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Agenda - 09-19-2017 - 8-c - Seal the Seasons, Inc. Lease – 501 W. Franklin Street - Suites 105 and 106
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Agenda - 09-19-2017 - 8-c - Seal the Seasons, Inc. Lease – 501 W. Franklin Street - Suites 105 and 106
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9/14/2017 4:35:50 PM
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9/15/2017 10:47:45 AM
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BOCC
Date
9/19/2017
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8c
Document Relationships
2017-622 AMS - Seal the Seasons, Inc. - Initial Lease Revenue
(Message)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2017
Minutes 09-19-2017
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Path:
\Board of County Commissioners\Minutes - Approved\2010's\2017
RES-2017-057 Resolution to approve leasing property at 501 West Franklin St., Chapel Hill, NC, for up to ten years
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2017
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9 <br /> and tear 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 or <br /> 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 Premises 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 Premises. 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 Extra-Hazardous Use and Enforcement <br /> Against Subtenants. The Tenant may use and occupy the Leased Premises for general office <br /> uses and for no other purpose without the prior written consent of County. Tenant shall not use <br /> or occupy nor permit the Leased Premises or any part thereof to be used or occupied for any <br /> unlawful business, use or purpose, nor for any business, use, or purpose deemed extra- <br /> hazardous, nor for any purpose or in any manner which is in violation of any present or future <br /> governmental laws or regulations. The Tenant shall promptly, after the discovery of any such <br /> unlawful or extra-hazardous use, take all necessary steps, legal and equitable, to compel the <br /> discontinuance of such use and to oust and remove any subtenants, occupants, or other <br /> persons guilty of such unlawful or extra-hazardous use. The Tenant shall indemnify the County <br /> against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, <br /> claims, and demands, including reasonable counsel fees, arising out of any violation of or <br /> 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 /> 1. Delinquency in the punctual payment of any rent or additional rent payable <br /> under this Lease when such rent shall become payable. Should such rent payment not be <br /> made when due then upon the expiration of five days after the due date, such rent payment <br /> shall be delinquent. <br /> 2. 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 foregoing <br /> subparagraph 1, for a period of 30 days after written notice thereof from the County to the <br /> Tenant. In the event, Tenant is incapable of curing the default within such thirty (30) day period, <br /> the County may in its discretion extend the time for as long as the County deems necessary to <br /> cure such default. Provided, however, the Tenant shall promptly and diligently commence <br /> action to cure such default and provide County with evidence of Tenant's intent to cure the <br /> default. Any additional period beyond thirty (30) days granted to Tenant to cure any default <br /> shall not be extended to jeopardize the interest of the County in this Lease or to subject the <br /> County to any civil or criminal liabilities. <br /> 3. Filing by the Tenant in any court pursuant to any statute, either of the <br /> United States or any state, or a petition in bankruptcy or insolvency or for reorganization, or for <br /> the appointment of a receiver or trustee of all or a portion of the Tenant's property, or an <br /> assignment by the Tenant for the benefit of creditors. <br /> Page 5 of 12 <br />
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