HomeMy WebLinkAbout2019-204 FOURTH AMENDMENT TO LEASE AGREEMENT
THIS FOURTH AMENDMENT TO LEASE AGREEMENT ("Fourth Amendment") dated
as of December 10 , 2019, between the BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter
called the "Board") whose address is 1801 27th Street, Vero Beach, FL 32960 and GIFFORD
YOUTH ACTIVITY CENTER, INC. n/k/a GIFFORD YOUTH ACHIEVEMENT CENTER, INC., a
Florida not for profit corporation (hereinafter called "Tenant" or "GYAC") whose address is 4875
43rd Avenue, Vero Beach, FL 32967.
BACKGROUND RECITALS
A. On January 6, 1998, the Indian River County Board of County Commissioners as landlord
entered into a lease agreement with the Progressive Civic League of Gifford, Florida, Inc.
as tenant for the Gifford Youth Activities Center.
B. On April 9, 2002, the Board considered a request made by the Gifford Youth Activity
Center, Inc. with the support of the Progressive Civic League to become the tenant of the
Gifford Youth Activity Center pursuant to a new lease.
C. On November 19, 2002, the Board approved a new lease with the Gifford Youth Activity
Center, Inc. as tenant, for a term of forty (40) years at a rate of $1.00 per year.
D. On January 20, 2015, the Board extended the lease with the GYAC, now known as the
Gifford Youth Achievement Center to a 99-year lease, with an ending date of December
31, 2114.
E. On March 6, 2018, the Board approved a Second Amendment to Lease Agreement in
order for plans for GYAC to build an additional structure on the leased premises consisting
of a one story, 13,000 square foot classroom building that could be expanded to add a
second story of 13,000 square feet in the future.
F. On March 7, 2019, the Board approved a Third Amendment to Lease Agreement in order
to add the property needed for the required stormwater treatment.
G. Both parties wish to further amend the Lease Agreement to allow GYAC to serve alcoholic
beverages under certain circumstances.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and intending to be legally bound, the parties agree as follows:
BACKGROUND RECITALS. The Background Recitals are true and correct and form a material
part of this Fourth Amendment.
AMENDMENT. The Lease dated November 19, 2002, shall be amended to add the following
paragraph:
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CONSUMPTION OF ALCOHOLIC BEVERAGES.
Tenant may serve alcoholic beverages up to four times per calendar year on the leased
premises under the following conditions:
A. Tenant shall employ a caterer or similar agent to serve alcoholic beverages who holds
all required state alcoholic beverage licenses;
B. Tenant has made adequate plans, and is ready, willing and able to implement such
plans, for security or police presence;
C. Tenant has obtained liability and any other insurance required by the Indian River
County Risk Manager, and has provided certificates evidencing such insurance, in amounts and
all other respects acceptable to the Indian River County Risk Manager;
D. The service of alcoholic beverages can only occur after 6 PM;
E. The service of alcoholic beverages cannot occur when children are present;
F. Alcoholic beverages cannot be offered for sale;
G. Tenant cannot assign, sublease or transfer the leased premises for the consumption of
alcoholic beverages.
UNCHANGED. Unless amended above, the terms and conditions of the Lease dated
November 18, 2002 shall remain unchanged.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Fourth Amendment
to Lease Agreement the day and year first above written.
GIFFORD YOUTH
ACHIEVE' ENT CE TER; ' C. Witnessed by:
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B _ L, / • signature: i/_ .1 .1_ ) A
Ang- is Perry printed name: LZTh Nis y([ ,
Executive Director
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signature:A�ct ( )1:51
printed name:$ d L. kin'Jhi-
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, - •- . • ..•-. •;!s
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By: AL.� f pate approved by Board: 12/10/19
S -Adams, Chairman y'P-•. " ` =
ATTEST: Jeffrey R. Smith, Clerk of Court
and Comptroller
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By:
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Deputy Clerk
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Approved as to Form and
Legal Sufficiency Approved
114
Dylan Reingold Jason E. :ro
Deputy County Attorney County a dmi strator
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