HomeMy WebLinkAbout2009-161 61gloq
LEASE EXTENSION : 001 _
This Agreement for Lease Extension ("Amendment") entered into on the 9th day of June ,
2009, by Indian River County, a political subdivision of the State of Florida, 1801-2 Street, Vero
Beach, FL 32960 ("County"), and David Robert Geary, a single man, ("Tenant") whose address is
516566 1h Avenue, Vero Beach, FL 32967 .
WITNESSETH :
The County contracted to purchase Tenant' s property on August 22 , 2006 . The property
consists of a two acre lot and a single family home where Tenant resides ; and
WHEREAS , the purchase of the property was in lieu of eminent domain, as the County is
planning widening and improvements to 66th Avenue ; and
WHEREAS , as part of the consideration for purchase of the property, the County agreed to
lease-back the property to Tenant. The current lease expires on June 30, 2009 ; and
WHEREAS , the Tenant has requested an extension to the lease and the County is not
planning to begin road construction of the 66th Avenue project within the next twelve months ; and
WHEREAS , the County has no objection to extending its lease with Tenant, with lease
extension to expire no later than twelve months prior to commencement of any phase of
construction of 66`h Avenue, including utility relocation, drainage construction or roadway
construction .
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 . The first and second paragraph of that certain Lease dated August 22 , 2006 is hereby
amended to terminate twelve months prior to commencement of any phase of
construction of 66`" Avenue project.
3 . Except as amended herein, the terms and conditions of the Lease shall remain in full
force and effect. To the extent of any conflict between the terms of this Amendment and
the terms of the Lease, the terms of this Amendment shall control .
THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
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IN WITNESS WHEREOF , this Lease Extension is executed by the authorized representatives of
the parties, as of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
DAVID ROBERT GEARY INDIAN RIVER COUNTY, FLORIDA
a single man
BY
Wesley S . Davis, hairman
Board of County Commissioners
Approved by the BCC : June 7 , 2009
WITM S ATTEST : J . K. Barton, Clerk bf Court
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WITNESS : j BY :
Deputy Clerk of Court
oseph A Baird, County Adi inistrator
Approved as to form and legal fficiency
F YLOZ& '"�/
William K. DeBrdal
Deputy County Attorney
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