HomeMy WebLinkAbout2022-143DocuSign Envelope ID: 98FBACEB-21 A6-4B54-8DC9-ACD7A172F852
THIS THIRD AMENDMENT TO LEASE (this "Amendment") is made to be effective _ August 16 2022
(the "Effective Date"), by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS,
("Landlord"). having a notice address 1801 271h Street, Vero Beach, FL 32960 Attn: Public Works Director:
and BEAUTY SYSTEMS GROUP LLC, a Virginia limited liability company ("Tenant"), having a notice
address at 3001 Colorado Blvd., Denton, Texas 76210, Attn: Real Estate, Store No. 10398.
WITNESSETH:
WHEREAS, Landlord's predecessor and Tenant entered into that certain Lease, dated April 1,
2014 with all subsequent amendments and extensions thereto, collectively hereinafter referred to as the
"Lease", and whereby Landlord and Tenant are the current parties to the Lease for that certain retail
premises consisting of 1,600 leasable square feet more particularly described in the Lease ("Premises")
such Premises being part of Shopping Center located on real property more particularly described in the
Lease, in the City of Sebastian and State of Florida; and
WHEREAS, the Lease Term shall expire on November 30, 2022; and
WHEREAS, Landlord and Tenant now desire to extend the term of the Lease and document other
mutually agreed upon modifications, all as more fully set forth below;
NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good
and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the parties agree
as follows:
LEASE MODIFICATIONS
A Lease Term. The term of the Lease is hereby extended for a period of Two (2) years
such that the term shall now expire on November 30, 2024 (the period from December 1,
2022, through November 30, 2024, herein the ("Extension Period„). Notwithstanding
anything to the contrary contained in the Lease, the Minimum Annual Rent during the
Extension Period shall be $1,933.33 per month.
B. No Option. The parties hereto acknowledge and agree that Tenant shall have no further
right or option to renew or otherwise extend the Lease upon the expiration of the Extension
Period. At the end of the Extension Period. the Lease shall terminate and Tenant shall
return possession of the Premises to Landlord in accordance with the
terms of the Lease.
C. Designated Parking Space. During the Extension Period and any extension thereof,
Tenant shall have the right to use, at no additional cost to Tenant, a dedicated curbside
parking space outside Tenant's entrance north of the existing Handicap parking and
Tenant shall have the right to identify such parking space accordingly.
D. Gross Sales Reporting. Notwithstanding anything to contrary contained in the Lease, as
of the Effective Date, Tenant shall not be required to provide Gross Sales reports to
Landlord.
MISCELLANEOUS
Notwithstanding anything to the contrary contained in the Lease, Landlord hereby waives any
lien, statutory or otherwise, that Landlord may have on Tenant's fixtures and personal
property.
All capitalized terms not defined herein shall have the same meaning as set forth in the Lease.
Doc6&gn Envelope ID: 98FBACEB-21AB-4B54-8DC9-ACD7A172F852
3. All the other terms and conditions of the Lease not specifically modified by this Amendment
shall remain in full force and effect.
4. Landlord warrants and represents that it is the owner of the Shopping Center and the
Premises and has the right, power and authority to execute this Amendment.
5. This Amendment shall be binding upon, and shall inure to the benefit of, the parties hereto
and their respective heirs, executors, administrators, successors and assigns.
6. The captions, section numbers and paragraph numbers appearing in this Amendment are
inserted only as a matter of convenience and in no way define, amplify, limit, construe, or
describe the scope or intent of any section of this Amendment.
7. This Amendment and the Lease contain the entire agreement between Landlord and Tenant,
and supersede any prior agreements with respect thereto. Except for the warranties,
representations, contingencies, conditions and/or agreements set forth in this Amendment
and the Lease, no warranties, representations, contingencies, conditions, and/or agreements
have been made by Landlord or Tenant, one to the other or between them.
8. This Amendment shall only be binding on the parties upon each party's receipt of a fully
executed copy of this Amendment. This Amendment may be executed in multiple
counterparts each of which when taken together shall constitute a binding agreement. This
Amendment may be executed and delivered by electronic copy or via facsimile, which such
electronic copy or facsimile signatures and delivery shall be valid and binding the same as if
original documents were delivered.
LANDLORD AND TENANT DO HEREBY RATIFY AND AFFIRM THE SAID TERMS AND COVENANTS
OF SAID LEASE AS AMENDED HEREIN. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF
THE LEASE AND THE TERMS OF THIS AMENDMENT, THE TERMS, PROVISIONS AND CONDITIONS
OF THIS AMENDMENT SHALL PREVAIL AND CONTROL.
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DocuSign Envelope ID: 98FBACEB-21AB-4B54-8DC9-ACD7A172F852
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective on
the Effective Date first set forth above.
LANDLORD: `,y�Oti� ..sSio^�F
BOARD OF COUNTY COMMISSI00 RS�
INDIAN RIVER COUNTY, FLORI[�� P<<
X` :improved as to form and legal sufficiency
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BY: ✓ERCO����
Peter D. O'Bryan, Chairman �.. William K. DeBraal
BCCApproved: August 16, 2022 Deputy County Attorney
Approved:
Attest: Jeffrey R. Smith, ClerkofCourtand
Comptroller By
Jason E. E
Deputy Clerk
TENANT:
SALLY BEAUTY SUPPLY LLC,
a Virginia limited liability company
DocuSigned by: ''((
By:
Michael` . Vhh
Vice President of Real Estate