2009-007 Purchasing - Telesis Construction Management, LLC - Parking Deck Lease and Right of First Offer and Right of First Refusal

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delivered by the United States Postal Service via certified mail, return receipt requested, postage prepaid and addressed to the appropriate party(ies) at the following address(es): If to Lessor: Eno River Parking Deck, LLC 1000 Corporate Drive, Suite 109 Hillsborough, NC 27278 Attention: George A. Horton, III If to Lessee: Orange County, North Carolina P.O. Box 8181 Hillsborough, NC 27278 Attention: Pam Jones, Director of Purchasing and Central Services Any such notice or statement delivered by personal delivery shall be deemed delivered and received as of the date of personal delivery. Any notice or statement delivered by next day courier service or United States certified mail as provided above shall be deemed delivered when. delivered to the next day courier service or deposited in the United States mail, and the delivery confirmation or return receipt therefrom, as applicable, shall be deemed prima facie evidence that such notice or statement was received on the date stated on such delivery confirmation or return receipt. (e) Remedies. In the event either party shall (i) default in the performance of any of its obligations pursuant to this Lease and (ii) fail to cure such default within thirty (30) days after the non- defaulting party shall have delivered to the defaulting party written notice of default and demand for cure, the non-defaulting party shall, in addition to any and all rights and remedies otherwise provided in this Lease, have any and all rights and remedies as may be available to it at law or in equity for breach of contract. (f) Waiver. No term, condition or covenant contained in this Lease shall be deemed waived by any act, omission or forbearance, or any series of same, by either Lessor orLessee. The only waivers that shall be effective under this Lease shall be those which are in writing and signed by the party to be charged. No prior notice of non-waiver need be given by a party who has previously forborne from exercising a right hereunder. (g) Condominium Unit Lease. Lessor, Lessee and Telesis Construction Management, LLC acknowledge and agree that this Lease replaces, in its entirety, paragraph 3.01(b) of that certain Lease Agreement made -and entered into by and between Telesis Construction Management, LLC and Lessee having an effective date of February 28, 2007 (the "Condominium Unit Lease"), and both Telesis Construction Management, LLC and Lessee are hereby released and discharged from their respective obligations pursuant to paragraph 3.01(b) of the Condominium Unit Lease. Telesis Construction Management, LLC and Lessee acknowledge that the Parking Area located on the west side of the Gateway Center building that is designated a Class N Limited Common Element in the Declaration of Gateway Center Condominium, which Declaration is recorded at Book 4458, Page 3, Orange County Registry, and identified as "Parking Area 1705 Sq. Ft. 0.039 Acres Class IV Limited Common Element Maximum Number of Spaces (Perpendicular) = 7" on the Gateway Center Condominium plat recorded at Plat Book 103, Page 70, Orange County Registry is not replaced, superceded or in any manner affected by this Lease. Telesis Construction Management, LLC joins in the execution of this Lease for the sole and exclusive purpose of acknowledging and consenting to the provisions of this paragraph 6(g). Telesis Construction Management, LLC shall not otherwise be bound or obligated, in any manner, by any provision of this Lease. (h) No Joint Venture. Nothing in this Lease shall constitute or be construed to constitute a joint venture between Lessor and Lessee. -6-