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Agenda - 03-27-2007-9b
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Agenda - 03-27-2007-9b
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Last modified
8/29/2008 5:21:12 PM
Creation date
8/28/2008 11:31:15 AM
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Template:
BOCC
Date
3/27/2007
Document Type
Agenda
Agenda Item
9b
Document Relationships
Minutes - 20070327
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2007
S Purchasing - CHCCS Establishing a Lease Agreement & Agency Agreement for Elementary School # 10
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2007
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4 <br />NOW, THEREFORE, for and in consideration of the mutual promises contained herein, <br />the parties agree as follows: <br />1. The County will lease all Contract Property to the School Soard <br />a) Demise. The County hereby leases the Contract Property to the School Board, and <br />the School Board hereby leases the Contract Property from the County, in accordance with the <br />provisions of this Agreement, to have and to hold for the Lease Term: The Lease Term commences <br />upon the execution of this Agreement by the County and the School Board, without the need for <br />further action by any party. <br />The School Board must prepare and record a Memorandum of Lease, substantially in the <br />form of Exhibit C, with respect to the Contract Property promptly upon the commencement of the <br />Lease Term. <br />b) Termination. The Lease Term terminates with respect to the Contract Property <br />forty (40) years following the commencement date or upon the conveyance of the Contract Property <br />to the School Board pursuant to Section 3, whichever date sooner occurs. <br />c) Quiet Enjoyment. The County covenants that the School Board will during the <br />Lease Term peaceably and quietly have and hold and enjoy the Contract Properly without suit, <br />trouble or hindrance from the County, except as expressly required or permitted by this Agreement. <br />The County will not interfere with the School Board's quiet use and enjoyment of the Contract <br />Property during the Lease Term. The County will, at the School Board's request and the County's <br />cost, join and cooperate fully in any legal action in which the School Board asserts its right to such <br />possession and enjoyment, or which involves the imposition of any taxes or other governmental <br />charges on or in connection with the Contract Property. In addition, the School Board may at its <br />own expense join in any legal action affecting its possession and enjoyment of the Contract <br />Property and will be joined (to the extent legally possible, and at the School Board's expense) in any <br />action affecting its liabilities under this Agreement. <br />d) Consideration. In partial consideration for its acquisition of rights to use the <br />Contract Property during the Lease Term, the School Board agrees to use the Contract Property for <br />public education in fulfillment of its obligation, shared by the County, to provide for educational <br />services in the County. In addition, in consideration of its rights under this Agreement, the School <br />Board undertakes the obligations imposed on it under this Lease, including those imposed by <br />Section 1(e). <br />e) Care and Maintenance. The School Board shall have all responsibilities for the <br />maintenance, care, security and safekeeping of the Contract Property, including (without limitation) <br />the following: <br />E~zviro~an:ental matters - to maintain the Contract Property in compliance with <br />all federal, State and local environmental laws and regulations,'and to notify the County in the <br />
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