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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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13 <br /> shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor; <br /> and/or (ii)pursue any other remedy now or hereafter available to Lessor under North Carolina <br /> law. <br /> 20. Right of Lessor to Re-Enter. In the event of any termination of this Lease by Lessor or <br /> the enforcement of any other remedy by Lessor under this Lease, Lessor shall have the <br /> immediate right to enter upon and repossess the Premises and remove or store Lessee's personal <br /> property in accordance with the terms of Section 22. Lessee hereby waives all claims arising <br /> from Lessor's re-entering and taking possession of the Premises and removing and storing the <br /> property of Lessee as permitted under this Lease and will save and hold Lessor harmless from all <br /> losses, costs or damages occasioned Lessor thereby. No such reentry shall be considered or <br /> construed to be a forcible entry by Lessor. Lessee hereby expressly waives any and all rights of <br /> redemption granted by or under any present or future laws in the event of Lessee being <br /> dispossessed for any cause, or in the event of Lessor obtaining possession of the Premises, by <br /> reason of the violation by Lessee of any of the terms, covenants or conditions of this Lease, or <br /> otherwise. <br /> 21. Legal Costs. Lessee shall reimburse Lessor, upon demand, for any reasonable costs or <br /> expenses incurred by Lessor in connection with any breach by Lessee or the occurrence of any <br /> Event of Default under this Lease,whether or not suit is commenced or judgment entered. Such <br /> costs shall include reasonable legal fees and costs incurred for the negotiation of a settlement, <br /> enforcement of rights or otherwise. <br /> 02. Ownership of Leasehold Improvements, Surrender of Premises. r,,,..;,,,. th@ T° <br /> aOwnership of the Leasehold Improvements shall be in Lessee.At the expiration of the Term <br /> Mon mutual agreement,the Lease may be renewed for up to <br /> three additional terms of twenty,(years each. Upon the expiration of the Lease and any Comment[gmt17]:The Council of State only <br /> renewal periods Lessee shall promptly quit and surrender the Premises approvedafiftyyearterm. The inclusion of renewal <br /> options is a basic business term that should have <br /> in good order, condition and repair, ordinary wear and tear excepted and if been discussed and agreed upon prior to the matter <br /> aee@pt@d so Jby T ° r,the Leasehold Improvements shall become the property of Lessor. ithall being put on the COS agenda. ]f a parties agree on <br /> any renewal option the matter must go back to COS <br /> upon payment of the then fair market value of the Leasehold for further approval. <br /> Improve to Lessee. At the termination of this Lease, Lessee shall remove any and all of please note that G.S.146-27 limits]ease of state <br /> Lessee's personal property, trade fixtures and equipment from the Premises. All such personal owned land to a period that does not exceed 99 <br /> property,trade fixtures and equipment not so removed by Lessee and remaining on the Premises years. Lessee is propos fixtures a possible total term of <br /> 110 years. <br /> thirty (30)days after the termination of this Lease shall,at Lessor's option,become the property Comment[9mt18]:This a material term that <br /> of Lessor or Lessor may have the property removed or stored, at Lessee's expense. TryM *'-r°o would require fiuther COS approval. <br /> pfap@f y of T°ssip-pMid—zcs;S@@, ca4 its Sol@ east—md--°&EffflW, Shall ° ° rl,° r°.,SPihvia <br /> .,131.,., .,t;,,,.thM° st;,,g M th@ E f f eti °Tl.,t° <br /> Comment[9mt19]:All changes to this section <br /> are rejected. <br /> 23. Holdover. In the event Lessee remains in possession of the Premises after the expiration <br /> of the Term and without the execution of a new lease, Lessee shall occupy the Premises as a <br /> tenancy at sufferance subject to all of the conditions of this Lease insofar as consistent with such <br /> a tenancy. However, either Party shall give not less than sixty (60) days written notice to <br /> Page 8 of]7 <br />
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