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LEASE AGREEMENT
<br /> PARTIES
<br /> 1 . THIS LEASE AGREEMENT (the "Lease Agreement") , made and entered into on
<br /> 2019 , by and between Churton Grove Center, LLC , as Represented by Its Duly
<br /> Authorized Agent, Avison Young — NC , LLC , located at 100 Europa Drive Suite 190 , Chapel Hill ,
<br /> North Carolina 27517 (hereinafter referred to as "Landlord") and Orange County, a political
<br /> subdivision of the State of North Carolina, (hereinafter referred to as "Tenant") .
<br /> PREMISES
<br /> 2 . Landlord leases to Tenant, and Tenant leases from Landlord for the terms and conditions
<br /> set forth in this Lease Agreement, certain premises consisting of approximately 5 , 000 square feet
<br /> (hereinafter referred to as "demised premises") erected or to be erected in the Churton Grove Center,
<br /> (hereinafter called the " Shopping Center") , on a tract of land situated in Hillsborough, State of North
<br /> Carolina, as described in Exhibit "A" attached hereto and made a part hereof, and the said demised
<br /> premises being outlined in red and marked Shop LM on the floor plan designated Exhibit "B " which
<br /> is attached hereto and made a part hereof, together with the right of the non- exclusive use, in common
<br /> with others , of all such automobile parking areas , driveways , footways , and other facilities designated
<br /> for common use, as may be provided by Landlord from time to time, subject, however, to the terms
<br /> and conditions of this Lease Agreement and to such rules and regulations for the use thereof, as may
<br /> be prescribed by the Landlord from time to time . A more detailed description of the demised premises
<br /> is contained in Exhibit D attached hereto .
<br /> CONSTRUCTION AND POSSESSION
<br /> 3 . (a) Landlord warrants that it is the Owner of the tract of land described in Exhibit "A"
<br /> (which tract is hereafter referred to as "Landlord ' s Property") , agrees that it has developed or will
<br /> cause to be developed upon said tract commercial buildings with parking area and improvements
<br /> generally in accordance with Exhibit "B " , and that it will make available to Tenant Shop LM no later
<br /> than February 15 , 2019 , subject, however, to the provisions of Article 29 hereof. Upon occupancy,
<br /> tenant accepts premises in "as-is , where-is" condition without reservation and makes no claim for
<br /> improvement by Landlord .
<br /> (b) Possession Date by Tenant will be defined as the date Tenant occupies the demised
<br /> premises as described in section 3 ( a) infra, and will be evidenced by delivery of key( s) to Tenant and
<br /> full access to the demised premises . Upon delivery of possession of the demised premises , Tenant
<br /> will with due diligence proceed to install such stock, fixtures , and equipment and to perform such
<br /> other work as shall be necessary or appropriate in order to prepare the demised premises for the
<br /> opening of business not later than February 15 , 2019 . By opening for business , Tenant shall be
<br /> deemed to have accepted the premises as delivered by Landlord . Rent shall commence as of February
<br /> 153 2019 (hereinafter called "Rental Commencement Date") regardless of whether Tenant has opened
<br /> for business .
<br /> (c) Tenant shall pay all of the utility charges for the demised premises beginning at
<br /> Possession Date . Tenant agrees to submit to Landlord plans and specifications covering all work and
<br /> installations which Tenant proposes to do in the demised premises , including, without limitation,
<br /> interior store layout, fixtures and decor . Such plans and specifications shall be prepared in such detail
<br /> as Landlord may require, and Tenant agrees not to commence work upon any of the aforesaid Tenant ' s
<br /> work until Landlord has approved such plans and specifications in writing . Such approval shall not
<br /> be unreasonably withheld . Landlord agrees to act with reasonable promptness with respect to approval
<br /> of such plans and specifications .
<br /> USE AND OPERATION
<br /> 4 . (a) Tenant shall use and occupy the demised premises solely for the purpose of Emergency
<br /> Medical Services Office . Landlord warrants and covenants that such use of the demised premises
<br /> does not violate the terms or conditions of any lease or related rules or covenants of any lease of any
<br /> other premises in the Shopping Center. And Landlord further warrants and covenants that if such use
<br /> does violate said terms , conditions, rules , or covenants Landlord shall secure any consent or approval
<br /> needed or required to allow such use to commence and continue . Should Landlord fail to obtain such
<br /> consent or approval Tenant may, upon written notice to Landlord, immediately terminate this lease
<br /> without further obligation or liability.
<br /> (b) Tenant shall operate all of the demised premises with due diligence and efficiency so as
<br /> to produce all of the gross receipts which may be produced by such manner of operation, unless
<br /> prevented from doing so by causes beyond Tenant ' s control .
<br /> ( c) Tenant agrees that the demised premises shall not be used for or occupied as a
<br /> supermarket, grocery store, meat, fish, vegetable market or convenience-type store, drugstore, health
<br /> and beauty aids store or pharmacy; nor shall the demised premises be used for the sale of grocery,
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