AG 2010 01 19 - Laserfiche WebLink

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(A) Lessor shall have the right to continue this Lease in frill force and effect, and the right to enter the Premises and relet them. Lessee shall be liable immediately to Lessor for all costs Lessor shall incur in reletting the Premises and Lessee shall pay to Lessor the rent due under this Lease on the date that the rent is due, less the rent Lessor receives from any reletting. (B) Lessor shall have the right to terminate this Lease without notice to vacate (any right to which is waived by Lessee) and Lessee's rights to possession of the Premises at any time, and re-enter the Premises and Lessor shall have the right to pursue its remedies at law or in equity to recover of Lessee all amounts of rent then due or thereafter accruing and such other damages as are caused by Lessee's default. (C) No course of dealing between Lessor and Lessee or any delay on the part of Lessor in exercising any rights it may have under this Lease shall operate as a waiver of any of the rights of Lessor hereunder nor shall arty waiver of a prior default operate as a waiver of any subsequent default or defaults and no express waiver shall affect any condition, covenant, rule or regulation other than the one specified in such waiver and that one only for the time and in the manner specifically stated. 6. END OF TERM HOLDING OVER AND ATTORNEY'S FEES. Upon the expixation.of.the-.term:,or other termination .of this Lease, Lessor may convey the Premises in fee simple to Lessee either by deed of gift to be added by Lessee to the lands of the Elma C. Lomax Incubator FatYn Park or by deed pursuant to purchase by the Lessee. If the Premises is conveyed pursuant to,a purchase, the parties shall mutually ao ee on an, appraiser to appraise the Premises and such appraiser's determined value shall be the purchase price, or the appraised value of the gift, if that option is chosen by the Lessor. Lessee shall pay the costs for the appraiser, but the third party appraiser shall accept, in writing, that he is hired as a paid agent for both parties, insuririg the absence of any actual, or apparent conflict of interest. Lessor tnay initiate gift or sale conveyance considerations, prior to any annual renewal, as his tax considerations may require, and on mutual agreement, gift or sale transfers of the property tnay take place at any time agreed, for the convenience of the parties. Any gift to or purchase of the Premises by Lessee shall contain a right of tevet•sion in favor of Lessor that if the Premises is not used incident to the construction and operation of the Ehna C. Lomax Incubator Farm, then the Premises shall revert to Lessor, or the Lessor's heirs and assigns. In the event of reversion, or cancellation of the lease, the property will be rehuned with the existing systems properly maintained and usable, and Lessor will have the right to occupy, and use the premises, from the date of reversion, or cancellation, as two residences, and Lomax Enterprises office, without further permitting, inspections, fees, or occupancy permits, and with electrical services continued as at•e now in effect, for both buildings, restored to the Lessor's name, by the electrical provider. If any rent or other sum owing under this Lease is collected by or tlu•ough an attorney-at-law, Lessee agrees to pay Lessor's reasonable attorneys fees. Notwithstanding any other provisions of this Lease, should County Manager John D. Day no longer be employed by the Lessee, Lessor may tettninate this Lease on sixty (60) days written notice to Lessee. 7. USE OF PREMISES. The Premises shall be used and occupied by Lessee for any lawful purpose incident to the construction and operation of the Elma C. Lomax Incubator Fartn Parlc. All rights of Lessee tinder this Lease ace conditional upon such use. Lessee shall not use the Premises or any portion thereof for any illegal or unlawful purpose and will not cause or permit a nuisance to be created or maintained therein. 3. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this Lease or sublet the Premises or any part thereof without the prior written consent of Lessor. Consent by Lessor to one assigmnent or subletting shall not operate as a waiver as to firture assignments or Attachment number 2 F-~ Page 65