HomeMy WebLinkAbout2022-253FOURTH MODIFICATION TO LEASE
This Fourth Modification to Lease ("Fourth Modification") is executed this 13th of
December, 2022 (the "Effective Date"), by and between the Board of County Commissioners of
Indian River County, Florida ("Lessor") and Environmental Learning Center, Inc. ("Lessee").
WHEREAS, Lessor and the Pelican Island Audubon Society, Inc. entered into a lease dated,
March 6, 1987, for a portion of Wabasso Island for the development of an environmental learning
center (the "Lease"); and
WHEREAS, that Lease was assigned to the Environmental Learning Center, Inc.; and
WHEREAS, on July 2, 1991, the Lease was modified in order to include language
concerning the public access to the environmental learning center; and
WHEREAS, the Lease was modified again on February 7, 2006, in order to add lands to
the Lease; and
WHEREAS, the Lease was modified for a third time ("Third Modification") on May 21,
2021, to have Lessor on behalf of Lessee as owner of the property, to act as the applicant for the
application to Florida Inland Navigational District ("FIND") for the replacement of the 30 year old
public dock with a new public environmental education dock in the same location and footprint
(the "Dock Project"); and
WHEREAS, as part of the Third Modification, Lessee provided the necessary monetary
match, up to $100,000, for the Dock Project; and
WHEREAS, the cost to perform the Dock Project exceeded the initial cost estimate; and
WHEREAS, the Lessor and Lessee wish to modify the Lease again in order to pursue an
additional FIND grant of up to $50,000 to cover the additional expense of the Dock Project,
NOW THEREFORE, in consideration of the mutual undertakings herein and other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the
parties agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Additional FIND Application. Lessor agrees to be the applicant for an additional $50,000
FIND grant application for the Dock Project, above and beyond the FIND grant application
described in the Third Modification. If the additional FIND grant is not approved or is
approved, but insufficient for the Dock Project, the Parties will be released from their
responsibilities under the Third Modification and this Fourth Modification.
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3. Funding. Within 10 days of the Lessor's acceptance of the additional $50,000 FIND grant,
Lessee shall pay Lessor $100,000, which will be used as an additional match for the Dock
Project. Once the Dock Project is completed, Lessor will seek reimbursement from FIND
for Lessor's contribution of the project. If final amount of the Dock Project is greater than
$300,000, Lessee shall pay difference to Lessor within 30 days of notice of the final
amount of the Dock Project. If final amount of project is less than $300,000, Lessor will
reimburse Lessee any remaining amount of funds left after Lessor has been reimbursed
in full. Lessor retains the right to cancel the Dock Project due to cost increases that occur
during the construction of the Dock Project, in the event Lessee does not pay for such
cost increases, and Lessee shall be responsible for funding any costs incurred by
Lessor.
4. All other provisions of the Lease and the prior modifications shall remain in full force and
effect.
IN WITNESS WHEREOF, Lessor and Lessee have executed this instrument this 13 day of
December, 2022. �our�rl C•
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LESSOR
INDIAN RIVER COUNTY, FLORI .
Joseph H. Earman, Chairman
Board of County Commissioners
Attest: Jeffrey R. Smith, Clerk of Circuit Court
and Comptroller
Deputy Clerk
Approved as to Form and Legal Sufficiency
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Approved by BCC December 13, 2022
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me, by means of ® physical
presence or ❑ online notarization, this 13th day of December, 2022 by Joseph H. Earman,
Chairman of the Board of County Commissioners of Indian River County, a political subdivision
of the State of Florida, who executed on behalf of and with the authority of said Board, and who
is IN personally known or ❑ produced identification in the form of
NOTARIAL SEAL:
,c: ►1i KIMBERLY K. MOIRANO
MY COMMISSION # GG 321698
EXPIRES: April 9, 2023
%.toF pP� B"KW Tbru Notary Public tfnderwriters
Signed in the presence of the
following witn sses:
sign:
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print name: L ! N)�-/f ; e-A)rz iA)
sign:
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print name: S A,,L&
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
NOTARY PUBLIC
printed name: iKimberly K. Moirano
Commission No.: GG321696
Commission expiration: April 9, 2023
LESSEE
ENVIRONMENTAL LEARNING CENTER, INC.
By: AS
Barbara Ford
Chief Executive Officer
The foregoing instrument was acknowledged before me, by means of C"physical
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presence or El online notarization, this %1 day of December, 2022 by Barbara Ford, Chief
Executive Officer of ENVIRONMENTAL LEARNING CENTER, INC., not-for-profit
corporation, who executed on behalf of the corporation, and who is 6J personally known or ❑
produced identification in the form of
�.�►� •�.� MARCY HARRISON
ANUNQt�ry P blic tate of Florida
i HH 28120
�cr,� Commission Expires 08/04/2024
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NOTARY PUBLIC
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printed na e: 'rte
Commission No.: [ tt4
Commission expiration:/Q�f/moi