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Agenda - 02-19-2013 - 6a
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Agenda - 02-19-2013 - 6a
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4/24/2013 9:26:14 AM
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BOCC
Date
2/19/2013
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6a
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Minutes 02-19-2013
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\Board of County Commissioners\Minutes - Approved\2010's\2013
RES-2013-013 Resolution approving the Lease Agreement for the Senior Care of Orange County, Inc. for Ten (10) Years
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\Board of County Commissioners\Resolutions\2010-2019\2013
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11 <br />and without releasing the Tenant from any obligation of the Tenant contained in this lease, may <br />(but shall be under no obligation to) pay any amount payable by the Tenant hereunder, and <br />perform any other act required to be performed by the Tenant hereunder. The County may <br />enter upon the Leased Premises for such purposes and take any action necessary therefore. <br />(b) All sums so paid by the County and all 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 the respective 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 />(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 Premises occurring <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 Paragraph 17(a)2 or without notice if any emergency exists, perform <br />such obligation for the account and at the expense (including reasonable counsel fees) of the <br />Tenant. The amount of any payment made or expense incurred by the county for such <br />purpose, with interest thereon at the rate of 6% per annum, shall be deemed additional rent and <br />forthwith shall be repaid by the Tenant to the County, or, at the county's election, may be <br />added to any subsequent installment of rent due and payable under this lease. Nothing herein <br />contained shall be deemed to waive any right of the County to sue for and recover by action at <br />law any sums of which the County may have incurred under the provisions of this <br />subparagraph. The provisions of this paragraph shall survive the termination of this lease. <br />23. Right of E . The County or its agent shall with twenty -four (24) hours <br />notice have the right to enter the Leased Premises at 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 Premises that 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 Premises the 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 Premises without 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 />Page 8 of 12 <br />
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