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Agenda - 12-03-2012 - 7a
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Agenda - 12-03-2012 - 7a
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11/30/2012 10:06:33 AM
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11/30/2012 10:06:30 AM
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BOCC
Date
12/3/2012
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
7a
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Minutes 12-03-2012
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\Board of County Commissioners\Minutes - Approved\2010's\2012
RES-2012-104 Resolution Leasing Property at Central Orange Senior Center to Senior Care of Orange County Inc
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2012
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17 <br />16. Prohibition Against Unlawful or Extra-hazardous Use-Enforcement Against <br />Subtenants.The Tenant may use and occupy the Leased Premisesfor adult day careand <br />officeuses and for no other purpose without the prior written consent of County. Tenant shall <br />not use or occupy nor permit the Leased Premisesor any part thereof to be used or occupied <br />for any unlawful business, use or purpose, nor for any business, use , or purpose deemed <br />extra-hazardous, 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 extra-hazardous 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 guiltyof such unlawful or extra-hazardous 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 Expirationor Terminationupon 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 1, for a period of 30 days after written notice thereof from the County to the <br />Tenant. Intheevent, Tenant is incapable of curing the default within such thirty (30) day <br />period, the County may in its discretionextendthe time for as long as the County deems <br />necessary to cure such default. Provided, however, the Tenant shallpromptly and diligently <br />commence action to cure such defaultand 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 defaultshall not be so 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 /> <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 Tenant's 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 Leased Premisesto the County, and the County, upon or at any time after such <br />expiration or termination, Countymay, without further notice, reenter the Leased Premisesand <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 Premises <br />and the right to receive all rental income therefrom. <br />512 <br />Page of <br /> <br />
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