2010-022 - Laserfiche WebLink

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NOW THEREFORE, in consideration of the mutual benefits to be derived from this agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound agree as follows : SECTION I - LEASE Background Facts. The Background Facts are agreed to be true and correct and are incorporated herein by this reference . 1 . Property and Term of Lease. The County leases to Tenant and Tenant leases from County, the property located at 2614 9th Street SW, Vero Beach, Florida 32962 , currently known as Cumberland Farms, consisting of approximately 1 . 1 acres, as more particularly described on Exhibit " A " attached hereto and incorporated by reference herein. The term of the lease shall commence 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 (the "Effective Date") and shall terminate sixty (60) days after written notice by the County, which notice shall not be issued prior to July 1 , 2010 . No rent shall be charged under this Agreement . 2. Length of Lease. The Lease shall be subject to early termination pursuant to its terms . Extension of the lease shall be at the sole pleasure of the Board of County Commissioners . 3 . Use of Leased Premises. During the term of this Agreement, Tenant shall use the leased Premises for operation of a service station and convenience store and for no other purpose . Tenant shall not use the Premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; nor make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the Premises or the comfort and peace of the inhabitants of the vicinity of the Premises. Violation of this term of the lease shall be grounds for immediate cessation of the operation of the Business and eviction from the Premises following notice and an opportunity to cure . 4. Utilities and Equipment. Tenant shall pay all utilities including garbage removal . Tenant shall be responsible for all maintenance and repair of any equipment or fixtures in or on the Premises . 5. Assignment and Subletting. Tenant shall not assign the lease or the leasehold estate granted to them under the lease to any other person, firm or entity . Any attempted assignment of the lease or the leasehold estate granted under the lease shall be void and may, at the sole option of the County, be deemed an event of default under the lease . 6 . Prohibition on Encumbrances. Tenant shall not mortgage, pledge, or encumber the lease, in whole or in part, or the leasehold estate granted under the lease, to any other person, firm or entity. Any attempt to do so shall be void and may, at the sole option of the County, be deemed an event of default under the lease . This covenant shall be binding on Tenant' s successors in interest . 7. Employees Hired by Tenant. All Tenant's employees shall be considered to be at all times its sole employees and not employees or agents of Indian River County. 8, Complaints Concerning Operations. The County or its representative may submit a written report to Tenant enumerating problem areas encountered. Tenant will provide written documentation of action to be taken to resolve problems . 2