HomeMy WebLinkAboutMinutes - 19760824ORANGE COUNTY BOARD OF COMMISSIONERS
August 24, 1976
The Orange County Board of Commissioners met on Tuesday, August 24,
1976, at 7:30 p.m., in the Orange County Courthouse in Hillsborough.
Members present were Chairman Flora Garrett, Commissioners Norman
Gustaveson, Jan Pinney, Richard Whitted and Norman Walker.
Members absent were none.
Others present were 5. M. Gattis, County Administrator; Neal Evans,
Finance Director; A. B. Coleman, Jr., County Attorney; and Betty June
Hayes, Clerk to the Board.
The first item on the Agenda was: Persons who might be present
having business to transact with the Board of Commissioners should
make their presence known at this time.
No one came forth.
The Chairman stated that it had been brought to her attention that
two sets of minutes of the Board of Equalization and.Review had not been
approved, and needed to be approved at this time.
Upon motion of Commissioner Whitted, seconded by Commissioner
Pinney, it was moved and adopted that the minutes of May 18 and May 24,
1976, for the Board of Equalization and Review be approved.
The Chairman referred to Item 22: The Manager r~:commends the
Board of County Commissioners execute a lease of office space in the
Eastgate shopping Center for Chapel Hill offices of the Health Depart-
ment. Agenda Attachment #1 stated that in the summer of 1974, the Chapel
Hill Office of the District Health•.Department moved from University
provided space near downtown Chapel Hill into larger quarters in the
Eastgate Shopping Center. At that time, the District Health Depart-
ment made substantial renovation to the space it acquired and the County
agreed to enter into a lease with the owners for a period of four years
at a fixed annual rent of $8,250. The lease document was not executed.
The owner is requesting a formal lease be executed under date of October
1, 1974. This lease would terminate September 30, 1978.
Upon motion of Commissioner Pinney, seconded by Commissioner
Walker, it was moved and adopted that the Chairman be authorized to
sign a lease agreement for office space in the Eastgate Shopping Center
for Chapel Hill Offices of the Health Department.
(For copy of Lease Agreement see Minute Docket Book 9, page
~.
~-= -
Chairman Garrett referred to Item TII: The Board of Commissioners
should enact a resolution expressing its position regarding the Durham
Chapel Hill 201 Facilities Study Plan.'
Agenda Attachment #2 indicated that Orange County must enact a
resolution expressing its intentions about the Durham--Chapel Hill 201
Facilities Plan. Both Durham and Chapel Hill have enacted resolutions
that in effect state they will abide by the decision of the State and
the Environmental Protection Agency regarding this 201 plan. The
Durham and Chapel Hill resolutions are not identical.
Commissioner Pinney moved that the Board accept the Manager's
recommendation that Orange County adopt a resolution that signifies
its willingness to accept that plan which the State and Environmental
Protection Agency deems the most cost effective and environmentally
sound.
Commissioner Whit'tes seconded the motion and discussion ensued.
The Chairman called far the vote and all members of the Board
voted aye. The motion was declared passed
RESOLUTION APPROVING WASTE TREATMENT FACILITIES
PLAN FOR FEDERAL WATER POLLUTION CONTROL ACT
SECTION 201• AREA
"WHEREAS, a portion of Chatham, Durham and Orange Counties,
including the City of nurham, the Town of Carrboro and the
Town of Chapel Hill, have been designated as a complex waste
treatment management area pursuant to Section 201 of the
Federal Water Pollution Control Act, as amended; and
WHEREAS, the City of Durham, an eligible unit of government
under said Act, has been designated.as lead agency in said
area for the preparation of a waste treatment management plan;
and
WHEREAS, the consulting engineers, pursuant to prior Resolutions,
have prepared and submitted in writing to the Governing Bodies
of the municipalities and counties referred to herein a waste
treatment management plan; and
WHEREAS, it is the desire of the County of Orange that said plan
be submitted to the appropriate State and Federal Agencies for
review; and
WHEREAS, it is the desire of the County of Orange to indicate,
by this Resolution, its intention to implement that plan selected
by the appropriate State and Federal Agencies as producing the
most cost effective and environmentally sound comprehensive treat-
ment.
