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l ' 1 ' IV LEASE AGREEMENT BETWEEN CUMBERLAND FARMS, INC. AND INDIAN RIVER COUNTY, FLORIDA THIS LEASE AGREEMENT (the "Agreement") is entered into by and between Cumberland Farms, Inc . , a Delaware corporation ("Tenant") , 100 Crossing Blvd. , Framingham, MA 01702, and Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, (the "County") as of the date set forth below as the effective date (the "Effective Date" ) . BACKGROUND FACTS WHEREAS, the Board of County Commissioners intends mntends to acquire through the power of eminent domain the real property located at 2614 9th Street SW a/k/a Oslo Road, Vero Beach, Florida, (the "Premises" and "Cumberland Farms") the sketch and legal description for which are attached as Exhibit "A" and incorporated by reference herein; and WHEREAS, Tenant owns and operates a service station and convenience store on the Premises (" the Business " ) ; and WHEREAS, as part of the negotiations in the eminent domain lawsuit styled Indian River County v . Cumberland Farms, Case No. 312009CA010762 , Parcels No . 45A and 45B, the County has agreed to lease the Premises back to Tenant following the transfer of title to the Premises to the County pursuant to an Order of Taking and subsequent good faith deposit into the Registry of the Circuit Court; and WHEREAS, Tenant is desirous of entering into this Agreement and has represented to the County that they have the competency and experience to perform the services set forth in this Agreement; and WHEREAS, the County will become the owner of 2614 9th Street SW, Vero Beach, Florida 32962 upon making its good faith deposit, and Tenant desires to continue operating its Business until the Premises are needed for the construction of the County's planned roadway I mprovements and appurtenances ; and WHEREAS, it is the County's intent to lease to Tenant for a period commencing on the date on which the County takes title to the premises pursuant to an Order of Taking and subsequent good faith deposit into the Registry of the Circuit Court and terminating sixty (60) days after written notice by the County, which notice shall not be issued prior to July 1 , 2010 ; and WHEREAS , Tenant and the County's contact information for notices regarding this Agreement is : FOR COUNTY: FOR TENANT: Indian River County Cumberland Farms, Inc . c/o Tom Frame, Director c/o Michael Fleming General Services 100 Crossing Blvd. 180127" Street Framingham MA 01702 Vero Beach, Florida 32967 1