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HomeMy WebLinkAbout2009-160 c2po � - / p LEASE EXTENSION 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 271 Street, Vero Beach, FL 32960 ("County") , Gina Hower, ("Tenant") whose address is 8865 91st Avenue , Vero Beach, FL 32967 . WITNESSETH : The County contracted to purchase Tenant ' s property on October 24 , 2006 . The property consists of a 0 . 31 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 89th Street, and CR510 , 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 April 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 891h Street, and CR510 project within the next 12 months ; and WHEREAS , the County has no objection to extending its lease with Tenant, with the lease extension to expire no later than twelve months prior to the commencement of any phase of construction of 891h Street and CR510 project, 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 October 24 , 2006 is hereby amended to terminate twelve months prior to commencement of any phase of construction of 891h Street and CR510 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 1 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 Gina Hower INDIAN AIVER COUNTY, FLORIDA Date Wesley S . Davis; Chairman Approved by the BCC : June 9 , 2009 WITNES ATTEST : J . K . Barton, Clerk of Court WBY : C . _ ITNZ /4 c� eputy Clerk of Court . b o eph A . aird, County Administrator Approved as to form and legal sufficiency f r l William K . DeBraal Deputy County Attorney 2 EXHIBIT "A" Vero Lake Estates, Unit A, Lot 1 (Bk-Pg 4- 70) Commonly known as : 8865 91 " Avenue , Vero Beach, FL 32967 PID # 31 - 38 -27- 00004- 0010- 00001 . 0 3