HomeMy WebLinkAbout2016-073 SECOND AMENDMENT TO LEASE AGREEMENT
This Second Amendment to Lease Agreement ("Second Amendment") entered into this 17th
day of May 2016, by Indian River County, a political subdivision of the State of Florida, 1801 27th
Street, Vero Beach, FL 32960 ("County"), and a resident of Indian River
County, Florida, residing at Vero Beach, FL 32967 ("Tenant").
WITNESSETH:
WHEREAS, the County contracted to lease Tenant use of Gifford Park Security House
located within Gifford Park, a community park owned by the County effective November 20, 2007
("Lease Agreement").
WHEREAS, on December 21, 2010, the parties entered into what was termed a lease
extension and amendment ("First Amendment").
WHEREAS, the parties acknowledge that the Lease Agreement has expired; however, the
parties have continued to fulfill the obligations therein and mutually acknowledge the full force and
effect of the terms and conditions of the Lease Agreement are to be renewed in accordance with
Section 3 of the Lease Agreement.
WHEREAS, Section 3 of the Lease Agreement provides that the lease may be renewed for a
maximum of seven (7) successive terms of two (2) years each for a maximum aggregate of sixteen
(16) years combined Initial Term and Renewal Terms.
WHEREAS, the parties desire to amend the Lease Agreement to extend the term to expire
on December 31, 2018. with three (3) additional two-year renewal periods.
NOW, THEREFORE, in consideration of the mutual terms and promises stated herein, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the County and Tenant agree as follows:
1. The foregoing recitals are incorporated as if fully restated herein.
2. Paragraph 3 of the Lease Agreement: "Renewal Term" shall be amended to read as
follows: The term of this lease shall terminate on December 31, 2018. The term shall be
subject to three (3) two-year renewal terms upon mutual agreement of both parties.
3. Except as amended herein, the terms and conditions of the original Lease Agreement
shall remain in full force and effect. To the extent of any conflict between the terms of
this Second Amendment and the terms of the Lease Agreement or First Amendment, the
terms of this Second Amendment shall control.
THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
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IN WITNESS WHEREOF, this Second Amendment is executed by the authorized representatives
of the parties, as of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
Tenant INDIAN RIVER COUNTY, FLORIDA
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(print name) ' yq; d'v�, ��y the BCC: May 17, 2016
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WITNESS:: ,_i_'% i ATTEST: Jeffrey R. Smith, Clerk of Court
And Comptroller
WITNESS: l_ /, r�- > BY: X // ' <int.1 ,
Deputy Cle k
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J•'seph A. i aird, County Administrator
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
D OReingold
County Attorney
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