Agenda - 04-15-2014 - 7d - Laserfiche WebLink

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4 Attachment 2 STATE OF NORTH CAROLINA COUNTY OF ORANGE LEASE THIS LEASE, made and entered into as of the 1st day of May, 2014, by and between Orange County, hereinafter referred to as "County," and Morinaga America Foods, hereinafter referred to as "Tenant;" WITNESSETH: THAT FOR and in consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto do hereby agree as follows: 1. Premises. County does hereby lease and let unto Tenant and Tenant does hereby accept as Tenant those certain premises designated as Suite "Morinaga Phase 1" of the John M. Link Jr. Government Services Building, 200 South Cameron Street, Hillsborough, Orange County, North Carolina, as more particularly shown on EXHIBIT A appended hereto. 2. Acceptance of Premises. The Tenant represents that the lease property, the sidewalks and structures adjoining the same, any subsurface conditions thereof, and the present uses and non-uses thereof have been examined by the Tenant. The Tenant accepts the same in the condition in which they now are without representation or warranty, express or implied, in fact or by law, by the County, the nature, condition or usability thereof, or the uses to which the leased property may be put. Provided, County shall be responsible for ensuring that the heating/air-conditioning system is in good operating condition; the exterior walls and roof, the lighting system (excluding such additions as may be required for Tenant's particular business operation) and the parking area and sidewalks are in good repair on the date of commencement of the lease term. County represents and warrants to Tenant that it holds unencumbered fee title to the lease premises. The County shall not be responsible for any latent defect or change of condition in such building, improvements and personalty, and the rent hereunder shall in no case be withheld or diminished on account of any defect in such property, any change in the condition thereof, any damage occurring thereto or the existence with respect thereof of any violations of the laws or regulations of any governmental authority, except as hereinafter provided. In addition, Tenant acknowledges that the Bentley Building is a smoke free building and does not permit tobacco use inside of the building. 3. Term and Rental. (a) This Lease shall commence on May 1, 2014, and shall continue for a term of twelve (12) months, ending on April 30, 2015, both dates inclusive, unless sooner terminated as herein provided. Upon mutual written agreement this Lease may be renewed for up to one twelve month terms. Any renewal may be for the entire leased premises of the designated suites. Any such renewal shall be subject to a mutually agreed upon increase in rent. The Tenant may choose to lease additional space identified as "Morinaga Future Phase(s)" shown on EXHIBIT A appended hereto during the Lease term. (b) Tenant shall deliver to County a deposit in the amount of six hundred seventy three dollars ($673.00), which is the equivalent to the rent for one (1) month. Deposit shall be held as a security deposit against claims for damages. This money may be deposited for the exclusive use of Orange County and will be returned to Tenant at the end of the lease within 30 days provided there has been no damage to the leased premises.