Browse
Search
Agenda - 11-16-2010 - 4i
OrangeCountyNC
>
Board of County Commissioners
>
BOCC Agendas
>
2010's
>
2010
>
Agenda - 11-16-2010 - Regular Mtg.
>
Agenda - 11-16-2010 - 4i
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
11/12/2010 12:43:35 PM
Creation date
11/12/2010 12:43:33 PM
Metadata
Fields
Template:
BOCC
Date
11/16/2010
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4I
Document Relationships
Minutes 11-16-2010
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2010
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
18
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
9 <br />this paragraph shall not be applicable to liens existing at the commencement of this <br />lease. <br />Provided, that County may, at his option, agree to subordinate this lien to <br />liens arising in connection with purchased of equipment or leasehold improvement <br />financing by Tenant, which agreement County covenants not to unreasonably <br />withhold. <br />19. County's Right to Receiver upon Tenant's Default. In addition to <br />any other security for the performance of this lease, the Tenant hereby assigns to the <br />County all of the rents and profits which might otherwise accrue to the Tenant from the <br />use, enjoyment, and operation of the leased property, such assignment to become <br />effective, however, only after default by the Tenant in the performance of its obligations <br />under this lease. If the County, upon default of the Tenant, elects to file a suit in equity <br />to enforce the lease and protect the County's right hereunder, the County may upon <br />notice to the Tenant, as ancillary to such suit, apply to any court having jurisdiction for <br />the appointment of~a receiver of the leased property, the improvements and buildings <br />located thereon, the personal property located therein, and thereupon the court may <br />forthwith appoint a receiver with the usual powers and duties of receivers in like cases. <br />Such appointment shall be made by such court as a matter of strict right to the County <br />and without consideration of the adequacy of the value of the Tenant's interest in the <br />lease, or of the value of the property, or the commission of waste thereon, or the <br />deterioration thereof. Nothing herein shall prevent the enforcement. of the County's lien <br />for rent in any court or by proceeding authorized to the laws of this state, or the <br />institution by the County of a separate proceeding in equity for the appointment of a <br />receiver as an ancillary remedy to protect the rights and interest of the County. Any <br />and all remedies or proceedings are considered cumulative and not exclusive. <br />20. Waiver of County's Rights Only by Written Instrument. No failure by the <br />County to insist upon the strict performance of any item or condition of this lease or to <br />exercise any right or remedy available on a breach thereof, and no acceptance of full <br />or partial rent during the continuance of any such breach shall constitute a waiver of <br />any breach or of any such term or condition. No term or condition of this lease required <br />to be performed by the Tenant, and no breach thereof, shall be waived, altered or <br />modified, except by a written instrument executed by the County. No waiver of any <br />breach shall affect or alter any term or condition in this lease, and each such term or <br />condition shall continue in full force and effect with respect to any other then existing or <br />subsequent breach thereof. <br />21. Performance of Tenant's Obligations -Unpaid Insurance Premiums <br />A. If the Tenant shall at any time fail to pay any amount in accordance with <br />the provisions of this lease, or shall fail to take out, keep in force, or shall fail to perform <br />any of its other obligations under this lease, then the County, after 15 days notice to <br />the Tenant (or without notice in case of an emergency) and without waiving or releasing <br />the Tenant from any obligation of the Tenant contained in this lease, may (but shall be <br />under no obligation to) pay any amount payable by the Tenant hereunder, and perform <br />any other act required to be performed by the Tenant hereunder. The County may <br />
The URL can be used to link to this page
Your browser does not support the video tag.