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Agenda - 06-30-1997 - 8p
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Agenda - 06-30-1997 - 8p
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7/29/2013 4:15:53 PM
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7/29/2013 4:15:52 PM
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BOCC
Date
6/30/1997
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8p
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1997 S Lease Renewal Carrboro Senior Center space at the Arts Center
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\1990's\1997
Minutes - 19970630
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\Board of County Commissioners\Minutes - Approved\1990's\1997
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5 <br /> the term hereof; provided that no action of Landlord in repairing or restoring the Premises or <br /> concerning work in other space of the Building shall be deemed a breach of this covenant, or <br /> give Tenant any right to modify this Lease either as to term, rent or sums payable, or other <br /> obligations to be performed. <br /> 15. SUBORDINATION;ATTORNMENT. Tenant agrees that this Lease will neither be <br /> subordinate or superior to any mortgage heretofore or hereafter executed by the Landlord <br /> covering the Premises, depending on the requirements of such mortgagee. On request, Tenant <br /> will execute such agreements making this Lease superior or subordinate as Landlord's <br /> mortgagee may request, and will agree to attom to said mortgagee providing the mortgagee <br /> agrees not to disturb Tenant's possession hereunder so long as Tenant is in compliance with this <br /> Lease. Landlord consents to Tenant's execution of Landlord's mortgagee's subordination, <br /> attomment and non-disturbance agreement, and to be bound by the provisions thereof. Further <br /> Tenant agrees to execute within five (5)days of request therefor, and as often as requested, <br /> estoppel certificates setting forth the fads with respect to date of occupancy,termination date of <br /> this Lease,the amount of rent due and date to which rent is paid,whether or not it has any <br /> defense or offsets to the enforcement of the Lease or knowledge of any default or breach by <br /> Landlord, and that this Lease is in full force and effect except as to any modifications or <br /> amendments, copies of which Tenant shall attach to such estoppel certificate. Tenant agrees to <br /> attom to any successor of Landlord. <br /> 16. SIGNS. Tenant may not erect, install or display any sign or advertising material upon <br /> the Premises, the walls thereof, or in any window therein, without the prior written consent of <br /> Landlord, such written consent shall not be unreasonably withheld. <br /> 17. DEFAULT. If Tenant: (a)fails to pay all rent as provided in this Lease; (b) breaches any <br /> other agreement or obligation herein set forth, Landlord may terminate this Lease. <br /> 18. CONDEMNATION. If all of the Premises or such part thereof as will make the same <br /> unusable for the purposes contemplated by this Lease be taken under the power of eminent <br /> domain (or a conveyance in lieu thereof),then this Lease shall terminate as of the date <br /> possession is taken by the condemnor, and rent shall be adjusted between Landlord and Tenant <br /> as of such date. If only a portion of the Premises is taken and Tenant can continue use of the <br /> remainder, then the Lease will not terminate, but rent shall abate in a just and proportionate <br /> amount to the loss of use occasioned by the taking. Tenant shall have no right or claim to any <br /> part of any award made to or received by the Landlord for any taking, provided, however,that <br /> Tenant shall not be prevented from making a claim against the condemning party(but not <br /> against Landlord)for any moving expenses, loss of profits, or taking of Tenant's personal <br /> property to which Tenant may be entitled. <br /> 19. MISCELLANEOUS. Headings of sections are for convenience only and shall not be <br /> considered in construing the meaning of the contents of such sections. Each of the Landlord and <br /> Tenant respectively represent that each has the lawful authority to enter into this Lease and by <br /> signing it in their name as set forth below,to be legally bound in accordance with its terms and <br /> conditions. <br /> 20. OPTION TO EXTEND. Provided that Tenant has fully complied with all the terms and <br /> conditions of this Lease and is not then in default under any term or conditions of this Lease and <br /> is not then in default under any term or condition hereof, and provided further that Tenant gives <br /> Landlord at least one hundred twenty(120)days prior written notice of exercise of this option to <br /> extend, Landlord hereby gives to Tenant the right to extend this Lease for a term of 2 <br /> years, this extended term to expire (unless sooner terminated as in this Lease provided by <br /> reason of default on the part of Tenant) on 30 June 2002. <br /> All the terms and conditions of this Lease shall remain and be in effect during the extension, <br /> save and except that the rent to be paid by the Tenant during such extended term shall be an <br /> C:WS0r-FICEkW I NW0RVGRLEASE.00C <br />
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