NOW, THEREFORE, BE YT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE COUNTY OF ORANGE:
1. That Orange County does hereby approve the Section 201 Plan
that is selected by the appropriate State and Federal Agencies
as producing the most cost effective and environmentally sound
waste management plan.
2. That it is the intention of the County of Orange to imple-
ment the Section 201 Plan that is determined by the appropriate
State and Federal Agencies to provide the most cost effective
and environmentally sound waste management plan.
3. The Clerk is directed to furnish a copy of this Resolution
to the Boards of Commissioners of Durham and Chatham Counties
and to the Governing Bodies of the Towns of Chapel Hill, Carrboro
and Durham."
~~ ~
The Chairman referred to Item TV :.. The Manager rgcommends the
County accept the low bid of Acme Plumbing and Heating Company to make
repairs to the heating system at the old Grady Brown School.
The Agenda Attachment stated that last Fall substantial renovations
were made to a portion of the heating system at the gymnasium on the old
Grady Brown School. At that time, it was contemplated the overall pro-
ject would be broken into two phases, the first being accomplished then,
and the remainder to be done during the current fiscal year when funds
would be available. You may recall tYiat.Phase one of this project by-
passed certain steam lines that were leaking and situated under the floor
of the gymnasium. Phase two consists of replacing the steam line that
carries live steam and condensate between the boiler roam and the
gymnasium building.
Bids on this project were opened last week and the tabulations are
as follows:
Acme Plumbing $ 4,891
Comfort Engineers 6,259
Suggs Plumbing and Heating 6,714
Bullock Plumbing and Heating $ 17,500
The County Manager recommends that the bid of Acme Plumbing and
Heating be accepted and that the Chairman be authorized to execute a
Contract. The funds for this work should be taken from the Building
Fund. Discussion ensued concerning the bids.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Whitted, it was moved and adopted that Acme Plumbing's bid be accepted
at a cost of $4,891 and that the Chairman be authorized to sign the
Contract far the work, with the monies for this work to come from the
Building Fund.
Mrs. Garrett referred to Item X: The Manager recommends the
Board of Commissioners authorize the Chairman to execute the annual
contract between Orange County and the North Carolina Department of
Natural and Economic Resources for the protection, development and
improvement of forest lands in Orange County. The agenda attachment
stated that the County appropriated $14,000 in its current budget to
fund the annual contract between Orange County and the Department of
Natural and Economic Resources to provide for the protection, deve-
lopment and improvement of forest land in the County.
Upon motion of Commissioner Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted that the Chairman be authorized
to execute the annual contract between the County and the N. C. Depart-
ment of Natural and Economic Resourves.
Item V2: The Manager recommends the Board of Commissioners execute
the new Manpower Consortium Agreement.
The County Administrator advised the Board that the County Attorney,
Mr. Gledhill, had reviewed the Manpower Consortium Agreement and informed
the County Administrator that the Agreements were in proper legal form.
Upon motion of Commissioner Whined, seconded by Commissioner
Gustaveson, it was moved and adopted that the Manpower Consortium Agree-
ment be executed
(For copy of Manpower Consortium Agreement see page of this book.)
Item XI2: Mr. Jeffrey Stillwagon has requested time on this agenda
to speak to the Board of Commissioners regarding an Animal Control
Ordinance.
Mr. Stillwagon was not present.
The Chairman referred to stem VIII: Mr. Eric Dashman of Family
Planning, Inc., would like to present a service program prospective as
a community based alternative to State Training Schools, Mental Hospitals
and other large institutions.
Commissioner Gustaveson stated that he felt this proposal of
Mr. Dashman was part of the jab of the Youth Service Needs Task Force
and that Mr. Dashman should go through the Youth Service Needs Task
Force first, since this is what they are working on.
Mrs. Garrett stated that she agreed, however, Mr. Dashmen had
requested a letter of endorsement in order to receive funds which
were available through LEAA and she felt the entire Board should be
aware of the program and be given an opportunity to ask questions of
Mr. Dashman.
Mr. Dashman reviewed the background of his proposal and stated
that he was requesting an endorsement in order to obtain a planning
grant through the Manpower CETA Program. He stated that his proposal
was under consideration by the. Task Farce, and that he hoped to obtain
an agreement from the Commissioners that various agencies within the
County be utilized as draw through sources of moines for his agency,
who would supply the local match, when required. The program would be
phased-in slowly. Mr. Dashman stated that the cast for a child placed
in the residential program would be approximately $8,000 per year.
