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Agenda - 05-21-1997 - 8K
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Agenda - 05-21-1997 - 8K
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7/22/2013 2:22:58 PM
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BOCC
Date
5/21/1997
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8K
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1997 S Lease Approval 501 W Franklin Street Suite 106
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\1990's\1997
Minutes - 19970521
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\Board of County Commissioners\Minutes - Approved\1990's\1997
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1� <br /> 25. Condemnation. If the whole of the leased property, or such portion thereof as <br /> will make the leased property unsuitable for the purposes herein leased, is condemned for any <br /> public use or purpose by any legally constituted authority, then in either of such events this <br /> lease shall cease from the time when possession is taken by such public authority and rental <br /> shall be accounted for between the County and the Tenant as of the date of the surrender of <br /> possession. Such termination shall be without prejudice to the rights of either the County or <br /> the Tenant to recover compensation from the condemning authority for any loss or damage <br /> caused by such condemnation. Neither the County nor the Tenant shall have any rights in or <br /> to any award made to the other by the condemning authority. <br /> 26. Assignment of Lease. The Tenant shall not assign, mortgage, or encumber this <br /> lease, nor sublet or permit the leased property or any part thereof to be used by others, without <br /> the prior written consent of the County in each instance. If this lease is assigned, or if the <br /> leased property or any part thereof, is sublet, or occupied by anybody other than the Tenant, <br /> the County may, after an event of default, as hereinabove defined, by the Tenant, collect rent <br /> fro the assignee, subtenant, or occupant and apply the net amount collected to the rent herein <br /> reserved. No such assignment, subletting, occupancy or collection shall be deemed a waiver <br /> of this covenant, or the acceptance of this assignee, subtenant, or occupant as tenant, or a <br /> release of covenants in this lease. The consent by the County to an assignment or subletting <br /> shall not be construed to relieve the Tenant from obtaining the consent in writing of the County <br /> to any further assignment or subletting. Provided, further, County shall not unreasonably <br /> withhold consent to assignment. <br /> 27. Assignment of Interest in Rents. The County shall have the right, without <br /> selling its fee interest in the leased property or assigning its interest in this lease, to assign <br /> from time to time the whole of the net rent at any time payable hereunder to persons, firms, <br /> 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. Subordination to Future Mortgages. This lease shall be subject and <br /> subordinate at all times to the lien of mortgages which hereafter may be made a lien on the <br /> leased property by the County or his assigns. Although no instrument or act on the part of the <br /> Tenant shall be necessary to effectuate such subordination, the Tenant will, nevertheless, <br /> execute and deliver such further instruments subordinating this lease to the lien of any such <br /> mortgages as may be desired by the mortgagee, provided mortgagee shall agree to and shall <br /> execute an attornment agreement suitable to Tenant. <br /> 29. Exoneration from Liability. 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 /> part of the leased property, 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. <br /> 30. Reimbursement of Expenses. The Tenant shall pay and indemnify the <br /> County against all legal costs and charges, including counsel fees lawfully and reasonably <br />
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