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Agenda - 8-e - Lease Modification for Hillsborough Commons
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Agenda - 8-e - Lease Modification for Hillsborough Commons
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4/12/2019 1:28:28 PM
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BOCC
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4/16/2019
Meeting Type
Regular Meeting
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Agenda
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8-e
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Agenda - 04-16-2019 Regular Meeting
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3 <br /> Attachment 1 <br /> LEASE MODIFICATION <br /> THIS MODIFICATION OF LEASE made and entered into this day of <br /> , 20 by and between HILLSBOROUGH COMMONS, LLLP as (hereinafter <br /> "Landlord" and/or "Seller"), and ORANGE COUNTY, NORTH CAROLINA, (hereinafter <br /> "Buyer" and/or"County" and/or"Tenant"); <br /> WITNESSETH: <br /> Recitals: <br /> Whereas Landlord and Tenant entered into that certain Lease Agreement dated July 25, <br /> 2008, modified January 12, 2015, modified November 12, 2015 and modified September 20, <br /> 2018 in connection with certain premises situated and being in Orange County and the State of <br /> North Carolina being more particularly described in said Lease Agreement; and <br /> Whereas, Tenant has leased Unit 01 and Unit 03 containing 66,444 square feet which <br /> agreement has an expiration date of January 21, 2024, subject to three (3) renewal option of five <br /> (5) years each, with rent escalations at the beginning of each such renewal option; and <br /> Whereas, Tenant's portion of the Shopping Center has been platted separately from the <br /> balance of the Shopping Center; and <br /> Whereas, to properly allocate each separate parcel Landlord desires to amend the Lease <br /> Agreement to modify the Base Year Stop and Tenant's Proportionate Share to reflect Tenant's <br /> building exclusively; and <br /> Whereas, Tenant and Landlord have agreed upon the terms of the Base Year Stop and <br /> Tenant's Proportionate Share and desire to so modify the Lease. <br /> Now, therefore, for and in consideration of the sum of$1.00 and other good and valuable <br /> consideration each to the other paid the receipt and sufficiency of which consideration is hereby <br /> acknowledged, the parties hereto hereby agree as follows: <br /> Terms: <br /> 1. The recitals to this Modification are hereby incorporated into and made a part of this <br /> Agreement. <br /> 2. As a result of the re-platting of the Shopping Center, each parcel shall stand on its <br /> own. Landlord will re-contract with the vendors so that expenses are charged for <br /> each parcel separately to maintain clarity of maintenance for each parcel. <br /> 3. Section 1. BASIC LEASE PROVISIONS, (21) County's Proportionate Share: <br /> 61.64% shall be deleted in its entirety and shall be replaced with: Section 1. BASIC <br /> LEASE PROVISIONS, (21) County's Proportionate Share: 100%. <br /> LEASE MODIFICATION-HILLSBOROUGH COMMONS <br /> ORANGE COUNTY <br /> 1 <br />
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