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HomeMy WebLinkAbout2005-212 C - 2. 1 - 0L-S C LEASE MODIFICATION AGREEMENT THIS LEASE MODIFICATION AGREEMENT ( "Amendment" ) is entered into effective as of July 1 , 2005 (" Effective Date" ) by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ( " County" ) , whose address is 1840 25"' Street , Vero Beach , Florida 32960 , and TREASURE COAST HOMELESS SERVICES COUNCILb INC . , a not for profit corporation organized under the laws of the State of Florida ( " Council " ) , whose address is 2525 St . Lucie Avenue , Vero Beach , FL 32960 . BACKGROUND RECITALS , A . On October 24 , 2000 , the County, as Lessor, and the Coalition for the Homeless of Indian River County , Inc . , as Lessee , entered into a lease agreement (" Lease") pursuantto Florida Statutes section 125 .38 for that certain real property located at 2525 St Lucie Avenue , Vero Beach , FL 32960 , as more specifically described in the Lease (the " Leased Premises " ) . B . Thereafter, the Coalition for the Homeless of Indian River County , Inc . changed its name to Homeless Assistance Center, Inc . , and assigned all of its right , title , interest , duties , and obligations under the Lease to Indian River County Homeless Services Council , Inc . , effective May 7 , 2002 , C . In August , 2002 , the Indian River County Homeless Services , Council changed its name to Treasure Coast Homeless Services Council , Inc . D . Rental office space in Indian River County is in high demand and the County requires outside office space to accommodate various County staff from several departments due to expanding community growth and demands brought about by the recovery efforts from the 2004 hurricanes . E . The County has requested that the Council release a portion '', of the Leased Premises from the Lease so that , by operation of law , the County as owner will re-occupy a portion of its own property. F . The County and the Council have agreed to the terms of the release of a portion of the Leased Premises to the County and have further agreed to make certain modifications to the Lease , all on the terms and conditions set forth therein . NOW , THEREFORE , for good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , and intending to be legally bound , the parties hereby agree as follows : 1 . From and after the Effective Date of this Amendment , the portion of the Leased Premises depicted on Exhibit "A" attached hereto and by this reference incorporated herein in its entirety (" Released Premises " ) shall be released from the lien of the leasehold estate i created by the Lease and shall revert to the County , as owner , in fee simple as set forth herein . The parties acknowledge and agree that the Released Premises are contemplated to be needed by the County from the Effective Date through June 30 , 2008 ( " Release Term " ) . The parties acknowledge and agree that the Release Term is subject to early termination by the County upon 60 days prior written notice to the Council . At the expiration or sooner termination of the Release Term , the parties acknowledge and agree that : ( a ) the Released Premises shall be returned to the Council in the same condition as the County received such Released Premises , reasonable wear and tear excepted ; ( b ) this Amendment shall be terminated and of no further force and effect , without any other action of the parties , provided , however, that paragraphs 4 and 5 of this Amendment shall survive ; and (c) the Lease shall be reinstated as provided herein . 2 . During the term of this Amendment , the Council shall pay directly to each utility service provider, when due , all bills and charges for electric , water, sewer, land solid waste removal and disposal . Promptly upon payment of all such bills , the Council11 provide copies of such bills , together with appropriate evidence of payment , to County and he County shall thereafter promptly reimburse the Council for all such amounts , without set-off or deduction . 3 . During the term of this Amendment , the County shall perform all lawn maintenance for the entire Leased Premises covered by the Lease . 4 . From and after the Effective Date of this Amendment , paragraph 5 of the Lease shall be modified in its entirety to read as follows : "This Agreement shall terminate automatically if Lessee ceases to exist as a not for profit corporation organized and existing under the laws of the State of Florida . The County shall have the right to inspect all or any portion of the demised premises , atlany reasonable time with reasonable advance notice to be provided to Council , except in ' the event of an emergency when no such permission shall be required . '° 5 . From and after the Effective Date of this Amendment , paragraph 11 of the Lease is deleted in its entirety. 6 . From and after the Effective Date of this Amendment , the last sentence of paragraph 13 of the Lease is deleted in its entirety. 7 . The background recitals are true and correct and form a material part of this Amendment . 8 . All terms and conditions of the Lease not amended herein shall remain in full force and effect . 2 IN WITNESS WHEREOF , County and Council have caused this Amendment to be signed by their respective duly authorized officers effective as of July 1 , 2005 . I" all � AttestK : : J . 'B8rt KCler INDIAN RIVER COUNTY J 1p By' (I -� By ; Deputy ',lerk Thomas S . Lowther, Chairman , ` •'• Board of County Commissioners Appy • • • • ' ' BCC Approved : June 21 , 005 Jeph A . Baird , County Administrator p roved as to form and legal uffici y: 4a ! County Attorney TREASURE COAST HOMLESS ,Ld _ SERVICES COUNCIL , INC . 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