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Item 8-g - Assignment of Leasehold Interest to Chapel Hill Carrboro City Schools
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Item 8-g - Assignment of Leasehold Interest to Chapel Hill Carrboro City Schools
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10/12/2018 10:51:25 AM
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BOCC
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10/16/2018
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Regular Meeting
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Agenda
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8-g
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Agenda - 10-16-2018 Regular Board Meeting
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7 <br /> NOW THEREFORE, in exchange for the mutual promises contained herein, Landlord, <br /> Tenant, and Property Owner agree to amend the Lease as follows: <br /> 1. Any capitalized terms not defined herein shall have the meanings ascribed to them <br /> in the Lease. The recitals in this First Amendment are incorporated herein by this reference. <br /> 2. The first sentence of Section 2(b) of the Lease is replaced with the following: <br /> Tenant is hereby granted the option to extend the Initial Term of this Lease for <br /> one (1) additional period of ten (10) years, followed by four(4) additional periods <br /> of five (5) years each, immediately followed by one (1) additional period <br /> commencing on November 1, 2038, and expiring twenty-five (25) years after the <br /> Effective Date of the First Amendment (as defined in the First Amendment) (each <br /> of the foregoing terms being an "Extended Term"). <br /> The parties agree that the intent of the foregoing is to extend the term of the Agreement to expire <br /> twenty-five (25) years from the Effective Date of this First Amendment. <br /> 3. As additional consideration for amending the Lease in accordance with this First <br /> Amendment, on November 1, 2018, the annual rent shall increase to Forty One Thousand Four <br /> Hundred and 00/100 Dollars ($41,400.00) per year. Following such increase, the annual rent <br /> shall continue to adjust pursuant to the terms of the Lease. Rent shall be paid annually, in <br /> advance. <br /> 4. Section 3(c) of the Lease is amended by adding the following paragraph to the <br /> end thereto: <br /> Commencing on November 1, 2019, and every year thereafter (each an <br /> "Adjustment Date"), the annual rent shall increase by an amount equal to three <br /> and one-half percent(3.5%) of the annual rent in effect for the year immediately <br /> preceding the Adjustment Date. <br /> 5. The parties agree to amend the description of the Leased Premises to be as shown <br /> as the "Lease Area" in Exhibit A attached hereto and incorporated herein, and described as the <br /> "Tower Lease" by metes and bounds on Exhibit B attached hereto and incorporated herein, and <br /> Landlord does hereby lease same to Tenant for those uses provided for in the Lease. Exhibit A <br /> and Exhibit B attached to this First Amendment shall replace any and all descriptions of the <br /> Leased Premises. <br /> 6. (a) The parties agree to amend the description of the Access Easement granted in <br /> the Lease to reflect the access and utility easement shown as the "Access/Utility Easement" <br /> in Exhibit A attached hereto and described as the "Access/Utility Easement" by metes and <br /> bounds in Exhibit B attached hereto, and Landlord does hereby grant said easement for those <br /> uses provided for and in accordance with the terms of the Lease, including, without limitation, <br /> those terms provided for in Section 6 of the Lease. The description of the Access Easement <br /> attached hereto as Exhibit A and Exhibit B shall replace the description of the Access Easement <br /> attached as Exhibit "D"to the Lease. <br /> Site Name: Culbreth <br /> BU: 814444 -2- <br /> PPAB 4184478v2 <br />
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