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2008-425
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2008-425
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Last modified
4/21/2016 10:47:47 AM
Creation date
10/1/2015 1:13:19 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
12/16/2008
Control Number
2008-425
Agenda Item Number
13.B.2
Entity Name
Timothy and Joshana Tynes
Subject
Lease Agreement Mermaid Carwash
Area
1935 43rd. Ave.
Supplemental fields
SmeadsoftID
8248
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SECTION VI - MISCELLANEOUS <br /> 1 . In connection with this Agreement , the parties agree to cooperate in good faith <br /> and to perform no act , or allow any omission , which would inhibit the other party from <br /> performing its obligations under this Agreement . <br /> 2 , This Agreement , together with the Exhibits constitutes the entire agreement <br /> between the parties with respect to the subject matter hereof and merges all prior and <br /> contemporaneous communications . This Agreement shall not be modified except by a <br /> written agreement dated subsequent to the date of this Agreement and signed on behalf <br /> of County and Tenant by their respective duly authorized representatives . <br /> 4 . Any notice which either party is required or may desire to give to the other under <br /> this Agreement shall be in writing and shall be given by registered or certified mail , <br /> return receipt requested , postage prepaid , addressed to the party at its address shown <br /> on the First Page of this Agreement. If County or Tenant wishes to change its respective <br /> address for purposes of notice under this Agreement , they may do so by giving to the <br /> other written notice of change of address . <br /> 5 . Nothing in this Agreement shall be construed to create a partnership , a joint <br /> venture or agency relationship between the parties . Neither party shall have any <br /> authority to enter into agreements on behalf of the other, or otherwise to bind or obligate <br /> the other in any manner. The language of this Agreement shall not be construed more <br /> strongly against either party , regardless of which party is responsible for its drafting . <br /> 6 . No waiver of any breach of any provision of this Agreement shall constitute a <br /> waiver of any prior, concurrent or subsequent breach of the same or any other <br /> provisions hereof, and no waiver shall be effective unless made in writing and signed by <br /> an authorized representative of the waiving party. <br /> 7 . The parties agree that any litigation arising from this Agreement shall be brought <br /> in Indian River County Florida . <br /> 8 . In the event of acts or occurrences beyond the control of Tenant , including , <br /> without limitation , acts of God , fire , flood , hurricanes , that damages the premises to the <br /> extent that prevents Tenant from safely operating Little Mermaid Carwash , then this <br /> Lease shall be deemed terminated and the County has the right to take possession of <br /> the premises and exclude Tenant from the premises . County would not be liable to <br /> Tenant for the $5 , 000 . 00 per month early termination reimbursement . <br /> 9 . Tenant shall be responsible for obtaining , and shall pay for, any such required <br /> permits , fees , and licenses . <br /> 10 . It is agreed by the parties that, at all times and for all purposes within the scope <br /> of this Agreement , the relationship of Tenant to the County is that of a commercial <br /> leasing tenant , and not that of employee . <br /> 6 <br />
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