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Agenda 05-20-25; 8-f - Approval of License Agreement with TABLE Ministries, Inc. for Use of a Portion of Future Twin Creeks Park for Agricultural Production
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Agenda 05-20-25; 8-f - Approval of License Agreement with TABLE Ministries, Inc. for Use of a Portion of Future Twin Creeks Park for Agricultural Production
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BOCC
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5/20/2025
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Business
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Agenda
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8-f
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8 <br /> Property, and the cost of any repairs to the Property which are necessary or <br /> proper to prepare the same for re-licensing. In addition thereto, the <br /> COUNTY may have and recover from TABLE an amount equal to the total <br /> amount of all fees to be paid by TABLE for the remainder of the Term of <br /> this Agreement. <br /> vii. In the event of any re-entry of the Property by the COUNTY pursuant to <br /> any of the provisions of this Agreement, TABLE hereby waives all claims <br /> for damages which may be caused by such-re-entry by the COUNTY and <br /> waives all rights to any crops which may have been planted, except such <br /> claims as arise from the gross negligence or willful misconduct of the <br /> COUNTY; and TABLE shall hold the COUNTY harmless from any loss, <br /> costs (including legal expenses and reasonable attorneys' fees) or damages <br /> suffered by the COUNTY by reason of such re-entry and storage of <br /> TABLE's property, if any. No such re-entry shall be considered or <br /> construed to be a forcible entry. <br /> viii.Upon any breach of this Agreement,regardless of whether such breach is, <br /> or becomes, an Event of Default,the COUNTY shall be reimbursed for any <br /> and all reasonable expenses incurred by the COUNTY, including legal <br /> expenses and reasonable attorneys' fees, in enforcement of the terms and <br /> provisions of this Agreement if the COUNTY is the prevailing party. <br /> ix.The exercise by the COUNTY of any one or more of the remedies provided <br /> in this Agreement shall not prevent the subsequent exercise by the <br /> COUNTY of any one or more of the other remedies herein provided. All <br /> remedies provided for in this Agreement are cumulative and may, at the <br /> election of the COUNTY,be exercised alternatively, successively,or in any <br /> other manner and are in addition to any other rights provided by law. <br /> 11. Termination. This Agreement shall terminate upon the first of the following to occur, <br /> (i) the expiration of the Use Period, (ii)upon the end of the calendar year in which written <br /> notice of termination is given by either party to the other at any time during Use Period, or <br /> (iii) upon TABLE's Default of this Agreement and the COUNTY's written notice of <br /> immediate termination under Section 11 of this Agreement. In addition, if the COUNTY <br /> terminates its License with TABLE due to default by TABLE and the COUNTY reenters <br /> and retakes possession of the Property, such termination of the License shall operate to <br /> terminate this Agreement, but the COUNTY will prorate and reimburse, as necessary, all <br /> usage fees and other payments the for periods extending beyond the termination of the <br /> License. TABLE however shall still owe the COUNTY for any outstanding payments or <br /> fees due for periods through and including the day of termination of this Agreement. <br /> 12. Inspection. The COUNTY at all times shall have the right to inspect and enter the <br /> Property. The COUNTY, its officers, employees and agents may enter the Farm at any <br /> reasonable time as long as it does not damage any of TABLE's crops or hinder TABLE's <br /> use of the Property. <br /> 13. Governing Law. The laws of North Carolina shall govern the validity and <br /> interpretation of the provisions, terms and conditions of the Agreement. <br /> 6 <br />
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