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2009-178
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2009-178
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Last modified
3/10/2016 9:24:36 AM
Creation date
10/1/2015 3:39:54 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
06/16/2009
Control Number
2009-178
Agenda Item Number
13.F.
Entity Name
Cumberland Farms Inc.
Subject
Leasen Agreement Stipulated Order or Take
Extended Possession Agreement
Area
Oslo Road and 27th Ave.
Supplemental fields
SmeadsoftID
10713
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SECTION IV - COUNTY RESPONSIBILITIES <br /> 1 . Obligations to Provide Facilities . County leases the premises in " as is <br /> condition . Tenant shall be responsible for all repairs and maintenance to the leased <br /> premises and properties . Tenant has inspected the premises and facilities and agrees <br /> that they are adequate facilities and the facilities adhere to current federal and state <br /> safety standards . <br /> SECTION V - DEFAULT , REMEDIES <br /> 1 . Default by Tenant . In the event Tenant is in default under the terms of <br /> this <br /> Agreement , after three ( 3 ) days written notice and opportunity to cure , County may , in <br /> addition to any right of termination provided in this Agreement , maintain an action for <br /> damages arising from the default . <br /> 2 . Default by County . In the event that County is in default under the terms of this <br /> Agreement after any grace period or notice and cure period expressly provided herein , <br /> Tenant may , in addition to any right of termination contained in this Agreement , exercise <br /> any right or remedy available at law or equity including , without limitation , an action for <br /> damages arising out of the breach . <br /> SECTION VI - MISCELLANEOUS <br /> 1 . In connection with this Agreement , the parties agree to cooperate in good faith <br /> and to perform no act , or allow any omission , which would inhibit the other party from <br /> performing its obligations under this Agreement . <br /> 2 . This Agreement , together with the Exhibits , constitutes the entire agreement <br /> between the parties with respect to the subject matter hereof and merges all prior and <br /> contemporaneous communications . This Agreement shall not be modified except by a <br /> written agreement dated subsequent to the date of this Agreement and signed on behalf <br /> of County and Tenant by their respective duly authorized representatives . <br /> 3 . Any notice which either party is required or may desire to give to the other under <br /> this Agreement shall be in writing and shall be given by registered or certified mail , <br /> return receipt requested , postage prepaid , addressed to the party at its address shown <br /> on the First Page of this Agreement . If County or Tenant wishes to change its respective <br /> address for purposes of notice under this Agreement , they may do so by giving to the <br /> other written notice of change of address . <br /> 4 . Nothing in this Agreement shall be construed to create a partnership , a joint <br /> venture or agency relationship between the parties . Neither party shall have any <br /> authority to enter into agreements on behalf of the other , or otherwise to bind or obligate <br /> the other in any manner . The language of this Agreement shall not be construed more <br /> strongly against either party , regardless of which party is responsible for its drafting . <br /> 6 <br />
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