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2007-229
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2007-229
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Last modified
5/31/2016 11:31:07 AM
Creation date
9/30/2015 10:54:53 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/24/2007
Control Number
2007-229
Agenda Item Number
7.G.
Entity Name
Capcan Inc.
Subject
Concession Lease Agreement - Capcan,Inc.(aka C.J. Cannons)
Area
County Administration Bldg. A
Supplemental fields
SmeadsoftID
6386
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terminate this Lease at any time , upon five (5) days written notice to Tenant, in the event <br /> Tenant receives two (2 ) notices of failed health or sanitation inspections within any six (6 ) <br /> month period , whether or not Tenant has cured the condition that gave rise to the failed <br /> health or sanitation inspections . <br /> 7 . 4 In the event Tenant fails to cure the Event of Default within thirty (30 ) days , or within <br /> three (3 ) calendar days from receipt of notice by Tenant of a failed health or sanitation <br /> inspection , as applicable , this Lease shall be deemed to be terminated with no further <br /> action by the County. In no event , however, shall such termination relieve Tenant of its <br /> obligation to pay any and all remaining rent due and owing to the County for the period up <br /> to and including the date of termination or to provide any and all remaining reports to the <br /> County for such period . <br /> 7 . 5 . COUNTY RIGHTS . Nothing contained in this Lease shall restrict the rights of the <br /> County to terminate this Lease upon written notice to Tenant as set forth in this Lease . The <br /> County has the right to terminate this Lease at any time , upon sixty (60) days advance <br /> written notice to Tenant if the food and beverage service is deemed by the County to be <br /> unsatisfactory and Tenant has not cured the deficiencies . <br /> 7 . 6 . TERMINATION BY TENANT. Tenant shall have the right, upon providing thirty (30 ) <br /> days prior written notice to the County, to terminate this Lease at any time after the <br /> occurrence of one or more of the following events : (a) Issuance by any court of competent <br /> jurisdiction of any injunction substantially restricting the use of the Leased Premises for <br /> commercial purposes , and such injunction remaining in force for a period of more than <br /> sixty (60 ) calendar days ; or ( b ) A breach by the County of any of the terms , covenants or <br /> conditions contained in this Lease and the failure of the County to remedy such breach for <br /> a period of thirty (30 ) calendar days after receipt of written notice thereof. Tenant has the <br /> right, with prior written notice of sixty (60 ) days to County, to terminate this Lease if, in the <br /> sole opinion of Tenant , profitable sales cannot be reached by Tenant under this Lease . <br /> The notice to County shall specify the date by which Tenant intends to stop food and <br /> beverage operation under this Lease. <br /> 7 . 7 . EXCUSE . Tenant shall not be considered in default for a failure to perform if such <br /> failure arises out of unavoidable delays as defined in this Lease through no fault or <br /> negligence of the Tenant . <br /> 7 . 8 . RIGHT OF POSSESSION ON DEFAULT. The County may retake possession of the <br /> Leased Premises without judicial action upon surrender or abandonment of the Leased <br /> Premises by the Tenant. Should Tenant fail to cure a default under the Lease Agreement <br /> or in the alternative to surrender or abandon possession of the Leased Premises within the <br /> time provided , the County shall have the right to recover possession of the Leased <br /> Premises as provided by law . The County's retaking of possession of the Leased <br /> Premises , whether by the Tenant's surrender or abandonment of the Leased Premises , or <br /> by judicial action , shall not be deemed a waiver of any of the County' s other claims , rights <br /> or remedies and will not terminate the Lease , absent notice of termination by the County . <br /> 11 <br />
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