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Agenda - 02-19-2013 - 6b
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Agenda - 02-19-2013 - 6b
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Last modified
12/2/2015 9:22:53 AM
Creation date
2/15/2013 11:46:39 AM
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BOCC
Date
2/19/2013
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6b
Document Relationships
2013-546 Lease between Orange County and Piedmont Food and Agriculture Processing Center Corporation dated 3-18-2013
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2013
Minutes 02-19-2013
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\Board of County Commissioners\Minutes - Approved\2010's\2013
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11 <br />Leased Premises and repossess it by force, summary proceedings, ejectment, or <br />otherwise, and may dispossess the Tenant and remove the Tenant and all other persons <br />and property from the Leased Premises and the right to receive all rental income <br />therefrom. <br />(c) At any time after such expiration, the County may relet the Leased <br />Premises or any part thereof, in the name of the County or otherwise, for such tens <br />(which may be greater or less than the period which would otherwise have constituted the <br />balance of the term of this lease) and on such conditions (which may include concessions <br />or free rent) as the County, in its uncontrolled discretion, may determine, and may collect <br />and receive the rent thereof. <br />(d) No such expiration or termination of this lease shall relieve the Tenant of <br />its liability or obligations under this lease, and such liability and obligations shall survive <br />any such expiration or termination. In the event of any such expiration or termination, <br />whether or not the Leased Premises or any part any part thereof shall have been relet, the <br />Tenant shall pay to the County the rent and additional rent required to be paid by the <br />Tenant up to the time of such expiration, and thereafter the Tenant, until the end of what <br />would have been the term of this lease in the absence of such expiration, shall be liable to <br />the County for, and shall pay to the County, as and for liquidated and agreed current <br />damages for the Tenant's default: <br />i) The equivalent of the amount of the rent and additional rent which <br />would be payable under this lease by the Tenant if this lease were <br />still in effect, less <br />ii) The lesser of: <br />1. The fair rental value of the Leased Premises for the remaining <br />term of the lease, after deducting all the County's reasonable <br />expenses in connection with such reletting, including, without <br />limitation, all repossession costs, brokerage Commissions, legal <br />expenses, reasonable attorney's fees, alteration costs, and <br />expenses of preparation for such reletting. <br />2. The net proceeds of any reletting effected pursuant to the <br />provisions of paragraph d. of this article, after deducting all the <br />County's reasonable expenses in connection with such reletting, <br />including, without limitation, all repossession costs, brokerage <br />commissions, legal expenses, reasonable attorney's fees, <br />alteration costs, and expenses of preparation for such reletting. <br />(e) The Tenant shall pay such current damages (herein called "deficiency ") <br />to the County monthly on the days on which the rent and additional rent would have <br />been payable under this lease if this lease were still in effect, and the County shall be <br />entitled to recover from the Tenant each monthly deficiency as such deficiency shall <br />9 lqt <br />
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