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Agenda - 06-18-2013 - 5t
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Agenda - 06-18-2013 - 5t
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6/10/2015 4:01:30 PM
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6/17/2013 9:38:21 AM
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BOCC
Date
6/18/2013
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5t
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2013-544 Sheriff - State of North Carolina Ground Lease Agreement for New Jail $1
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2013
Minutes 06-18-2013
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\Board of County Commissioners\Minutes - Approved\2010's\2013
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12 <br /> assignment,subletting or other transfer,of this Lease in violation of Section 25.1 herein. <br /> 18.3 Hazardous Materials Violation. Any violation of Section 14 by Lessee or any <br /> subtenant of Lessee; provided, however, that such violation shall not constitute an Event of <br /> Default if within ten (10) days of notice of such violation, Lessee shall both deliver to Lessor <br /> such cash security as Lessor may require, in its sole and absolute discretion, in order to fully <br /> protect Lessor and the Premises from and against all claims, losses and costs actually or <br /> potentially caused, as determined by Lessor, and commence to cure such violation and if <br /> thereafter Lessee thereafter pursues such cure to completion in a manner satisfactory to Lessor. <br /> 18.4 Failure to Perform. If Lessee fails to perform any of Lessee's nonmonetary <br /> obligations under this Lease for a period of thirty (30) days after written notice from Lessor; <br /> provided that if more time is required to complete such performance, Lessee shall not be in <br /> default if Lessee commences such performance within the thirty (30)-day period and thereafter <br /> diligently pursues its completion. However, Lessor shall not be required to give such notice if <br /> Lessee's failure to perform constitutes a non-curable breach of this Lease. <br /> 18.5 Other Defaults. If Lessee shall fail to comply with any provision contained <br /> herein or any of the rules commenced by or against it in any legal proceeding to declare it <br /> bankrupt, insolvent or unable to pay its debts,or shall make a general assignment for the benefit <br /> of its creditors. <br /> 18.6 False Statement. The making or furnishing by Lessee on any warranty, <br /> representation or statement to Lessor in connection with this Lease, or any other agreement to <br /> which Lessee and Lessor are parties, which is knowingly false or misleading in any material <br /> respect when made or furnished. <br /> 18.7 Unlawful Purpose. If Lessee allows the Premises to be used for any unlawful <br /> purpose. <br /> Inethical or Fraudulent Actions. If,in its sole discretion,Lessor determines with Comment[]R15]:Because this is ajail this <br /> regard to this Lease, efbut unrelated to 4w,-Lessee's permitted use and Oee" of the se°tionisnot appropriate. aswithalljailsand <br /> prisons there may regularly be baseless legal actions <br /> Premises, that Lessee knowingly has: acted in an unethical or fraudulent manner; or acted in a asserting unethical or unprofessional conduct, <br /> manner that would bring 4w—Lessor into disrepute; or acted in a manner that is in violation of wrongfid death,or other maltreatment of inmates <br /> which could be used to exercise the options related <br /> public policy or in a manner detrimental to the legitimate interests of 4w-Lessor; or has refused to this section. <br /> Lessor's request for information or additional assurances either with respect to 4w—Lessor's <br /> reasonable belief that any of the foregoing defaults may have occurred, or which may otherwise <br /> be required by law.l Comment[gmt16]:Deletion of entire <br /> subsection rejected. Modifications made in attempt <br /> to address Lessee's concerns. <br /> 19. Lessor's Remedies. Upon the occurrence of any Event of Default or failure by Lessee to <br /> perform any obligation of Lessee under this Lease,which failure is not cured within the specific <br /> time periods provided in this Lease or if no specific time period is provided, then within sixty <br /> (60)days after written notice to Lessee(or if such failure cannot be cured within sixty(60)days, <br /> then within such reasonable period of time,provided Lessee proceeds promptly and diligently to <br /> cure such breach), whichever occurs first, then Lessor, at its option may (i) terminate Lessee's <br /> right to possession of the Premises at any time by any lawful means, in which case this Lease <br /> Page 7 of 17 <br />
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