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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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BOCC
Date
11/20/2012
Meeting Type
Regular Meeting
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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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23 <br /> extrahazardous, nor for any purpose or in any manner which is in violation of any present or <br /> future governmental laws or regulations. The Tenant shall promptly after the discovery of any <br /> such unlawful or extrahazardous use take all necessary steps, legal and equitable, to compel <br /> the discontinuance of such use and to oust and remove any subtenants, occupants, or other <br /> persons guilty of such unlawful or extrahazardous use. The Tenant shall indemnify the County <br /> against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, <br /> claims and demands, including reasonable counsel fees, arising out of any violation of or default <br /> in these covenants. <br /> 17. County's Right to Cause Expiration or Termination upon Listed Defaults <br /> (a) The occurrence of any of the following shall constitute an event of default: <br /> 1. Delinquency in the punctual payment of any rent or additional rent payable <br /> under this lease when such rent shall become payable. Should such rent payment not be made <br /> when due then upon the expiration of five days after the due date, such rent payment shall be <br /> delinquent. <br /> 2. Delinquency by the Tenant in the performance of or compliance with any <br /> of the conditions contained in this lease other than those referred to in the foregoing <br /> subparagraph lJor a period of 30 days after written notice thereof from the County to the <br /> Tenant. In the event,Tenant is incapable of curing the default within such thirty(30)day <br /> period, the County may in its discretion extend the time for as long as the County deems <br /> necessary to cure such default. Provided, however, the Tenant shall promptly and diligently <br /> commence action to cure such default and provide County with evidence of Tenant's intent to <br /> cure the default. Any additional period of time beyond thirty(30) days granted to Tenant to cure <br /> any default shall not be as extended as to jeopardize the interest of the County in this lease or <br /> so as to subject the County to any civil or criminal liabilities. <br /> 3. Filing by the Tenant in any court'pursuant to any statute, either of the <br /> United States or any state, or a petition in bankruptcy or insolvency or for reorganization, or <br /> for the appointment of a receiver or trustee of all or a portion of the Tenant's property, or an <br /> assignment by the Tenant for the benefit of creditors. <br /> 4. Filing against the Tenant in any court pursuant to any statute, either of the <br /> United States or of any state, of a petition in bankruptcy or insolvency, or for reorganization, or <br /> for appointment of a receiver or trustee of all or a portion of the Tenants property, if within 180 <br /> days after the commencement of any such proceeding against the Tenant such petition shall not <br /> have been dismissed. <br /> (b) Upon the expiration or termination of this lease, the Tenant shall peacefully <br /> surrender the [eased property to the County, and the County, upon or at any time after such <br /> expiration or termination, County may, without further notice, reenter the leased property and <br /> repossess it by force, summary proceedings, ejectment, or otherwise, and may dispossess the <br /> Tenant and remove the Tenant and all other persons and property from the leased property and <br /> the right to receive all rental income therefrom. <br /> (c) Many time after such expiration, the County may relet the leased property or <br /> any part-thereof, in the name of the County or otherwise, for such term (which may be greater or <br /> less than the period which would otherwise have constituted the balance of the term of this <br /> lease) and on such conditions (which may include concessions or free rent) as the County, in its <br /> uncontrolled discretion, may determine, and may collect and receive the rent thereof. <br />
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