Commissioner Pinney questioned the cost of $8,000 per child per
year. He stated that around the State the cost for group homes usually
was between $6,000 and $7,000.
Discussion ensued concerning the care received in the group homes.
Commissioner Walker inquired about "North Town, Inc.", how it
came into existance.
Mr. Dashman replied that "North Town, Inc." came about after dis-
cussions with a number of professional people in the area concerning
the needs in the community.. Mr. Dashman stated that he had a Bachelor
and Masters Degree in Phycology and had worked in the field of special
education for eleven years in and around New York.
Discussion ensued concerning the Staff required by Mr. Dashman
to carry out his proposal, and the different sources of financing
his proposal.
Mr. Dashman stated that he was not associated with Family Planning,
Inc., and that funds were available through Manpower not throuth LEAA.
Commissioner Gustaveson stated that he felt Mr. Dashman's proposal
should be put in prospective in terms of the work which. the Youth
Service Needs Task Force is doing.
The Board agreed that the Service and Program Prospectus of Mr.
Dashman should be forwarded to the Youth Service Needs Task Force for
their review and recommendation at the earliest possible time.
The Chairman referred to Item X. The Planning Director and staff
will review in detail proposed changes in the planning ordinance and
map that will be submitted at the public hearing on the 31st.
Chris Edwards, of the Planning Staff, presented to the Commissioners
a list of locations to tour. The Board agreed to make the first tour on
Thursday, September 2, 1976, in the afternoon.
Charlie Johnston, Chairman of the Orange County Planning Board
raised the question as to whether or not the County's Land Use Plan
should be adapted before the new amendments to the Zoninq Ordinance
are adopted. Discussion ensued.
mhe Planning Airector, Ervin Dobson, stated that General Statutes
Article 20B, Section 153-266.12, referring to zoning says that such
regulations shall be made in accordance with a comprehensive plan and
designed to lessen congestion in the street and secure safety, etc.
He quoted from Section 153-266.15 where there is a reference to pre-
paration of a zoning plan by a Board and in certain counties, commis-
: sinners. mhe County Planning Board or joint Planning Board shall
have the duty of preparing the zoning plan including both the full
text of the Zoning Ordinance and a map or maps showing proposed dis-
trict boundaries. The Planning Board shall hold such public hearings
as it deems necessary in the course of preparing this plan. The Plan-
ning Board shall certify this plan to the Board of County Commissioners.
Mr. Dobson stated that on the 31st, the plan would be presented along
with the text and maps and show just how each zoning district would
apply to the plan."
..
Discussion ensued as to what the comprehensive plan really is.
Chairman Garrett asked the Planning Board to make recommendations
to the Commissioners regarding the County Development Plan.
The Planning Director spoke of the characteristic of an AR-1
Planning District. He then referred to Page 1 of the proposed Zoning
Amendments.
Discussion ensued :concerning Section 1: Flood Hazard District:
Subsection 1.1 Definitions: 3).
The word "area" shall be included on the second line of this
section ~o read or other body of inland water, which area has, etc.
Page 2 - The Planning Director pointed out several deletions and
changes that had been made on this page.
Subsection d): Delete the words rivers and op nds on the second
line of subsecf.ion d) .
Subsection 1.2: Add the word information on line five which
shall read "must present appropriate soils information hydrologic data,"
etc.
Subsection 1.3: Add the words including necessary fences to number
1 on line. three which shall read "and related uses including necessary
fences."
Subsection 1.3: Change Laws, to Lawns and delete the word parking.
The use to be changed from (P) to (C). This is number 3 under sub-
section 1.3.
Subsection 1.3: Number 6, change the work circuses to feastivals
Discussion ensued concerning Subsection 1.2 which states that "A person
wishing to contest the location of the boundaries must present appropri-
ate soil information and rzydrologic information indicating the precise
limit of the lOp ye.sr flood to the Bcard of Adjustment."
B. B. Olive suggested that this Subsection be changed to read:
"The Orange County zoning Officer will designate the exact location of
the district boundaries w11en necessary and the basis on which such loca-
tion eras determined. A person wishing to contest the location of the
boundaries may take exception to such basis or may have the opportunity
to present appropriate soil information and hydrologic date, etc."
