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1997 S Lease Approval 501 W Franklin Street Suite 106
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1997 S Lease Approval 501 W Franklin Street Suite 106
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7/23/2013 2:39:17 PM
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BOCC
Date
5/21/1997
Meeting Type
Regular Meeting
Agenda Item
8k
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Agenda - 05-21-1997 - 8K
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\Board of County Commissioners\BOCC Agendas\1990's\1997\Agenda - 05-21-1997
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E. The Tenant shall pay such current damages (herein called "deficiency") to the <br /> County monthly on the days on which the rent and additional rent would have been <br /> 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 /> arise. At any time after any such expiration, whether or not the County shall have <br /> collected any monthly deficiency, the County shall be entitled to recover from the <br /> Tenant, and the Tenant shall pay to the County, on demand, as and for liquidated and <br /> agreed final damages for the Tenant's default, an amount equal to the difference <br /> between the rent and additional rent reserved hereunder for the expired portion of the <br /> lease of the leased property for the same period. In the computation of such damages <br /> the difference between any installment of rent becoming due hereunder after the date <br /> of termination and the fair and reasonable rental value of the leased property for the <br /> period for which such installment was payable shall be discontinued to the date of <br /> termination at the rate of four percent per annum. <br /> F. The terms "enter", "reenter", "entry", <br /> ry , or reentry as used in this lease are not <br /> restricted to their technical meaning. <br /> 18. Lien on Tenant's Improvements and Personal Property. The <br /> County shall have first lien paramount to all others on every right and interest of the <br /> Tenant in and to this lease, and on any building or improvement on or hereafter placed <br /> on the leased property, and on any furnishings, equipment, fixtures, or other personal <br /> property of any kind belonging to the Tenant, or the equity of the Tenant therein, on the <br /> leased property. Such lien is granted for the purpose of covenanted to be paid by the <br /> Tenant, and for the purpose of securing the performance of all of the Tenant's <br /> obligations under this lease. Such liens shall be in addition to all rights of the County <br /> given under statutes of this state, which are now or shall hereinafter be in effect. The <br /> provisions of this paragraph shall not be applicable to liens existing at the <br /> commencement of this lease. <br /> Provided, that County may, at his option, agree to subordinate this lien to <br /> liens arising in connection with purchased of equipment or leasehold improvement <br /> financing by Tenant, which agreement County covenants not to unreasonably withhold. <br /> 19. County's Right to Receiver upon Tenant's Default. In addition to <br /> any other security for the performance of this lease, the Tenant hereby assigns to the <br /> County all of the rents and profits which might otherwise accrue to the Tenant from the <br /> use, enjoyment, and operation of the leased property, such assignment to become <br /> effective, however, only after default by the Tenant in the performance of its obligations <br /> under this lease. If the County, upon default of the Tenant, elects to file a suit in equity <br /> to enforce the lease and protect the County's right hereunder, the County may upon <br /> notice to the Tenant, as ancillary to such suit, apply to any court having jurisdiction for <br /> the appointment of a receiver of the leased property, the improvements and buildings <br /> located thereon, the personal property located therein, and thereupon the court may <br /> forthwith appoint a receiver with the usual powers and duties of receivers in like cases. <br /> Such appointment shall be made by such court as a matter of strict right to the County <br /> and without consideration of the adequacy of the value of the Tenant's interest in the <br /> lease, or of the value of the property, or the commission of waste thereon, or the <br /> deterioration thereof. Nothing herein shall prevent the enforcement of the County's lien <br /> 8 <br />
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