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2013-546 Lease between Orange County and Piedmont Food and Agriculture Processing Center Corporation dated 3-18-2013
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2013-546 Lease between Orange County and Piedmont Food and Agriculture Processing Center Corporation dated 3-18-2013
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5/11/2016 8:56:16 AM
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12/2/2015 8:55:32 AM
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BOCC
Date
3/18/2013
Meeting Type
Work Session
Document Type
Leases
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Agenda - 02-19-2013 - 6b
(Linked From)
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\Board of County Commissioners\BOCC Agendas\2010's\2013\Agenda - 02-19-2013 - Regular Mtg.
Agenda - 08-21-2012 - 5k
(Linked From)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2012\Agenda - 08-21-2012 - Regular Mtg.
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RB5573 529 6/17 <br /> and in a manner consistent with all applicable food industry and state and federal public health <br /> standards. <br /> 15. Surrender in Same Good Order and Condition. The Tenant shall vacate <br /> the Leased Premises in the good order and repair in which such property now is, ordinary wear <br /> and excepted, and shall remove all its property therefrom so that the County can repossess <br /> the Leased Premises no later than Noon on the day upon which this lease ends, whether upon <br /> notice or by holdover or otherwise. The County shall have the same rights to enforce this <br /> covenant by ejectment and for damages or otherwise as for the breach of any other condition <br /> or covenant of this lease. Tenant may at any time prior to or upon the termination of this lease <br /> or any renewal or extension thereof remove from the leased property all materials, equipment, <br /> and property of every other sort or nature installed by the Tenant thereon, provided that such <br /> property is removed without substantial injury to the leased property. No injury shall be <br /> considered substantial if it is promptly corrected by restoration to the condition prior to the <br /> installation of such property, if so requested by the County. Any such property not removed <br /> shall become the property of the County. <br /> 16. Prohibition Against Unlawful or Extrahazardous Use-Enforcement Against <br /> Subtenants. The Tenant may use and occupy the Leased Premises for food and agricultural <br /> services and office uses and for no other. Tenant shall not use or occupy nor permit the <br /> Leased Premises or any part thereof to be used or occupied for any unlawful business, use or <br /> purpose, nor for any business, use , or purpose deemed extrahazardous, nor for any purpose <br /> or in any manner which is in violation of any present or future governmental laws or <br /> regulations. The Tenant shall promptly after the discovery of any such unlawful or <br /> extrahazardous use take all necessary steps, legal and equitable, to compel the discontinuance <br /> of such use and to oust and remove any subtenants, occupants, or other persons guilty of <br /> such unlawful or extrahazardous use. The Tenant shall indemnify the County against all costs, <br /> expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims and demands, <br /> including reasonable counsel fees, arising out of any violation of or default in these covenants. <br /> 17. County's Right to Cause Expiration or Termination upon Listed Defaults. <br /> (a) The occurrence of any of the following shall constitute an event of default: <br /> i) Delinquency in the punctual payment of any rent or additional rent <br /> payable under this lease when such rent shall become payable. Should <br /> such rent payment not be made when due then upon the expiration of five <br /> days after the due date, such rent payment shall be delinquent. <br /> ii) Delinquency by the Tenant in the performance of or compliance with any <br /> of the conditions contained in this lease other than those referred to in the <br /> foregoing subparagraph 1, for a period of thirty (30) days after written <br /> notice thereof from the County to the Tenant. In the event, Tenant is <br /> incapable of curing the default within such thirty (30) day period, the <br /> County may in its discretion extend the time for as long as the County <br /> deems necessary to cure such default. Provided, however, the Tenant <br /> shall promptly and diligently commence action to cure such default and <br /> provide County with evidence of Tenant's intent to cure the default. Any <br /> additional period of time beyond thirty (30) days granted to Tenant to cure <br /> any default shall not be so extended as to jeopardize the interest of the <br /> County in this lease or so as to subject the County to any civil or criminal <br /> liabilities. <br /> 6 <br />
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