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AG 2008 08 18
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AG 2008 08 18
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Last modified
2/1/2009 12:20:07 PM
Creation date
11/27/2017 11:28:46 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/13/2008
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 Enjoyment. 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 Boazd 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 Option. The Board of Education shall have the option to purchase the <br />Leased Property, in whole but not in part, at the end of the Lease Term upon payment to the <br />County of a purchase option price of One Dollar ($1.00). The Board of Education shall notify the <br />County of its exercising of this option within fifteen (15) days after the end of the Lease Term, <br />and within forty-five (45) days thereafter, the County shall execute and deliver all necessary <br />documents conveying to the Board of Education good and marketable title to the Leased <br />Property, subject only to (a) encumbrances, other than the Deed of Trust, referenced in the title <br />insurance binder (the "Permitted Encumbrances") and (b) any encumbrance or imperfection <br />caused by or attributable to the Boazd of Education. <br />ARTICLE VI <br />CONSIDERATION FOR LEASE <br />6.1 Use: Assumption of Obli atg ions. In partial consideration for its acquisition of <br />rights to use the Leased Property during the Lease Term and its option to Purchase the Leased <br />Property, the Board of Education hereby agrees to use the Leased Property for public school <br />purposes in fixlfillment of its obligation, shazed by the County, to provide for elementary and <br />secondary education in the County. In addition, in consideration of its rights under this Lease, the <br />Boazd of Education undertakes the obligations imposed on it hereunder, including those imposed <br />by Section 8.1. <br />,,.. <br />3 <br />
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