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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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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
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\Board of County Commissioners\Resolutions\2010-2019\2012
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20 <br />(b) All sums so paid by the County andall costs and expenses incurred by the <br />County in connection with the performance of any such act, together with interest thereon at the <br />rate of 6% per annum from therespective dates of each such payment and such costs and <br />expenses, shall constitute additional rent payable by the Tenant under this lease and shall be <br />paid by the Tenant to the County on demand. <br /> <br /> (c) Notwithstanding anything in this lease to the contrary, the County shall not be <br />limited, in the proof any damages which the County may claim against the Tenant by reason of <br />the Tenant's failure to provide and keep insurance in force, to the amount of the insurance <br />premiums not paid or incurred by the Tenant. The County shall also be entitled to recover as <br />damages for such breach the uninsured amount of any loss, together with damages, costs, and <br />expenses of any suit offered or incurred by reason of damage to the Leased Premisesoccurring <br />during any period when the Tenant shall have failed to provide and keep such insurance in <br />force. <br />22. Performance of Tenant's Obligations-Taxes. If the Tenant shall default in the <br />performance of any obligation under this lease, the County may, after notice and opportunity to <br />cure in accordance with Section 17(a)2or without notice if any emergencyexists,perform such <br />obligation for the account and at the expense (including reasonable counsel fees) of the Tenant. <br />The amount of any payment made or expense incurred by the County for such purpose, with <br />interest thereon at the rate of 6% per annum, shall be deemed additional rent and forthwith <br />shall be repaid by the Tenant to the County, or, at the County's election, may be added to any <br />subsequent installment of rent due and payable under this lease. Nothing herein contained <br />shall be deemed to waive anyright of the County to sue for and recover by action at law any <br />sums of which the County may have incurred under the provisions of this subparagraph. The <br />provisions of this paragraph shall survive the termination of this lease. <br />23. Right of Entry. The County or its agent shall with twenty-four (24) hours <br />notice have the right to enter the Leased Premisesat reasonable times in order to examine it, to <br />show it to prospective purchasers or lessees, or to make such decorations, repairs, alterations, <br />improvements or additions as the County may deem necessary or desirable. The County shall <br />be allowed to take all material into and upon the Leased Premisesthat may be required <br />therefore without the same constituting an eviction of the Tenant in whole or in part. The rent <br />reserved shall not abate while decorations, repairs, alterations, improvements, or additions are <br />being made, whether by reason of loss or interruption of the business of the Tenant or <br />otherwise. During the last month prior to the expiration of the term of this lease, the County <br />may place upon the Leased Premisesthe usual notices "To Let" or "For Sale", which notices <br />the Tenant shall permit to remain thereon without molestation. If during the last month of the <br />term the Tenant shall have removed all or substantially all of the Tenant's property therefrom, <br />the County may, with the Tenant's permission, immediately enter and later, renovate and <br />redecorate the Leased Premiseswithout elimination of abatement of rent and without liability to <br />the Tenant for any compensation, and such acts shall have no effect upon this lease. If the <br />Tenant or its employees shall not be personally present to permit entry at any time when an <br />entry therein shall be immediately necessary, as herein provided, the County may enter the <br />premises by such means as may be appropriate, including forcible entry, without rendering the <br />County or such agents liable therefore (if during such entry the County or his agents shall <br />accord reasonable care to the Tenant's property), and without in any manner affecting the <br />obligations and covenants of this lease. The County's right of reentry shall not be deemed to <br />impose upon the County any obligation, responsibility or liability for the care, supervision or <br />repair of the LeasedPremisesother than as herein provided. In the event that it becomes <br />necessary for County to replace or repair any major component or any structural or other <br />812 <br />Page of <br /> <br />
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