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Agenda - 11-16-2010 - 4k
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Agenda - 11-16-2010 - 4k
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11/16/2010 12:55:23 PM
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BOCC
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11/16/2010
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Regular Meeting
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Agenda
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Minutes 11-16-2010
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\Board of County Commissioners\Minutes - Approved\2010's\2010
RES-2010-088 Resolution Providing Final Approval of Terms and Documents for County's 2010 Installment Refinancings and Equipment Refinancing
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\Board of County Commissioners\Resolutions\2010-2019\2010
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• 3.5. Compliance with Requirements. The County shall promptly and <br />faithfully comply with all requirements of governmental authorities relating to the use or <br />condition of the Mortgaged Property, the violation of which would adversely affect the <br />use, value or condition of the Mortgaged Property, whether or not such requirement will <br />necessitate structural changes or improvements or interfere with the use or enjoyment of <br />the Mortgaged Property (or be diligently and in good faith contesting such requirements). <br />Unless required by applicable law or unless the Company has otherwise agreed in <br />writing, the County shall not use the Mortgaged Property for any purposes other than that <br />for which the same were intended as of the Closing Date. The County will in no event use <br />the Mortgaged Property or any part thereof nor allow the same to be used for any <br />unlawful purpose or in violation of any certificate of occupancy or other permit or <br />certificate, or any law, ordinance or regulation. <br />3.6. Use and Operation; Leasing. (a) The Facilities will be useful to .the <br />County in carrying out its required functions, including its required functions of providing <br />school facilities and criminal justice facilities. The County expects that the County and the <br />School Board will need and use the Facilities continuously during the Contract term. The <br />County will be solely responsible for the operation of the Facilities, and will not contract <br />with any other person or entity for such operation. The Facilities will not be used in any <br />private business or put to any private business use, except for such minor and occasional <br />uses as may be consistent with their use as local government facilities and that will not <br />cause the County to be in violation of its covenant as set forth in Section 6.1(j). <br />(b) Notwithstanding the provisions of subsection (a), the parties acknowledge <br />that the County intends to lease that portion of the Facilities that constitutes public school <br />facilities to the School Board, or may otherwise provide for the School Board's use of <br />such Facilities. In addition, the County and the School Board may agree that the School <br />Board will assume some of the County's responsibilities under this Contract. , <br />Notwithstanding any other provision of this Contract to the contrary, the parties agree <br />that any such lease or other arrangements between the County and the School Board will <br />not violate any provision of this Contract. No such lease or other arrangement, however, <br />will in any way reduce the County's responsibilities with respect to the Facilities under <br />this Contract. <br />3.7. Modification of Facilities; Installation of Equipment and Machinery. <br />The County has the right to repair, maintain and remodel the Facilities or make <br />substitutions, additions, modifications and improvements to the Facilities, at its own cost <br />and expense; provided, however, that such substitutions, additions, modifications and <br />improvements will not in any way damage the Facilities or result in the use of the <br />Facilities for purposes substantially different from those initially proposed; and provided <br />further that the Facilities, as improved or altered, upon completion of such substitutions, <br />• additions, modifications and improvements, will be of a value not less than the value of <br />the Facilities immediately prior to such making of substitutions, additions, modifications <br />and improvements. <br />s <br />
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