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RES 069 Draft 01 2012-2014
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RES 069 Draft 01 2012-2014
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Entry Properties
Last modified
4/8/2013 8:48:47 AM
Creation date
2/22/2013 2:02:50 PM
Metadata
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Template:
Bill/Resolution
Bill/Resolution - Type
RES
Bill/Resolution - Council Term
2012-2014
Bill/Resolution
069
Draft
01
Introducer
Valerie T. Poindexter, Council Member
Referred To
FC
Action 1
FC - Recommends adoption of Res. 69-13 - 3/12/13
Action 2
Council: Adopts Res. 69-13 & FC-47 - 03/28/13
Status
Adopted
Date To Mayor or Adoption Date
3/28/2013
Reading Number
1
Reading Date
3/28/2013
Ayes
9-Eoff;Ford;Ilagan;Kanuha;Kern;Onishi;Poindexter;Wille;Yoshimoto
Noes
0
Absent
0
Excused
0
Document Relationships
AGE COUNCIL 2013/03/28 2012-2014
(Related To)
Path:
\Council Records\Agendas\2012-2014\Council
AGE FC 2013/03/12 2012-2014
(Related)
Path:
\Council Records\Agendas\2012-2014\Finance Committee (FC)
COM 0158.000 2012-2014
(Related To)
Path:
\Council Records\Communications\2012-2014
REP FC 047 03/12/2013 (2012-2014)
(Related To)
Path:
\Council Records\Reports\2012-2014\Finance Committee (FC)
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foreclosure and preservation of its security interest, less <br /> appropriate credits, including income received from the <br /> privilege, interest, or estate subsequent to the foreclosure; or <br /> (b) if the property cannot be reasonably reassigned without loss <br /> to the County, then terminate the outstanding privilege, <br /> interest, or estate without prejudice to any other right or <br /> remedy for arrears of rent or for any preceding or other breach <br /> or default and use its best efforts to redispose of the affected <br /> land to a qualified and responsible permo, eee and clear of the <br /> mortgage and the debt secured; provided :t,' . reasonable delay <br /> .. <br /> by the Lessor in instituting or prosec it*rights or <br /> remedies shall not operate as a waiv- 0 of these rights or to <br /> deprive it of a remedy when it mays "ti otherwise hope to <br /> resolve the problems created by each or fault . The <br /> proceeds of any redisposition �'"1 be applied, - ' rst, to <br /> reimburse the Lessor for cost -nd expenses in connection with <br /> the redisposition; second, to' dii'z harge in full an `aid <br /> purchase price or other indebtedn °i: o4Ang the Less. in <br /> connection with the privilege, inte ° , , r estate erminated; <br /> third, to the mortgage *the extent Hof the value received by <br /> the County upon redis •siti• which exceeds the fair market lease <br /> value of the land as previ usl 'yM etermined. by ;the County' s <br /> appraiser; and fo rth, to the o r, of the' ivilege, interest, <br /> or estate . Ae Ik <br /> d <br /> 23 1ondemn ion. 4 at any time, during the term of <br /> this lease, any ., rtio ` of the premises should be condemned, or <br /> require• ` public i. --s,, th- --nt shall be reduced in <br /> propo •n to* le vglkie of t tion of the premises condemned. <br /> The see sha =,,be entitled to' receive from the condemning <br /> authors y (a) the lueyf •rowing crops, if any, which Lessee is <br /> not permitted to ha vest , (b) the proportionate value of the <br /> Lessee ' s permanent i "•rovements so taken in the proportion that <br /> it bears to the unexp/°. ed term of the lease; provided, that the <br /> Lessee may, in the arnative, remove and relocate its <br /> improvements to e mainder of the premises occupied by the <br /> Lessee . The Less 'shall not by reason of the condemnation be <br /> entitled to any claim against the Lessor for condemnation or <br /> indemnity for leasehold interest and all compensation payable or <br /> to be paid for or on account of the leasehold interest by reason <br /> of the condemnation shall be payable to and be the sole property <br /> of the Lessor. The foregoing rights of the Lessee shall not be <br /> exclusive of any other to which Lessee may be entitled by law. <br /> Where the portion taken renders the remainder unsuitable for the <br /> use or uses for which the premises were leased, the Lessee shall <br /> have the option to surrender this lease and be discharged and <br /> relieved from any further liability; provided, that Lessee may <br /> 9 <br />
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