Further discussion ensued concerning some measures to b~: taken in
these amendments to stipulate a potential dam site on the Eno River.
On Page 3 of the proposed Amendments, the Planning Director pointed
out changes in the section "Conservation Setback District." On line six
change the word rivers to water ways which shall read'' which are a part
of the water ways and their environs=;" etc.
Discussion continued concerning Subsection 1.1 Definition and
Delineation. This section was left as it was until after the scheduled
public hearing of August 31, 1976.
The Board agreed to go ahead with the scheduled public hearing
with the proposed amendments as they are, since no changes of any
substance had been made. The Commissioners stated that particular
rivers and streams should be designated as being affected by these
amendments.
The Board reviewed briefly other areas of the amendments and the
adjourned to meet again on.August 31, 1976.
~i~-~ '~-
Flora R. Garrett, Chairman
Betty June Hayes, Clerk
... ,
NORTH CAROLINA
DURHAM COUNTY .
THIS AMENDATORY CONTRACT, made and entered into this the --~~ ~~
day of ~ _~~~~ 197fi, by and between COUNTY OF DURHAM
(hereinafter referred to as DURHAM COUNTY), COUNTY OF ORANGE (here-
inafter referred to as QRANGE COUNTX), and CITY OF DURHAM, a municipal
corporation (hereinafter referred to as CITY); '
W I T N E S S E T H:
WHEREAS, on the 19th day of April, 1974, Durham.County, Orange
County and the City entered into a Contract establishing a Consortium
for the purpose of implementing the Comprehensive Employment and
Training Act of 1973; and '
WHEREAS, on the 10th day of Apri].,.1975, Durham County, Orange
County and the City entered into an Amendatory Contract for the purpose
of amending the original Contract in certain regards and for the
further purpose of extending the original Contract to the 18.th day
of April,'1976; and
WHEREAS, on the 13th day of May, 1976, Dunham County, Orange
County and•the City entered into an Amendatory Contract for the purpose
.of amending the original Contract in certain regards and far.the
further purpose of extending the original Contract to the 30th day
of September, 1976; and
WHEREAS, it is the desire of Durham County, Orange County and the
City that said Contract, as amended, be renewed and extended without
interruption far a period of time to and including September 30, 1977;
and
WHEREAS, it has been determined that the appointment powers of
positions on the Durham--Orange Manpotaer Planning Council shall be
equally divided between the parties to this agreement.
NOW, THEREFORE, for and in Consideration of the mutual obligations,
benefits• and detriments incurred by each party to this Contract, and
pursuant further to the provisions of Article 20 of Chapter 160A of the
North Carolina General Statutes, it is hereby agreed by and between the
parties hereto that that certain Contract entered into by and between
Durham County, Orange County and the City the 19th day of April, 1974,
as amended by the Amendatory Contract of 10 April 1975,.and 13 May 197x;
be and the same is hereby further amended in the following particulars
1'. Section 7 of the Amended Contract is amended by deleting
said section and substituting therefor, the following:
There is hereby created a Durham-Orange Manpower
Planning Council. Said Council shall consist
of twenty-four (24) members. To the extent
practical members of the multi-jurisdictional
community who are representative of the client
community and community based organizations,
employment services, education and training
agencies and institutions, business, labor, and
where appropriate, agriculture, shall be appointed
to said Council. The Board of Commissioners of
ORANGE COUNTY shall appoint eight (8) represent-
- atives to said Council, one of whom shall be the
Chairman of the Bcard of C:.unty Caxurt~iasioners r;:
ORANGE COUNTY or his designee. The Board of
Commissioners of DURI3AM COUNTY shall appoint eight
(8) representatives to said Council, one of whom
shall be the Chairman of the Board of County Com-
missioners of DURHAM COUNTY or his designee. The
City Council of the CITY OF DURHAM shall appoint
eight (8) representatives to the Council, one of
whom shall be the Mayor of the City of Durham or
_ t
his designee. The Chairman shall be elected by
a majority vote of the members of the Council.
Each respective governing body shall appoint all
replacements and fill all vacancies among the
representatives which they originally appointed.
Absence from three consecutive regular meetings
shall operate to vacate the seat of any member,
unless the absence is excused by the Advsory
Council for good cause shown.
