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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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NOW THEREFORE , in consideration of the mutual benefits to be derived from <br /> this agreement and other valuable consideration , the receipt and sufficiency of which is <br /> hereby acknowledged , the parties , intending to be legally bound agree as follows : <br /> SECTION I as LEASE <br /> Background Facts . The Background Facts are agreed to be true and correct and are <br /> incorporated herein by this reference . <br /> 1 . Property and Term of Lease . The County leases to Tenant and Tenant leases <br /> from County , the property located at 2614 9th Street SW , Vero Beach , Florida 32962 , <br /> currently known as Cumberland Farms consisting of approximately 1 . 1 acres , as more <br /> particularly described on Exhibit " A " attached hereto and incorporated by reference <br /> herein . The term of the lease shall commence on the date on which the County took <br /> title to the premises pursuant to the Order of Taking and subsequent good faith deposit <br /> into the Registry of the Circuit Court (the " effective date " ) and shall terminate on <br /> The rent shall be paid at the rate of Dollars ( $ . 00 ) <br /> per month payable in advance on the first day of each month . <br /> 2 . Length of Lease . The Lease shall be for an original fixed term subject to early <br /> termination pursuant to its terms . Extension of the lease shall be at the sole pleasure of <br /> the Board of County Commissioners . <br /> 3 . Use of Leased Premises . During the term of this Agreement , Tenant shall use <br /> the leased premises for operation of a service station and convenience store and for no <br /> other purpose . Tenant shall not use the premises , or any part thereof, or permit the <br /> same to be used for any illegal , immoral , or improper purposes ; nor make , or permit to <br /> be made , any disturbance , noise , or annoyance whatsoever detrimental to the premises <br /> or the comfort and peace of the inhabitants of the vicinity of the premises . Violation of <br /> this term of the lease shall be grounds for immediate cessation of the operation of the <br /> business and eviction from the premises . <br /> 4 . Utilities and Equipment. Tenant shall pay all utilities including garbage <br /> removal . Tenant shall be responsible for all maintenance and repair of any equipment <br /> or fixtures in or on the Premises . <br /> 5 . Assignment and Subletting . Tenant shall not assign the lease or the leasehold <br /> estate granted to them under the lease to any other person , firm or entity . Any <br /> attempted assignment of the lease or the leasehold estate granted under the lease shall <br /> be void and may , at the sole option of the County , be deemed an event of default under <br /> the lease . <br /> 6 . Prohibition on Encumbrances . Tenant shall not mortgage , pledge , or <br /> encumber the lease , in whole or in part , or the leasehold estate granted under the <br /> lease , to any other person , firm or entity . Any attempt to do so shall be void and may , at <br /> the sole option of the County , be deemed an event of default under the lease . This <br /> covenant shall be binding on Tenant ' s successors in interest . <br /> 2 <br />
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