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Agenda - 02-20-2001-9b
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Agenda - 02-20-2001-9b
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Last modified
9/2/2008 9:01:07 AM
Creation date
8/29/2008 10:28:45 AM
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BOCC
Date
2/20/2001
Document Type
Agenda
Agenda Item
9b
Document Relationships
2001 Carrboro, Chapel Hill Board of Education MOU for Smith Middle School ground lease agreement
(Linked From)
Path:
\BOCC Archives\Memorandum of Understanding\2000-2009\2001
2001 S Co Attorney - Development and Joint Use Smith Middle School Ground Lease Agreement with UNC
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2001
2001 S Co Attorney - Smith Middle School Ground Lease Agreement with UNC
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2001
2001 S Co Manager - Town of Carrboro - Development Joint Use Agreement for Smith Middle School Fields 02-20-2001 9b
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2001
Minutes - 02-20-2001
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2001
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r! <br />DRAFT <br />6.7 Sins. Tenant may not erect, install or display any sign other than school identification signs on the <br />Premises, without prior written consent of the Landlord, acting through the University of North Carolina at <br />Chapel Hill. Tenant shall not use the name of The University of North Carolina at Chapel Hill or any mark <br />or logo or depiction of any of the foregoing without the written consent of The University of North <br />Carolina at Chapel Hill. <br />6.8 Continuous Use of Leased Premises. Tenant covenants and agrees that it shall occupy and continuously <br />conduct business at the Leased Premises for the uses permitted under Section 2.3 commencing upon the <br />Commencement Date and continuously thereafter. <br />6.9 Landlord's Right of Access. Landlord and its authorized representatives shall have the right to enter the <br />Leased Premises at reasonable hours after notification to school personnel for the purposes of inspecting <br />the Leased Premises and for excavation and installation of utilities and other improvements associated with <br />the development of adjacent properties. <br />6.10 Americans With Disabilities Act. Tenant represents and covenants that it shall construct any Improvements <br />and shall conduct its occupancy and use of the Leased Premises in accordance with the provisions of Title <br />III of the Americans With Disabilities Act (the "ADA") and any similar state law by including, but not <br />limited to, modifying its policies, practices and procedures as may be necessary to comply therewith, and <br />providing auxiliary aids and services to disabled persons as required thereunder. <br />All construction, alteration, and improvement of the Leased Premises shall comply, and Tenant represents <br />and warrants that the plans and specifications submitted in respect to any Improvements or any alterations <br />thereof or general alterations with respect to the Leased Premises are in compliance, with the ADA and any <br />similar state law and, upon request of Landlord, Tenant shall provide Landlord with evidence reasonably <br />satisfactory to Landlord that such work was performed in compliance therewith. <br />ARTICLE VII. MUTUAL COVENANTS: DEFAULT: ADDITIONAL MATTERS. <br />7.1 Fire or Other Casualt . If the Leased Premises is destroyed or partially damaged by fire or other casualty <br />so as to render the Leased Premises untenantable in whole or in part ("the Casualty Event"), Tenant must <br />construct and rebuild the Improvements previously existing on the Leased Premises. Notwithstanding the <br />above, the Tenant is not obligated to construct and rebuild the Improvements previously constructed on the <br />leased premises under either of the following circumstances: <br />(a) the Casualty Event occurs after the lease has expired; or <br />(b) on the date of the Casualty Event, the Term has less than 15 years to run. <br />7.2 Condemnation. If a portion of the Leased Premises is taken by exercise of the power of eminent domain <br />(or conveyed by Landlord in lieu of such exercise) and the usefulness of the Leased Premises for Tenant's <br />purposes is not materially abrogated thereby, no part of the award or purchase price shall be claimed by <br />Tenant. If all of the Leased Premises (or so much thereof as to materially abrogate the usefulness thereof <br />for Tenant's purpose) are taken by exercise of the power of eminent domain ( or conveyed by Landlord in <br />lieu of such exercise), this Lease will terminate on a date (the "Condemnation Date") which is the earlier of <br />the date upon which the condemning authority takes possession of the Leased Premises or the date on <br />which title to the Leased Premises is vested in the condemning authority and Tenant and Landlord shall <br />each participate in the award or purchase based upon the amount of loss suffered by each.
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