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2009-178
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2009-178
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Last modified
3/10/2016 9:24:36 AM
Creation date
10/1/2015 3:39:54 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
06/16/2009
Control Number
2009-178
Agenda Item Number
13.F.
Entity Name
Cumberland Farms Inc.
Subject
Leasen Agreement Stipulated Order or Take
Extended Possession Agreement
Area
Oslo Road and 27th Ave.
Supplemental fields
SmeadsoftID
10713
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without further notice or order of the Court , all right , title and interest as to Parcels 45A and <br /> 45B , as legally described in Exhibit 1 , attached hereto and incorporated herein , shall vest <br /> in and with the COUNTY ; <br /> 10 . Subject to the approval of the Indian River County Board of County <br /> Commissioners , the COUNTY and CUMBERLAND FARMS shall enter into a written lease <br /> agreement requiring that CUMBERLAND FARMS indemnify the COUNTY , requiring <br /> CUMBERLAND FARMS to maintain certain insurance and have the COUNTY named as <br /> an additional insured . The lease agreement shall further provide that CUMBERLAND <br /> FARMS will vacate the property within sixty ( 60 ) days of written notice from the COUNTY , <br /> which notice shall not be issued prior to April 1 , 2010 . No rent shall be charged under the <br /> lease agreement until January 1 , 2010 , and thereafter the monthly rent shall be 75 % of fair <br /> market value rent for a similar convenience store/gas station ; <br /> 11 . Upon the deposit as set forth above and without further notice or order of this <br /> Court , the Clerk of the Circuit Court shall forthwith pay to the Tax Collector of Indian River <br /> County , the amount of prorated taxes due as of the date of deposit as to Parcels 45A and <br /> 45B from the deposit and upon payment this suit shall stand dismissed as to the Tax <br /> Collector of Indian River County ; <br /> 12 . Upon the deposit as set forth above and without further notice or order of this <br /> Court , the Clerk of the Circuit Court shall forthwith disburse the deposit amount , less any <br /> prorated taxes due , to Holland & Knight , LLP , c/o Scott J , Johnson , Esquire , 200 South <br /> Orange Avenue , Suite 2600 , Orlando , Florida 32801 for placement in an interest bearing <br /> escrow account , where it shall remain pending written agreement of all parties having an <br /> interest in Parcels 45A and 45B or until further Order of this Court , whichever occurs first ; <br /> and <br /> 13 . The Joint Motion and Stipulation of the COUNTY and Respondents <br /> Indian River County Resolution No . 2008 - 172 -3 - <br />
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