2001 S Co Attorney - Smith Middle School Ground Lease Agreement with UNC

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groundlease- rev -c12. orange specifications for any other purpose. Landlord's review of (or failure to review) any such plans or specifications as may be submitted to it shall not render Landlord liable therefore. Nothing contained in this Lease shall constitute any consent or request by Landlord, express or implied, for the performance of any labor or services or the furnishing of any materials or other property in respect to Premises or any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the performance of any labor or services or the claim against Landlord in respect thereof. ARTICLE V. LANDLORD'S COVENANTS. 5.1 Landlord's Obligations. Subject to Tenant's performance of its obligations hereunder, Landlord makes the following assurances to Tenant: 5.1.1 Assistance of Landlord. Landlord shall act reasonably to cooperate with Tenant in executing such documents and instruments as shall be required by governmental agencies to construct any Improvements, and to obtain the licenses and permits required by applicable law to operate the Leased Premises in accordance with the permitted use thereof under Section 2.3. 5.1.2 Quiet Enjoyment. Landlord covenants and agrees with Tenant that so long as Tenant pays the rent and observes and performs all the terms, covenants, and conditions of this Lease on Tenant's part to be observed and performed, Tenant may peaceably and quietly enjoy the Premises subject, nevertheless, to the terms and conditions of this Lease, and Tenant's possession will not be disturbed by anyone claiming by, through, or under Landlord. ARTICLE VI. TENANT'S CONVENANTS. 6.1 Payments by_Tenant. Tenant agrees to timely pay all rents and sums due to Landlord at the times and in the manner herein provided. 6.2 Licensing of Premises. Tenant shall obtain all licenses and permits, and comply with all statues, laws and regulations for the construction of any Improvements and the operation for the Leased Premises in accordance with the permitted use thereof under Section 2.3. 6.3 apace for UNC -CH School of Education. Landlord enters into this lease on the condition that Tenant agrees to designate 2,000 square feet of space in the Smith Middle School to be constructed on school property adjacent to the Premises for the use of the UNC -CH School of Education. Should Tenant fail to provide such space or deny UNC -CH School of Education access to such space, this lease shall terminate immediately. Likewise, shall Landlord and Tenant fail to reach an agreement to renew the lease upon its expiration, Tenant may terminate such access. The Tenant shall be responsible for constructing and fmishing the space in accordance with plans and specifications agreed to by the parties. During the Term of this lease Tenant shall be responsible for all maintenance and utilities for the space provided. Normal and customary custodial care shall be provided for this space by Tenant on the same basis such custodial care is provided for other parts of the school building. If UNC -CH School of Education uses the space during evening and weekend/holiday hours, then UNC -CH School of Education shall be responsible for any additional custodial maintenance and HVAC charges appropriate to the amount of building space used and operating time of the system required by such use. The space is to be provided as finished square footage, with all furnishings and trade fixtures to be installed and provided by UNC -CH School of Education. It is contemplated by the parties that the UNC -CH School of Education uses of the space will include the off campus center for the North Carolina Teaching Network, as a location for establishing the Research Triangle Professional Development School Partnerships, and as a center for supervising UNC -CH Teaching Fellows and other UNC -CH students in practicum assignments in this or nearby Schools. The University and the Sub -Tenant have agreed to enter into a separate use agreement concerning the details of the use of this Tenant provided space within 90 days following execution of this lease, but in no event later than