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Agenda - 09-19-2017 - 8-d - 401 Valley Forge Road Property Lease Modification – Builders FirstSource
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Agenda - 09-19-2017 - 8-d - 401 Valley Forge Road Property Lease Modification – Builders FirstSource
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9/14/2017 4:57:38 PM
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9/15/2017 10:47:45 AM
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BOCC
Date
9/19/2017
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8d
Document Relationships
2017-543 AMS - Builders FirstSource - Atlantic Group, LLC - Lease Agreement Modification
(Linked From)
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2017
2017-621 AMS - 401 Valley Forge Road Lease Modification
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2017
Minutes 09-19-2017
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\Board of County Commissioners\Minutes - Approved\2010's\2017
RES-2017-058 Resolution approving leasing property at 401 Valley Forge Rd., Hillsborough, NC, for up to ten years
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\Board of County Commissioners\Resolutions\2010-2019\2017
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9 <br /> term or additional terms, if any, are herein sometimes referred <br /> to as the "Term" or the "Lease Term. " <br /> e. Landlord agrees to deliver to Tenant sole and <br /> exclusive possession of the Premises (subject to the right of <br /> Landlord to enter thereon for inspection purposes and otherwise <br /> as provided herein) at the commencement date of the original <br /> term. And Tenant agrees to accept possession of the property <br /> upon such delivery. Landlord covenants and agrees that it will <br /> not take any action, other than pursuant to Paragraph 11 of this <br /> Lease, to prevent Tenant from having quiet and peaceable <br /> possession and enjoyment of the property during the Term and <br /> will at the request of Tenant, and at the cost of Tenant, <br /> cooperate with Tenant in order that Tenant may have quiet and <br /> peaceable possession and enjoyment of the property. <br /> f . Landlord hereby grants to Tenant a right of first <br /> refusal to purchase the Premises, which must be exercised, if at <br /> all, in the manner hereinafter set forth. In the event that <br /> Landlord receives a bona fide offer to purchase the Premises on <br /> price, terms and conditions which it is willing to accept, it <br /> shall give prompt written notice of such offer to Tenant ( "ROFR <br /> Notice" ) . The ROFR Notice shall include a copy of such offer, <br /> provided thatlandlord may delete the name of the prospective <br /> purchaser. Within fourteen (14) calendar days from the date such <br /> ROFR Notice is given, Tenant may exercise its right of first <br /> refusal by executing and delivering to Landlord a written <br /> contract containing the same price, terms and conditions as set <br /> forth in the ROFR Notice, with no material additional teL las or <br /> conditions.. Such contract shall be signed and accepted by <br /> Landlord and the parties shall proceed to close in accordance <br /> with the terms thereof. In the event that Tenant fails to <br /> exercise this option as herein provided, and Landlord closes the <br /> sale of the Premises substantially in accordance with the terms <br /> of the ROFR Notice, Tenant ' s right of first refusal shall. <br /> terminate and shall not be exercisable as to any future sale by <br /> Landlord, its successors or assigns . In the event that Tenant <br /> fails to exercise this option as provided herein, and Landlord <br /> does not close the sale of the Premises substantially in <br /> accordance with the terms of the ROFR Notice, Tenant ' s right of <br /> first 'refusal shall remain in effect and Landlord shall not sell <br /> the Premises without again submitting the terms of the proposed <br /> sale to Tenant for Tenant ' s acceptance or approval in accordance <br /> with the terms of this paragraph. <br /> 3 . Rent and Other Consideration. <br /> a. Tenant shall pay to Landlord the sum of One <br /> Hundred Five Thousand Dollars ($105, 000 ) per annum during the <br /> original term, payable in monthly installments of Eight Thousand <br /> Seven Hundred Fifty Dollars ($8, 750) each due on the first day of <br /> each month, in advance, during the original term of this Lease <br /> except that payment for the first such monthly installment shall <br /> be made by Tenant contemporaneously with notice to Tenant from <br /> 4 <br /> • <br />
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