HomeMy WebLinkAbout2017-082 EXTENSION OF LEASE AND AGREED NOTICE TO VACATE
This Extension of Lease and Agreed Notice to Vacate to allow adequate time to vacate
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entered into on the 23rd —day of May, 2017, by Indian River County, a political subdivision of the
State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County"), and Timothy E. and Joshana
Tynes, husband and wife, doing business as Mermaid Carwash, Inc. ("Tenant") whose address is
193543 d Avenue, Vero Beach, FL 32960.
WITNESSETH:
WHEREAS the County contracted to purchase Tenants property
on December 16 2008.
The 0.47 acre property currently contains a carwash facility that was built in 1984 consisting of a
two-bay automatic carwash and 3-self service wash bays with a covered vacuum area; and
WHEREAS, the purchase of the property was in lieu of eminent domain, as the County is
planning to widen and improve the 43rd Avenue/State Road 60 intersection (Project); and
WHEREAS, as part of the consideration for purchase of the property, the County agreed to
lease back the property to Tenant. The current lease expired April 30, 2017; and
WHEREAS, the County and the Florida Department of Transportation (FDOT) have entered
into an agreement whereby FDOT acquires the rights-of-way needed for the Project. Under the
method of acquisition used by FDOT, the rights-of-way must be "certified" as vacant, cleared and
ready for road construction; and
WHEREAS, the Tenant has requested an extension to the lease and FDOT and the County
have no objections to granting the Tenant an extension of the lease for one hundred twenty (120)
days to allow for the Tenant to look for locations to move his business, remove any equipment for
the exiting site; and vacate the premises; and
WHEREAS, the County will demolish the remaining improvements after the tenant vacates
the property.
NOW, THEREFORE, in consideration of the mutual terms and promises stated herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the County and Tenant agree as follows:
1. The foregoing recitals are incorporated as if fully restated herein.
2. The Paragraphs One and Two of that certain Lease dated December 16, 2008 are hereby
amended to extend the lease term for one hundred twenty (120) days so that the amended
termination date shall be August 31, 2017.
3. Tenant accepts this as its ninety (90) day notice to vacate the leased premises and agrees
to remove all of its personal property from the leased premises by August 31, 20,17.
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4. Except as amended herein, the terms and conditions of the Lease shall remain in full
force and effect. To the extent of any conflict between the terms of this Final
Amendment and the terms of the Lease,the terms of this Final Amendment shall control.
IN WITNESS WHEREOF, this Lease Extension and Agreed Notice to Vacate is executed
by the authorized representatives of the parties, as of the day and year first above written.
MERMAID CARWASH, INC. BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY: °J� B _
T E. Tynes, I -yi a ly d as Peter D. O'Bryan, Vi Chairman
President of Mermaid Carwash, Inc.
Approved by the BCC: May 93., 201?� ••
c�utiTY
os ana Tynes, individ y and as
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ce President of Mermaid Carwash, Inc. c
ATTEST: Jeffrey R. Smith, Clerk-1• \;r
and Comptroller
BY: 4yl
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Deputy Clerk of Court
Jason E. row , County Administrator
Approved as to form and legal sufficiency
William K. DeBraal
Deputy County Attorney
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