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Agenda - 11-18-2014 - 6f
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Agenda - 11-18-2014 - 6f
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Last modified
6/8/2015 3:24:18 PM
Creation date
11/17/2014 10:16:20 AM
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BOCC
Date
11/18/2014
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6f
Document Relationships
2014-635 AMS - Inter-Faith Council for Social Service Inc. - Estoppel Certificate and Standstill Agreement
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2014
Minutes 11-18-2014
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\Board of County Commissioners\Minutes - Approved\2010's\2014
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13 <br />Attachment 2 <br />ESTOPPEL CERTIFICATE AND STANDSTILL AGREEMENT <br />November 18, 2014 <br />For good and valuable consideration, ORANGE COUNTY, NORTH CAROLINA ( "Landlord ") hereby <br />makes the following certifications to and agreements with and for the benefit of North Carolina Housing <br />Finance Agency ( "NCHFA ") in connection with a 5150,000.00 loan by NCHFA to Inter -Faith Council <br />for Social Service, Inc., a North Carolina non -profit corporation ( "Tenant "), which is secured by a Deed <br />of Trust encumbering Tenant's fee and leasehold interest in property which is located at 2505 Homestead <br />Drive in the Town of Chapel Hill, Orange County, North Carolina and is known as Project Home Start <br />(the "Project "): <br />1. Tenant and Landlord have entered into that certain Ground Lease ( "Lease ") pertaining to the Project <br />which is dated June 30, 1995. <br />2. The Lease is for the entire Project ( "Demised Premises "), including approximately 3.497 acres upon <br />which the buildings of the Project are located. <br />3. The Lease has not been modified or amended except by the following documents (if none, so state): <br />None. <br />4. The initial term of the Lease commenced on July 1, 1995, and shall expire on July 1, 2020 . Tenant has <br />the following option to renew or extend the term of the Lease (if none, so state): None. <br />5. The Lease, as it may have been modified or amended, contains the entire agreement of Landlord and <br />Tenant with respect to the Demised Premises, and is in full force and effect. <br />6. As of the date hereof, Tenant is paying rent on a current basis under the Lease in the amount of 51.00 <br />annually. <br />7. To the best of Landlord's knowledge, no default on the part of Tenant exists under the Lease in the <br />performance of the terms, covenants and conditions of the Lease required to be performed on the part of <br />Tenant. <br />8. Landlord has not received notice of any assignment, hypothecation, mortgage or pledge of Tenant's <br />interest in the Lease or the rents or other amounts payable thereunder, except as follows (if none, so <br />state): None. <br />9. Landlord agrees that it will send written notice of any defaults under the Lease to NCHFA at the same <br />time that it sends such notice to Tenant and that notwithstanding the terms of the Lease, Landlord shall <br />not pursue its remedies under the Lease for Tenant default without giving NCHFA such written notice <br />and 10 business days to cure a monetary default and 30 days to cure a non - monetary default (or if such <br />default cannot reasonably be cured within 30 days, a reasonable time to cure). If in NCHFA's reasonable <br />estimation NCHFA needs to foreclose under its Deed of Trust, Landlord will give NCHFA time to <br />complete such foreclosure before pursuing its remedies under the Lease. <br />
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