-x_
` ~„ ~~`
2. Section 8 of the Amended Contract is amended by adding at
'. -the end thereof, the following: -
The Council shall meet monthly. Notice of the
` time and place of each meeting shall be given
to each member at least two weeks prior to said
meeting, except for special meetings. The
Chairman, any four members of the Council, may call
special meetings of the council upon at least six
(6) hours notice to each member- Notice may be
given to a member by direct telephone communication
with such member or by direct personal conversation
with such member or by written.natice to any member
not otherwise notified by serving such written
notice personally upon such member or by leaving
' such written notice at such member's residence or
business. A special meeting may be held at any
-- time without notice provided that all of the
?^9mbsrs of .tlz? Co~~ail a~rtend,
. It is further agreed by and between 'the parties hereto that said
original Contract, as amended on 10 April 1975, and 13 May 1976
and hereby further amended, be and the same is hereby renewed and
extended without interruption for an additional period of time and
shall, unless further renewed as provided in Section 10 of said Amended
'. Contract, expire at 11:59 P.M. an September 30, 1977.
IN WITNESS WHEREOF, the parties hereto have caused this Amendatory
Contract to be executed by their duly authorized officers and their
corporate official seals to be affixed, as of the day and year first
above. written.
COUNTY OF DURHAM
Chairm of the Soard of
Commissioners far the County
of Durham -
ATTEST: ~
Clerk to the fioard -.qf
Commissioners for the (Seal)
County of Durham
' -.3-
COUNTY OF ORANGE
ti _\~
• Chairman o the Soard of ,
Commissioners for the County
of Orange
AM
City M~r~age~
ATTEST:
LEASE AGREEMENT
• 7
THIS LEASE AGREE?~TENT, made and entexed into the 1st day
of October, 1974, by and bett~reen ALDER,'"TAN-250 CORPORA IOi , a
Virginia coxporatioii wa.th its principal place of business in the
City of Charlottesville, Virginia, and domesticated and authorized
- to do business in the State of North Carolina and operating
EASTGATE SHOPPING GENTER in the City of Chapel Hi11, North
_ Catalina, (hereinafter called "LANDLORD"), and ORANGE COUNTY', a
body corporate, (hereinafter called "TENANT").
jdITNES SETH
L.4Iv'DLORD hereby leases to TENANT and TENANT hereby takes
and hires from LANDLORD the PREMISES described, fox the TERM
set forth, at the RENT stated, and which PREMISES shall be occu-
pied and used by TENANT only far the PURPOSE described in the
schedule hereto annexed, made a part hereof, and narked "SCHEDULE
A", and in consideration of which LANDLORD and TENANT, except. as
may be otherwise expressly provided in "SCHEDULE A" ar by other
wxitten agreement expressly identified and xefexred to in "SCHEDULE
A", covenant anal agree as follows:
FOSSESSION 1. TENANT shall have possession of the demised
premises on October 1, 1974. In the event tha~C
' by.reasan of the holding over of a prior occupant
" ar fax any other cause beyond the control of LAND-
-LORD the latter shall be unable to give TENANT
-possession of the PREMISES on the date .herein
provided then LANDLORD shall not be liable
- ~ in damages to TENANT by reason thereof and during }
the period that LANDLORD shall be unable to give
TENANT possession all rights and remedies of
both parties hereunder shall be suspended.'
DEFINITIQNS 2. As used herein, except only where the context
requires a different meaning, the ward "PREMISES"
shall mean and refex to. the demised premises
described or identified in "SCHEDULE A"; "BUILDING"
' shall mean and refer to the structure in 'which
such "PREMISES" are located, and the team "SHOPPING
.;CENTER" shall. mean and refer to the land and the
_ iutprovements located in the City of Chapel Hill,
_ North Carolina, and being more particularly
described as follows: -
Beginning at a highway monument located -.
in the southern right-of-way line of U.S.
