful life or until disposition.
(iii) The Tenant acknowledges the Federal interest in the Premises and agrees that it will
take no action which compromises or otherwise diminishes such interest.
(iv) The Tenant acknowledges that the Landlord must comply with all applicable Federal
statutes, regulations, orders, certification and assurances, or other Federal law (collectively
referred to as "Federal laws"), including, but not limited to, those set forth in the current
FTA Master Agreement governing transit projects supported with Federal assistance
awarded through the FTA. The Tenant agrees that it will take no action seeking
compliance with non-Federal laws to the extent such laws conflict with applicable Federal
laws.
3. Extension. The term of the Lease Agreement dated July 17, 2012 is hereby
extended an additional two years, now terminating on May 31, 2019.
4. Existing Terms and Conditions. Other than the above stated Amendment and
Extension, the terms and conditions of the Lease Agreement dated July 17, 2012, shall
remain in full force and effect.
THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment
and Extension to Lease Agreement to be executed by their respective duly authorized
representatives as of the date first set forth above.
SENIOR RESOURCE ASSOCIATION, INC INDIAN RIVER COUNTY, FLORIDA
Board of County Commissioners
--'111110t.•
Karen Deigl, P ='s:en EO of the Bob Solari, Chairman,
Senior Resource Association, Inc. Board of County Commissioners
Date Approved: Date Approved: Aug ist 16, 2016
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Attest: 's '-
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Jeffrey R. Smith, Clerk of the Circuit Court ;*1 %151,
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and Comptroller i : •*;
By: O • >..wtl..
Deputy Clerk
Approved as to form and legal sufficiency:
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William K. De:raal
Deputy County Attorney
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