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Agenda - 09-02-2021; 8-j - North Carolina Forest Service Lease of a Portion of the Orange County Bonnie B Davis Environmental and Agricultural Center (EAC)
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Agenda - 09-02-2021; 8-j - North Carolina Forest Service Lease of a Portion of the Orange County Bonnie B Davis Environmental and Agricultural Center (EAC)
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9/2/2021
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8-j
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Agenda for September 2, 2021 Board Meeting
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6 <br /> 6. The Lessee shall have the right during the existence of this lease, with the Lessor's prior <br /> consent,to make alterations, attach fixtures and equipment, and erect additions, structures or signs <br /> in or upon the leased premises. Such fixtures, additions, structures or signs so placed in or upon or <br /> attached to the leased premises under this lease or any prior lease of which this lease is an extension <br /> or renewal shall be and remain the property of the Lessee and may be removed therefrom by the <br /> Lessee prior to the termination of this lease or any renewal or extension thereof, or within a <br /> reasonable time thereafter. The Lessee shall have no duty to remove any improvement or fixture <br /> placed by it on the premises or to restore any portion of the premises altered by it. In the event <br /> Lessee elects to remove his improvements or fixtures and such removal causes damage or injury <br /> to the demised premises, Lessee will repair only to the extent of any such damage or injury. <br /> 7. If the said premises be destroyed by fire or other casualty without fault of the Lessee, this <br /> lease shall immediately terminate and the rent shall be apportioned to the time of the damage. In <br /> case of partial destruction or damage by fire or other casualty without fault of the Lessee, so as to <br /> render the premises untenantable in whole or in part, there shall be an apportionment of the rent <br /> until the damage has been repaired. During such period of repair, Lessee shall have the right to <br /> obtain similar office space at the expense of Lessee or the Lessee may terminate the lease by giving <br /> fifteen(15) days written notice to the Lessor. <br /> 8. Lessor shall be liable to Lessee for any loss or damages suffered by Lessee which are a <br /> direct result of the failure of Lessor to perform an act required by this lease, and provided that <br /> Lessor could reasonably have complied with said requirement. <br /> 9. Upon termination of this lease, the Lessee will peaceably surrender the leased premises in <br /> as good order and condition as when received, reasonable use and wear and damage by fire, war, <br /> riots,insurrection,public calamity,by the elements,by act of God,or by circumstances over which <br /> Lessee had no control or for which Lessor is responsible pursuant to this lease, excepted. <br /> 10. The Lessor agrees that the Lessee, upon keeping and performing the covenants and <br /> agreements herein contained, shall at all times during the existence of this lease peaceably and <br /> quietly have, hold, and enjoy the leased premises free from the adverse claims of any person. <br /> 11. The failure of either parry to insist in any instance upon strict performance of any of the <br /> terms and conditions herein set forth shall not be construed as a waiver of the same in any other <br /> instance. No modification of any provision hereof and no cancellation or surrender thereof shall <br /> be valid unless in writing and signed and agreed to by both parties. <br /> 12. Any hold over after the expiration of the said term or any extension thereof, shall be <br /> construed to be a tenancy from month to month, and shall otherwise be on the terms and conditions <br /> herein specified, so far as applicable; however, either parry shall give not less than sixty(60) days <br /> written notice to terminate the tenancy. <br /> 13. The parties to this lease agree and understand that the continuation of this lease agreement <br /> for the term period set forth herein, or any extension or renewal thereof, is dependent upon and <br /> subject to the appropriation, allocation or availability of funds for this purpose to the agency of the <br /> Lessee responsible for payment of said rental. The parties to this lease also agree that in the event <br /> the agency of the Lessee or that body responsible for the appropriations of said funds, in its sole <br /> discretion, determines, in view of its total local office operations that available funding for the <br /> payment of rents are insufficient to continue the operation of its local offices on the premise leased <br /> herein, it may choose to terminate the lease agreement set forth herein by giving Lessor written <br /> notice of said termination,and the lease agreement shall terminate immediately without any further <br /> liability to Lessee. <br /> File# Page 3 of 6 <br />
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