HomeMy WebLinkAbout2010-101 �6/ 12V
AGREEMENT FOR REMOVAL OF
PERSONAL PROPERTY/TRADE FIXTURES
THIS AGREEMENT is made as of the last date signed below between Indian River
County , Florida ( "County" ) and Cumberland Farms , Inc . ( " CF " ) .
WHEREAS , the parties are the subject of the Stipulated Order of Taking and Final
Judgment ( " Final Judgment " ) entered in the case of Indian River County, Florida v. Cumberland
Farms, Inc. , et al. , Case No . 2009 -0762 - CA -05 (Parcels 45A and B) , entered by the Court on
December 8 , 2009 ; and
WHEREAS , following the entry of the Final Judgment, the parties entered into that
certain Lease Agreement (" Lease" ) signed by CF on December 5 , 2009 , and by the County on
January 19 , 2010 , that provides for the continued possession by CF of the premises ( "premises " )
that are the subject of the Lease until the need to vacate the premises pursuant to the terms of the
Lease ; and
WHEREAS , the parties have agreed upon the vacation of the premises by CF , that CF
may salvage and take possession of all CF' s personal property and trade fixtures on the premises
in accordance with the terms of this Agreement .
NOW , THEREFORE , in consideration of the mutual covenant contained in this
Agreement, which are deemed adequate consideration, the parties agree as follows :
1 , Upon termination of the Lease requiring CF to vacate the premises , the parties
agree that CF may salvage and take possession of all personal property and trade fixtures
("property" ) of CF located on the premises , including but not limited to , those items listed on the
Exhibit " A " attached hereto .
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2 . CF agrees that such property shall be removed from the premises by CF within
the sixty day period of written notice from the County pursuant to paragraph 1 of Section I of the
Lease .
3 . The parties agree that CF shall be solely responsible for the salvage and removal
of the property, and the County shall have no such responsibility. CF shall have no entitlement
to the property remaining on the premises after the end 601h day of said sixty day notice under the
Lease , at which time the County may dispose of the property as it deems appropriate .
IN WITNESS WHEREOF , the parties have signed this Agreement on the dates executed
below .
CUMBERLAND FARMS , INC .
By: ��
Date : l ! /'o to
ATTEST &O J . R . BARTON , CLERK IND RIVER COUNTY, FLORIDA
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By * Date : May 11 , 2010 ; ,
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APPROVED A5 TO F06d
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092524060 WILLIAM EL. PEBRAAL
DEPUTY COUNTY ATTORNEY
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Exhibit " A"
Indian River County/Cumberland Farms , Inc . — Oslo Road
List of Personal Property/Trade Fixtures for Salvage
1 , Walk-in cooler doors and door frames
2 , 2 condensing units and 4 evaporators (walk-in cooler
refrigeration equipment)
3 . Walk-in cooler shelving
4 . All sales floor gondola shelving and walk around
fixtures
5 , 7 1 /2 ton air conditioner
6 , 5 ton air conditioner
7 . Fountain soda machine with ice maker
8 . Frozen beverage equipment
9 . All coffee equipment (brewers , airpots , flavor machine)
10 . 3 compartment safe
11 . Lottery safes
12 . Registers and back office system
13 . Upright freezers
14 . Sandwich case
15 . Gas pumps
16 . All CF signage (building, roadside)
17 . Gas price sign
18 . Security camera system
19 . Hot dog roller grill
20 . Register display racks
21 . All floor display racks
22 . Cappuccino machine
23 . Transfer switch for portable generator
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