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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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E:] <br />property of every other sort or nature installed by the Tenant thereon, provided that such <br />property is removed without substantial injury to the leased property. No injury shall be <br />considered substantial if it is promptly corrected by restoration to the condition prior to the <br />installation of such property, if so requested by the County. Any such property not removed <br />shall become the property of the county. <br />16. Prohibition Against Unlawful or Extra - hazardous Use - Enforcement Against <br />Subtenants. The Tenant may use and occupy the Leased Premises for adult day care and <br />office uses and for no other purpose without the prior written consent of County. Tenant shall <br />not use or occupy nor permit the Leased Premises or 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 guilty of 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 Riqht to Cause Expiration or Termination upon 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. In the event, Tenant is incapable of curing the default within such thirty (30) day <br />period, the County may in its discretion extend the time for as long as the county deems <br />necessary to cure such default. Provided, however, the Tenant shall promptly and diligently <br />commence action to cure such default and provide County with evidence of Tenant's intent to <br />cure the default. Any additional period of. time. beyond Thirty (3.0) days granted to Tenant to cure <br />any default shall 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 />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 Premises to the County, and the County, upon or at any time after such <br />Page 5 of 12 <br />
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