Minutes - 19830307 - Laserfiche WebLink

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9. Shall be solely liable for all acts or actions by the Board and hold the County, Department of Human Resources, Division of Mental Health; Mental Retardation, and Substance Abuse Services, and the State of North.Carolina' secure from harm of suit or liability resulti.ng,from any such acts or actions. B. The.County that is a party to this agreement agrees to the following: 1. Shall. determine that adequate insurance, which is determined as actual cash value is maintained and updated annually fox the facility. If building is destroyed by fire or natural di:sazterR the insurance shall be used to replace the building upon concurrence of the Division of Mental Health, Mental Retard- ation, and Substance Abuse Services Director. If the building is not replaced, the insurance proceeds will -first be used to return to the State of North Carolina, Division of,mental Health, Mental Retardation, and Substance Abuse Services, the exact amount of the renovation grant or the cash value of the building.. 2. 'if, because of anything.done, caused to be done, permitted or ommitted.by the Authority, the premium rate for any kind of insurance affecting the Building shall be raised, the Authority agrees that the amount of the increase in pre- mium which the County shall be thereby obligated to pay for such insurance shall be paid by the Authority to the County on demand, and that if-the County shall demand that the Authority remedy the condition which caused the increase in the insurance premium rate the Authority will remedy such condition within five days after such demand. The Authority agrees 'that the Authority shall not do, or cause to be done, or permit on 'the Leased.Premises anything deem extra hazardous on account of fire. The County shall carry fire and extend.., coverage insurance insuring its interest in the Building and .the Leased Premises. The Authority shall carry fire and extended coverage insurance its - interest, if any, in improvements to or in the Leased Premises and its interest In its interest in its office furniture, equipment, supplies and other personal property. Both the Authority and the County hereby waive any claims or rights of action which the one may have against the other for loss or damage covered by such insurance policies and both the Authority and County covenant and agree that each of them will obtain a waiver from its carrier of such insurance releasing such carrier's subrogation rights as against the other party.- 3. Shall agree that the Authority may have the use of this facility free of rent for at least ten (10) years from the date first occupied by the Authority. 4. Upon disposal of Real Property before the completion of the ten (10) year period, the County shall return to the State of North Carolina the exact amount of the grant or the cash value, which ever is less. C. Notwithstanding other provisions in this dontract, the Department of human Resources, Division of Mental Health, Mental Retardation, and Substance Abuse Services shall not be construed as a party to this contract or 4s'a holder of any title to the real property purchased under this contract.