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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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5 . 3 . SUCCESSORS . This Lease shall be binding on the County and its administrators <br /> and on the Tenant and its permitted successors in interest . <br /> 5 . 4 . PROHIBITION ON ASSIGNMENT . Tenant shall not, directly or indirectly , assign , <br /> sublease , or transfer the Lease , or any interest therein , or any portion of the Leased <br /> Premises (the foregoing herein collectively "Transfer" ) , without the express prior written <br /> consent of the County. County shall not unreasonably withhold its consent to any Transfer. <br /> Any such attempted Transfer without County approval shall be null and void and may, at <br /> the option of the County , be deemed an event of default under this Lease . Tenant <br /> acknowledges and agrees that the County has the right, in granting or withholding consent <br /> to any Transfer , to consider, among other things , the financial responsibility and business <br /> reputation of the proposed assignee , sublessee , or transferee (the foregoing herein <br /> collectively "Transferee" ) ; and any other items that Indian River County Board of County <br /> Commissioners , in its sole discretion , deems appropriate . If Tenant seeks County's <br /> consent for a Transfer, Tenant shall submit to County a written request therefor, <br /> accompanied by the following documentation : ( i ) the name , address , and telephone <br /> number of the proposed Transferee ; (ii ) an explanation of the food and beverage <br /> concession services that the proposed Transferee will or is likely to make of the Leased <br /> Premises ; and ( iii ) a financial statement or other reasonably detailed financial information <br /> concerning the proposed Transferee . Tenant acknowledges and agrees that: (a ) the <br /> County Administrator or his designee , or the Indian River County Board of County <br /> Commissioners , has the right to request any additional information deemed necessary to <br /> make the decision relating to consent to the Transfer; and ( b) any such request for a <br /> Transfer is expressly subject to the approval of the Transfer by the Board of County <br /> Commissioners at a formal meeting thereof, and such Transfer shall become effective only <br /> when signed by the Transferee and approved by the Board , which consent shall not be <br /> unreasonably withheld . The foregoing covenant shall be binding on the permitted <br /> successors in interest of Tenant. The foregoing covenant shall be binding on the permitted <br /> Transferees of Tenant. The prohibition on Transfers shall not prohibit a change in the form <br /> in which Tenant conducts business . Tenant will be released from further liability under this <br /> Lease in the event of an approved Transfer; provided that the County's consent to any <br /> Transfer, or County's acceptance of Rent from any Transferee , will not otherwise relieve <br /> Tenant from any pre-existing obligation to County under this Lease . <br /> 5 . 5 . PROHIBITION ON ENCUMBRANCES . Tenant shall not mortgage, pledge , or <br /> encumber this Lease , in whole or in part , or the leasehold estate granted under this Lease , <br /> to any other person , firm or entity. Any attempted mortgage , pledge , or encumbrance of <br /> this Lease , or the leasehold estate granted under this Lease , shall be void and may , at the <br /> sole option of the County, be deemed an event of default under this Lease . This covenant <br /> shall be binding on the permitted successors in interest of Tenant . <br /> 5 . 6 . NON-DISCRIMINATION . Tenant for itself, and its permitted successors in interest, as <br /> a part of the consideration for this Lease , does hereby covenant and agree that no person <br /> shall be excluded from participation in , be denied the benefits of, or be otherwise subjected <br /> to discrimination in , the use of the food and beverage concession services offered in or at <br /> 7 <br />
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