Highway 15A-501A, the northeastern corner of
the Crowell Little Motor Company property;
thence along and with the southern ri~ht-af-
way line of said highway North 65° 00 East
" 280.1~r feet to a stake; thence continuing the
said right-of-way North 54° 50' East 189.40 feet
. to a stake; thence continuing with said right-
___
'- of-way North 53° 41' East 326.01 feet to a
stake; thence South 68° 15'30" East 165.65 feet'
to a stake; thence South l2° 00'36" East 262.60
feet to a stake; thence South 45° Ol' East
4'3.64 feet to a stake in the western right-of-~
way line of U. S. Highway 15-501; thence with
the western right-af-way line of U,5, Highway
15-501 South 8~ 00' West 604.3 feet to a stake;
- thence North 82° 00' West 476.26 feet to a
.stake, the center line of the east wall of a
culvert ovex Booker Creek; thence in a souther-
ly direction with the center line of Booker
Creek 56S feet, plus or minus, to a stake;
thence North 88° 47'02" West 195.49 feet to a
stake; thence North 6° 00' West 551.37 feet to
a stake; thence North l7° 24' FTest ].31.99 feet
to a stake; thence North Ol° lg' West fi7.44 feet
to a stake; thence North 5° l5' East 68.26 feet
to a stake; thence North. 10° 47' East 93.79 feet
to a stake; thence North 6° 00' West 144.13 feet
to the iron stake in the southern right-of-way
line of U.S. Highway 1SA-SO L4, the point and
place of beginning.
CONDITIONS 3. LANDLORD shall use reasonable diligence to
PRIOR TO have th.e PREMISES ready for occupancy on or
OCCUPANCY before October 1, 1974, Zn the event the '
PREMISES axe not ready for occupancy by TENANT wa..tY: -~
' in two (2) weeks of the above date, TENANT, uliles°
,. such delay is beyond the reasonable control,.af-
. LANDLORD, at its option, inay term3.nate.this.lea:~
by ggiving .written .notice. thereof to LANDLORD. i:...
' right of termination herein provided is.sepaxa.te.
_ and independent of any other provision of this leae• ?.
relative to termination.
RENT . 4. RENT for said PREMISES shall •be paid by TENAI3T
to LANDLORD in the amounts and at such times
stated in "SCHEDULE A". TENANT shall pay such.
- RENT to LANDLORD at the letter's office in ~
Charlottesville, Virginia, at Post Office-Box 951.,
.Charlottesville, Virgix~.ia, 22902, or upon the
prior written direction of LANDLORD to such other
,place as I.ANALORD may from time to time direct..
CASH PAYMENT
5. TENANT at the time of the signing of the Leas.r i
Agreement shall pay in cash to the LA1~'DLORD a
sum set forth in SCHEDULE A, which sum shall be
computed and based on the costs of the lighting
fixtures and air conditioning equipment for the-
premises herein demised and leased, provided,
however, that such lightingg fixtures and air eon-
ditioning equipment shall be and remain the pro-
- perty of the L.4NDLORA, and provided f'uxther that.
such sum shall be in addition to any sums referre
to in Paragraph 6 of this Lease Agreez~ent.
..2-
r~
PEttCE,PIT~iGE 6. If the RENT payable hereunder by TENAPIT is
part upon a com-
in an
.- ~ RENT y
to be based in whole or
ercentage of the grass amount of
f a
i
p
on o
potat
sales of the business conducted at or from said
PtZEZ•IiSES then
GROSS AriOUNT a. The term 'GROSS AMOUNT OF SAES" as used
and shall be
,
Ox SALE'S herein is hereby defined to mean
dollar value, exclu-
f the
.
the total amount o
e of the amount North Carolina Sales Tax
i
s
v
paid or payable thereon, of all sales of mer--
char~dise and services and all revenues of every
out of
i
i
s
ng
kind and character derived from, ar
f the business and all
or payable on account o
conducted at ox from said
i
ons
business transact
PRErIISES by or for the account of TENANT, both
fax cash and on credit, including all orders for
id at or from
merchandise or servi-ces taken or sa
said PREMISES and filled or delivered from any
other place or location. The amount of the dollar
redit granted for
d
s or c
value of bona fide refun
of merchandise shall ba charged as a credit
return
in reduction of the GROSS AMOUNT OF SALES for the
period within which such refunds or credits for
return of merchandise shall have been made.
