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Agenda - 11-20-2012 - 5k
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Agenda - 11-20-2012 - 5k
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11/16/2012 4:04:11 PM
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11/16/2012 4:04:07 PM
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BOCC
Date
11/20/2012
Meeting Type
Regular Meeting
Document Type
Agenda
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5k
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2012-024 AMS - Terradotta, LLC for Lease Renewal for 501 W. Franklin St., Suite 106
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2012
2012-025 AMS - Terradotta, LLC for Lease Renewal for 501 W. Franklin St., Suite 105
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2012
Minutes 11-20-2012
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\Board of County Commissioners\Minutes - Approved\2010's\2012
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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 Tenants 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 /> receiveras an ancillary remedy,to protect the rights and interest of the County. Any. <br /> and all raM considered,-poies or proceedings are consid r cumulative andmot• 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., *y-ppo,t6rmor. 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-Ungaid Insurance Premiums <br /> A. If the Tenant shall at any time fall to pay any amount in accordance with <br /> the provisions of this lease,or shall fall to take out, keep in force,or shall fall to perform <br /> any f its other obligations under this lease, then the County, after 15 days notice to the <br /> Tenant(or without notice in case of an emergency) and without waiving or releasing the <br /> 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 /> enter upon the leased property for such purposes and take any action necessary <br /> therefore. <br />
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