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Agenda - 04-07-2009 -6b
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Agenda - 04-07-2009 -6b
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Last modified
7/30/2009 9:18:18 AM
Creation date
4/6/2009 4:44:29 PM
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BOCC
Date
4/7/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6b
Document Relationships
2009-006 AMPS - Eno River Parking Deck LLC right of first offer
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Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
2009-007 Purchasing - Telesis Construction Management, LLC - Parking Deck Lease and Right of First Offer and Right of First Refusal
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
2009-015 AMPS - Telesis Construction Management - Library - Building County Campus 1.) Purchase and Sale Contract Amendment and 2.) Long-Term Lease of 200 Spaces on Parking Deck'
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
2009-016 Purchasing - Telesis Construction Management, LLC - Amendment to Agreement dated 1-15-2008 for Construction Manager At Risk Services
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
2009-017 Purchasing - Telesis Construction Management, LLC - Amendment to Agreement of Purchase and Sale (Library Building) dated 2-1-2008
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
2009-018 Purchasing - Telesis Construction Management, LLC - Amendment to Agreement of Purchase and Sale (Office Building) dated 2-1-2008
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
2010-123 AMS - Eno River Parking Deck LLC Lease Eno River Parking Deck
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2010
Minutes - 20090407
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Path:
\Board of County Commissioners\Minutes - Approved\2000's\2009
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Z~ <br />be satisfactory, Lessee shall tender the purchase price to Lessor and Lessor shall thereupon deliver to <br />Lessee a good and sufficient Special Warranty Deed conveying the Property to the Lessee free and clear <br />of all encumbrances. All Annual Rent and Shared Operating Costs shall be pro-rated between grantor <br />(Lessor) and grantee (Lessee) as of the date of the closing of the purchase and sale of the Property. <br />Current year's ad valorem property taxes on the Property shall be paid or prepaid by grantor (Lessor) with <br />grantee's (Lessee's)pro-rated share of those taxes added to the agreed purchase price. <br />Lessee's notice of election to purchase pursuant to the right of first refusal granted <br />herein shall be sufficient if deposited in the United States mail, postage prepaid, addressed to Lessor at <br />Lessor's address contained in paragraph 6(d) of this Lease concerning Notices, at or before midnight of <br />the day on which the right of fast refusal expires. <br />Section S Representations and Warranties of Lessor. Lessor represents and warrants to Lessee <br />(each of which representations and warranties shall be true as of the date Lessor executes this Lease and <br />as of the commencement of the initial term of this Lease) as follows: <br />5.01 Lessor is a limited liability company duly organized, validly existing and <br />in good standing in accordance with the laws of the State of North Carolina. Lessor has full right, power <br />and authority to enter into this Lease and to consummate the Lease contemplated herein; all required <br />action necessary to authorize Lessor to enter into this Lease and to consummate the Lease contemplated <br />herein has been taken, and the joinder of no person or entity other than Lessor will be necessary to convey <br />the Property fully and completely to Lessee as provided herein. <br />5.02 No person has been granted any license, lease or other right relating to <br />the use or possession of any of the Parking Spaces herein leased to Lessee except to the extent otherwise <br />expressly provided in this Lease. No person has been granted an option to purchase, a right of first offer <br />or a right of first refusal as to the Property except Lessee as expressly provided in this Tease. <br />5.03 To the best of Lessor's knowledge, there is no action, suit or proceeding <br />pending or threatened against or affecting the Property or any part thereof, or relating to or arising out of <br />Lessor's ownership of the Property or any part thereof, or by any federal, state, county or municipal <br />department, commission ,board, bureau or agency or other governmental instrumentality, nor is there any <br />attachment, execution, assignment for the benefit of creditors or voluntary or involuntary proceeding in <br />bankruptcy or under other debtor relief laws contemplated by or pending or threatened against Lessor or <br />the Properly. <br />5.04 There exists no contract, service agreement or obligation affecting the <br />Properly which is in addition to or different from those which have been furnished or otherwise disclosed <br />to Lessee. <br />5.05 Lessor has no knowledge of any release, discharge or storage of any <br />Hazardous Material on or upon the Property or any part thereof in violation of any Environmental Laws. <br />Lessor will not permit, suffer or allow any such Hazardous Material to be released, discharged or stored <br />upon the Property or any part thereof in violation of any Environmental Laws at any time during the Terns <br />or prior to a closing of the purchase and sale of the Property in the event Lessee exercises the right of first <br />offer or right of first refusal provided for herein. <br />For purposes of this Lease, Hazardous Materials means and includes petroleum, <br />petroleum byproducts, (including, but not limited to,) crude oil, diesel oil, fuel oil, gasoline, Lubrication <br />oil, oil refuse, oll mixed with other waste, oil sludge, and all other liquid hydrocarbons, regardless of <br />specific gravity, natural or synthetic gas products, asbestos, PCB, and/or any hazardous substance or <br />-4-- <br />
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