RECOR175 b. TENANT, during the TERM of this lease, shall
±aintained and
b
e r
maintain and keep, or cause to
a full, complete and
id pREMTSES
t
,
sa
kept, a
accurate permanent record and account of all sales
of merchandise and services and all sums of money
x or arising
t
o
paid or payable for or on accoun
nd all business 'transactions
out of the business, a
onducted at ar from said PREMISES by or for the
c
account of TENANT far each day of the TERM hereof.
Such retards and accounts and all supporting re-
cords at all times shall be open to inspection
and audit at said PREMISES by LANDLORD and its
duly authorized agents or representatives at all
s
h
.
our
reasonable times during ordinary business
f such investigation and audit shall
The cost o
be borne by LANDLORD, Provided, however, in the
event any written statement or report of GR055
uired to be submitted
in re
S h
q
ere
AMOUNT OF SALE
by TENANT to LANDLORD is. determined as the re-
~
sult of such investigation and
~o
o
the cost
more
correct by one per cent (1%),
thereof shall be borne by TENANT.
On or before the fifth (5th) day of the month
REPOF.TS c.
following the month in, which the TERM hereof
_ co~nences and on or before the fifth (5th) day of
nd including the month
s
t
.
o
each month thereafter,
following that in which the TERri hereof shall
terminate, TENANT, at the place where the RENT
herein reserved shall be payable, shall deliver
to TANDLORD, or the person, firm., ar corporation
to whom such RENT shall be payable, a complete
-3-
written statement showing in all reasonable
.- - detail the GROSS AMOUNT OF SALES for such pre- '
ceeding t'~onth, including therein the number and
dollar amount of all refunds and credits for re-
turn of merchandise, if any, made during such
period. Each suc}a statement shall be signed by
the TENANT or if TENANT is a corporation then by
one of its principal officers, and if so re -
quested by LANDLORD such statements shall be
signed under oath.' LANDLORD, if it so elects,
may require that any or all of such statements
be prepared and submitted by a Certified Public
Accountant to be selected by and the cost of
which shall be borne by LANDLORD. Within sixty
(b0) days of the end of the first complete fis-
cal year of TENANT, occurring during the TER'~I
of this lease and within sixty (60) days of the
end of each fiscal year of TENANT thereafter,
TENANT, at the place where the RENT herein re-
served shall be payable, shall deliver to LANALORI~,
or the person, firm or corporation to whom such
RENT shall be payable, a written statement pre-
pared by a Certified Public Accountant showing -
in all reasonable detail the GROSS AMOUNT OF SALES
for the preceeding fiscal year and including -
therein the number and dollar amount of all re-
xunds and credits for return of merchandise., if;
any, made during such period. Such Certified
Public Accountant shall be selected by and the
cost thereof shall be borne by TENANT.
USE OF PREMISES 7. The PREMISES during the TERM of this lease
shall be used and occupied solely for the
PURPOSE stated in Schedule A and TENANT shall -
not use ox permit the same to be used for any
other purpose or purposes without the prior
written consent of LANDLORD. TENANT at all times,
shall fully and promptly comply with all laws, '
ordinances, orders, and regulations of any lawful
authority having jurisdiction of said PREMISES,,
- including but not limited to such as shall relate
to the cleanliness, safety, occupation, and use .;
of said PREMISES and the. nature, character, and
manner of aperati.on of the business conducted
in or at said FREMISES. Except as otherwise -
expressly provided herein, TENANT shall cause
said business to be conducted and operated on
Monday, Tuesday, Wednesday, Thursday,. and Saturday.,-
from the hours of 8:30~.a.m: to 6:00 p.m. and on
Friday from the hours of 8:30 a.m. to 9:00 p.m.,
Eastern Standard Time, or if different hours shall
.be prescribed by.the hereinafter mentioned
Merchant's Association and appzoved by the LANDLC`^T'
then during the hours so prescribed and appzoved:
and in good faith and such manner as shall assur=
the transaction of the maximum volume of business ...-
and at said PREP'IISES, TENANT shall not permit,
_y,_
• allo.a or cause any public or private auctia;.1
- sales to be conducted in ar at said PRr~41SES or
_ the adoption or use of any sales promotion de-
vices or practiczs that shall tend to mislead or
deceive the public or tahich directly or indirectly
would tend to detract froth or impair the reput~-
tion or dignity of said business, said PREMISES,
the BUILDING, the SIOPPING CENTER, or the get=era?
reputation ax dignity of the busi.;zess,of others
conducted in the SkIOPT?ING CENTER .
