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S Lease Re-negotiated Lease – High Rock Road Solid Waste Convenience Center
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S Lease Re-negotiated Lease – High Rock Road Solid Waste Convenience Center
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Last modified
7/24/2012 10:43:25 AM
Creation date
5/16/2012 4:23:13 PM
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BOCC
Date
5/15/2012
Meeting Type
Regular Meeting
Document Type
Leases
Agenda Item
5d
Document Relationships
Agenda - 05-15-2012 - 5d
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\Board of County Commissioners\BOCC Agendas\2010's\2012\Agenda - 05-15-2012 - Regular Mtg.
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b. Owner further grants to the County during the Term, including any <br />extension thereof, the exclusive right at the County's option, to purchase the Premises on the <br />same terms and at the same price as any bone fide offer, and each time any such bona fide <br />offer is received, the Owner shall immediately notify County in the manner prescribed in <br />Section 8 of this Lease Agreement, with full details of such offer including a copy of the same <br />(the name and address of the offeror may be omitted if County is unwilling or unable to <br />maintain the name and address of the offeror confidential). County shall have sixty (60) days <br />from the date of notice in which to elect to exercise this right of first refusal. No sale or transfer <br />of title to the Premises shall be binding on the Lessee unless and until these requirements are <br />fully complied with. <br />C. The right of first refusal herein granted shall be continuing and pre- <br />emptive, binding on Owner's successors or assigns, and the failure of County to exercise this <br />right in any one case shall not affect the County's right to exercise the right of first refusal in <br />other cases thereafter arising during the Term or any extension of the Term. <br />d. Upon Owner and County reaching a binding written agreement for the <br />purchase and sale of the Premises, or upon Owner's receipt of County's notice of election to <br />exercise any right of first refusal granted herein, County shall have a reasonable time in which <br />to examine title to the Premises, but in no event more than sixty (60) days and upon <br />completion of such examination, if the title is found to be satisfactory, County shall tender the <br />purchase price to Owner and Owner shall thereupon deliver to County a good and sufficient <br />Warranty Deed conveying the Premises to the Lessee free and clear of all encumbrances. The <br />rent shall be pro -rated between the Owner and County as of the date of the closing of the <br />purchase and sale of the Premises. Current year's ad valorem property taxes on the Premises <br />shall be paid or prepaid by Owner (grantor) with County's (grantee's) pro -rated share of those <br />taxes added to the agreed purchase price. <br />5. Improvements and Maintenance. <br />a. The County shall have the right to enter the Premises up the execution <br />and recording of this Lease Agreement and prior to the effective date of the lease and <br />thereafter during the lease term to make any and all improvements, temporary or permanent, <br />to the premises as deemed necessary and desirable to the County for its use of the premises. It <br />is anticipated that the County will continue to use the premises as a Solid Waste Convenience <br />Center. The County shall continue to maintain a buffer strip, within the leased premises, around <br />the Solid Waste Convenience Center of at least (40 feet) in width through the use of fencing <br />and natural vegetation. This buffer shall be fashioned in a manner to permit entrance to the <br />Solid Waste Convenience Center constructed on the premises form High Rock Road to the Solid <br />Waste Convenience Center. <br />b. All improvements to and maintenance of the lease premises shall be <br />solely at the County's expense. Any improvements constructed or provided at the leased <br />
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