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2013-544 Sheriff - State of North Carolina Ground Lease Agreement for New Jail $1
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2013-544 Sheriff - State of North Carolina Ground Lease Agreement for New Jail $1
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Last modified
3/2/2016 10:18:32 AM
Creation date
9/30/2013 4:59:49 PM
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BOCC
Date
6/18/2013
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
5t
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Agenda - 06-18-2013 - 5t
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\Board of County Commissioners\BOCC Agendas\2010's\2013\Agenda - 06-18-2013 - Regular Mtg.
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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. Le ag l 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 render this Lease, whether or not suit is commenced or judgment entered. Such <br /> costs shall include reasonable Iegal fees and costs incurred for the negotiation of a settlement, <br /> enforcement of rights or otherwise. <br /> 22. Ownership of Leasehold Improvements; Surrender of Premises. Ownership of the <br /> Leasehold Improvements shall be in Lessee. At the expiration of the Term, upon mutual <br /> agreement, the Lease may be renewed for up to three additional terms of twenty (20) years each. <br /> Upon the expiration of the Lease and any renewal periods Lessee shall promptly quit and <br /> surrender the Premises in good order, condition and repair, ordinary wear and tear excepted and <br /> the Leaschold Improvements shall become the property of Lessor upon payment of the then fair <br /> market value of the Leasehold Improvements to Lessee. At the termination of this Lease, Lessee <br /> shall remove any and all of Lessee's personal property, trade fixtures and equipment from the <br /> Premises. All such personal property, trade fixtures and equipment not so removed by Lessee <br /> and remaining on the Premises thirty (30) days after the termination of this Lease shall, at <br /> Lessor's option, become the property of Lessor or Lessor may have the property removed or <br /> stored, at Lessee's expense. <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 /> terminate the tenancy. In addition, Lessee shall 'indemnify, defend and hold Lessor harmless <br /> from any and all claims, losses, damages, costs and expenses (including reasonable attorneys` <br /> fees and costs), incurred by Lessor in connection with any holdover by Lessee, including any <br /> claims, losses or damages relating to any prospective tenant of the Premises. <br /> 24. Miscellaneous, <br /> 24.1 Assignment and Subletting. Lessee shall not assign this Lease nor sublet all or <br /> part of the Premises without the prior written consent of Lessor. <br /> Page 8 of 17 <br />
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