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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
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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
(Linked From)
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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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28 <br /> 28. Exoneration from Liability. The County shall not be liable for any personal <br /> injury to the Tenant or to its officers, agents and employees, or to any other occupant of any <br /> part of the leased property, irrespective of how such injury or damage may be caused, whether <br /> from action of the elements or acts of negligence of the occupants of adjacent properties, or any <br /> other persons; provided that nothing contained herein shall relieve the County of the <br /> consequences of his own negligence. <br /> 29. Reimbursement of Expenses. The Tenant shall pay and indemnify the County <br /> against all legal costs and charges, including counsel fees lawfully and reasonably incurred, in <br /> obtaining possession of the leased premises after default of the Tenant or after the Tenant's <br /> default in surrendering possession upon the expiration or earlier termination of the term of the <br /> lease or enforcing any covenant of the Tenant herein contained. The Tenant further covenants <br /> that in case the County shall be made party to any litigation commenced against the Tenant, <br /> due to act or omission on the part of the Tenant alone, then the Tenant shall pay all expenses, <br /> costs, and reasonable attorney's fees incurred by or imposed on the County in connection with <br /> such litigation, and such expenses, costs, and attorney's fees shall be additional rent due on <br /> the last day after services of notice of such payment or payments, together with interest at a <br /> rate of 9% per annum from the date of payment, and shall be collected as any other rent <br /> specifically reserved herein. Provided that this claim shall not be applicable where the County <br /> shall be made a party by reason of any independent liability of the County caused by some act <br /> or omission on the part of the County or resulting from any act or omission on the part of both. <br /> Tenant and County. <br /> 30. Smoke Free Facility. Tenant acknowledges that County buildings are smoke- <br /> free. Tenant shall ensure that employees, customers or invitees of the Tenant abide by the <br /> County's ordinances,which prohibit smoking. <br /> 31. Weapons Prohibited. Tenant acknowledges that a County ordinance has been <br /> approved by the Board of Commissioners that prohibits weapons in County facilities, except in <br /> limited situations.Tenant will ensure that employees, customers or invitees of the Tenant abide <br /> by the County's ordinance that prohibits weapons in the facility. <br /> 32 Notice by Registered or Certified Mail. Any notice under this lease must be in <br /> writing and must be sent by registered or certified mail to the last address of the party to whom <br /> the notice is to be given, as designated by such party in writing. The County hereby designates <br /> its address as: <br /> County of Orange <br /> Attn: Director of Asset Management and Purchasing Services <br /> 131 West Margaret Lane; Suite 301 <br /> PO Box 8181 <br /> Hillsborough, NC 27278 <br /> The Tenant hereby designates his address as: <br /> Mr. Brandon S. Lee <br /> d!b/a Terra Dotta, LLC <br /> 105 Bentley Building <br /> 501 West Franklin Street <br /> Chapel Hill, NC 27514 <br />
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