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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
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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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13 <br />consent in writing of the County to any further assignment or subletting. Provided, further, <br />County shall not unreasonably withhold consent to assignment. <br />27. Assignment of Interest in Rents. The County shall have the right, <br />without selling its fee interest in the leased property or assigning its interest in this lease, to <br />assign from time to time the whole of the net rent at any time payable hereunder to persons, <br />firms, corporations, trusts or other entities designated by the County in a written notice to the <br />Tenant, and in any such case the Tenant shall pay the net rent, subject to the terms of this <br />lease, to the County's designee at the address mentioned in any such notice for the period <br />covered by such assignment. <br />28. Exoneration from Liab li . 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 />Y <br />part of the Leased Premises, irrespective of how such injury or damage may be caused, <br />whether from action of the elements or acts of negligence of the occupants of adjacent <br />properties, or any other persons; provided that nothing contained herein shall relieve the <br />County of the consequences of his own negligence. The Tenant agrees to defend, indemnify <br />and hold harmless the County from all loss, liability, claims or expense, including attorney's <br />fees, arising out of or related to the Tenant's lease, use, sublease, or occupation of the facility <br />and arising from bodily injury including death or property damage to any person or persons <br />caused in whole or in part by the negligence or misconduct of the Tenant except to the extent <br />same are caused by the negligence or willful misconduct of the County. It is the intent of this <br />provision to require the Tenant to indemnify the County to the fullest extent permitted under <br />North Carolina law. <br />29. Reimbursement of Ex enses. The Tenant shall pay and indemnify the County <br />against all legal costs and charges, including counsel fees lawfully and reasonably incurred, in <br />g g <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 -owned buildings are <br />smoke -free. Tenant shall ensure that employees, customers or invitees of the Tenant abide by <br />the 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 />Page 10 of 12 <br />
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