5/24/2017 10:03:15 AM
5/24/2017 10:03:15 AM
Official Document Type
Agenda Item Number
Timothy E. and Joshana Tynes
Lease Extension Agreed Notice To Vacate
Mermaid Carwash Inc.
1935 43rd. Ave.
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EXTENSION OF LEASE AND AGREED NOTICE TO VACATE <br /> This Extension of Lease and Agreed Notice to Vacate to allow adequate time to vacate <br /> g q <br /> entered into on the 23rd —day of May, 2017, by Indian River County, a political subdivision of the <br /> State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County"), and Timothy E. and Joshana <br /> Tynes, husband and wife, doing business as Mermaid Carwash, Inc. ("Tenant") whose address is <br /> 193543 d Avenue, Vero Beach, FL 32960. <br /> WITNESSETH: <br /> WHEREAS the County contracted to purchase Tenants property <br /> on December 16 2008. <br /> The 0.47 acre property currently contains a carwash facility that was built in 1984 consisting of a <br /> two-bay automatic carwash and 3-self service wash bays with a covered vacuum area; and <br /> WHEREAS, the purchase of the property was in lieu of eminent domain, as the County is <br /> planning to widen and improve the 43rd Avenue/State Road 60 intersection (Project); and <br /> WHEREAS, as part of the consideration for purchase of the property, the County agreed to <br /> lease back the property to Tenant. The current lease expired April 30, 2017; and <br /> WHEREAS, the County and the Florida Department of Transportation (FDOT) have entered <br /> into an agreement whereby FDOT acquires the rights-of-way needed for the Project. Under the <br /> method of acquisition used by FDOT, the rights-of-way must be "certified" as vacant, cleared and <br /> ready for road construction; and <br /> WHEREAS, the Tenant has requested an extension to the lease and FDOT and the County <br /> have no objections to granting the Tenant an extension of the lease for one hundred twenty (120) <br /> days to allow for the Tenant to look for locations to move his business, remove any equipment for <br /> the exiting site; and vacate the premises; and <br /> WHEREAS, the County will demolish the remaining improvements after the tenant vacates <br /> the property. <br /> NOW, THEREFORE, in consideration of the mutual terms and promises stated herein, and <br /> other good and valuable consideration, the receipt and sufficiency of which are hereby <br /> acknowledged, the County and Tenant agree as follows: <br /> 1. The foregoing recitals are incorporated as if fully restated herein. <br /> 2. The Paragraphs One and Two of that certain Lease dated December 16, 2008 are hereby <br /> amended to extend the lease term for one hundred twenty (120) days so that the amended <br /> termination date shall be August 31, 2017. <br /> 3. Tenant accepts this as its ninety (90) day notice to vacate the leased premises and agrees <br /> to remove all of its personal property from the leased premises by August 31, 20,17. <br /> 1 <br />
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