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AG 2009 01 20
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AG 2009 01 20
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Last modified
2/5/2010 8:20:06 AM
Creation date
11/27/2017 11:24:44 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
2/5/2010
Board
Board of Commissioners
Meeting Type
Regular
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(b) An Event of Default and termination by the County pursuant to Article XII. <br />Termination of the Lease Term shall terminate all the County's obligations under this <br />Lease, and shall, terminate the Board of Education's rights of possession under this Lease, but all <br />other provisions of this Lease, including the receipt and disbursement of finds, shall be <br />continuing until the Financial Contract is discharged as provided therein. <br />ARTICLE V <br />QUIET ENJOYMENT; PURCHASE OPTION <br />5.1 Ouiet Enjo ent. The County hereby covenants that the Board of Education <br />shall, during the Lease Term, peaceably and quietly have and hold and enjoy the Leased Property <br />without suit, trouble or hindrance from the County, except as expressly required or permitted by <br />this Lease. The County shall not interfere with the quiet use and enjoyment of the Leased <br />Property during the Lease Term. The County shall, at the Board of Education's request and the <br />County's cost, join and cooperate fully in any legal action in which the Board of Education <br />assets its right to such possession and enjoyment, or which involves the imposition of any taxes <br />or other governmental charges on or in connection with the Leased Property. In addition, the <br />Board of Education may at its own expense join in any legal action affecting its possession and <br />enjoyment of the Leased Property, and shall be joined (to the extent legally possible, and at the <br />Board of Education's expense) in any action affecting its liabilities hereunder. <br />5.2 Purchase O tp ion. <br />~_a_~The Board of Education shall have the option to purchase the Leased Property, <br />in whole but not in part, at the end of the Lease Term upon payment to the County of a purchase <br />option price of One Dollar ($1.00). The Board of Education shall notify the County of its <br />exercising of this option within fifteen (15) days after the end of the Lease Term, and within <br />forty-five (45) days thereafter, the County shall execute and deliver all necessary documents <br />conveying to the Board of Education good and marketable title to the Leased Property, subject <br />only to (a) encumbrances, other than the Deed of Trust, referenced in the title insurance binder <br />(the "Permitted Encumbrances") and (b) any encumbrance or imperfection caused by or <br />attributable to the Board of Education. <br />(hl Notwithstanding the foregoing. the County shall not he entitled to sell or in any way <br />convey the Leased Property during the Lease Term without the prior written consent of the <br />B and of Education. The Board of Education hall have the right to file a Memorandum of Lease <br />in the Cabarrus County Public Registry and such Memorand ~m of Lease hall provide notice of <br />among other items. the purchase option set forth above and the foregoing restriction on <br />conveyance of the Leased Property. The County agrees that it chap rnnnPrate w;th rhP Rnarrl of <br />Education in executing any such Memorandum of Lease in a timely fashinn_ <br />Item# 7 <br />Attachment number 2 <br />F - 5 Page 121 of 253 <br />
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