ALLEYS
STREETS $. TENANT shall have a non-exclusive right of use
,
AND PARKrNG of a17. streets, driveways, and alleys adjoining
AREAS said PRE~STSES. Public parking areas provided by
LAN-DLORD in and about the SHOPPING CENTER are
acknowledged to be intended primarily far use by
customers in said SHOPPING CENTER. TEIw~VT shall
hat ar_d shall hat permit its employees to use said
parking areas, the streets, alleys ar vacant lands
in said SHOPPING CENTER for the parking or storage
of any automobiles, trucks, or vehicles awned ox
used by them except as may be approved and desig-
Hated in writing by LANDLORD and TENANT on request
of LANDLORD, within five (5) days thereof, shall
furnish to LANDLORD a written statement of the
names of a7.1 employees, agents, and representatives
employed in or at the PREMISES by TETdANT and the
license registration r_umbez of all vehicles owned
or used by TENANT or by such employees, agents or
representatives. The cost of maintaining and opexa-
ting the public parking areas, and all other areas
in the SHOPPING CENTEP. provided by LANDLORD for the
Han-exclusive use of TENANT, shall be borne pro-
. rata. by TENANT an the basis which the square foot-
. age of BUILDING area in the PREMISES leased by
TENANT bears to the total gross square footage of
BUILDING area, in all PREMISES leased in the ST30PP-
ING CENTER, and such cost to include all expenses,
incurred by LANDLORD in lighting, repairing, paint-
ing, cleaning, and policing (including .the xemaval
of snow and ice) the areas hezein referred.to.
LANDLORD shall prepare and submit to TENANT a
monthly statement, setting forth in xeasor_able
detail the expenses incurred by LANDLORD in tnain-
taining and operating said areas during the pre-
. seeding month, and including therein the pro iota
share of such expenses to be borne by TENANT.
TENANT shall pay to LANDLORD such pro rata share
a4 the time and place, and in the manner provided
hezein for the payment of RENT.
SIGNS AND 9. TENANT shall not pernit, allow, or cause to be
ADVERTISING erected, installed, maintained, painted, or dis-
played, an, in or at said PREMISES ar any part
thereof any exterior or interior sign, lettering,
placard, announcement, decoration, advertising
media ar advertising material of any kind whatsoever,
-S-
visible from the exterior of said PREMISES, wit~iou
• the prior tiaritten approval of LANDLORD; pravidad,
ho*.vever, that subject to compliance with all other
.
applicable provisions hereof, TEidAi~TT, may display
merchandise and advertising media zrithin said
PP,ET•IISES but net closer than three (3) inches to
the interior side of any store frar_t display win ••
dow. TENANT shall net permit, allow, or cause to
be used in or at said PREMISES any advertising
media or device such as phonographs, radios, pub7.ir:
address system, sound production ar reproduction
devices, mechanical or moving display devices,
motion pictures, television devices, excessively
bright lights, changing, flashing, flickering or
moving lights ar lighting devices, ax any similar
devices, the effect of. which shall be visible or
audible from the exterior of said PREMISES.
EXAMINATION OF 10. .TENANT shall examine the said PREMISES befoze
PREMISES taking possession and TENANT'S entry into possess-
ian shall canstituta conclusive evidence that as
of the date thereof the 'said PREMISES ware in goon.
order and satisfactory condition.
MAINTENANCE 11. LANDLORD, at its sale cost and expense, shall
AND .REPAIRS maintain and keep in good repair the roof, extern,::..
and supporting walls, the electrical wiring and
the plumbing of the BUILDING; provided, however,
that the cost of any such repairs required as a
result of the negligence ar willful act of TENANT,
its custom_rs, licenses, agents, servants, or
employees, shall be borne by TENANT. TENANT,, a.;
" its sole cost and expense, whether the same she:.'
be the property of TENANT, or L.4ti'DLORD, shall
promptly repair and at all times iaaintair. iz~. goad
condition the interior of said PREMISES, including
• heating units, store fixtures, store equipment, aiz-
conditioning equipment; electrical. fixtures and ,
equipment, electrical installations, plumbing,.
p lambing equipment and fixtures, all machinery,
all hardware, all interior painting or decoration
of every kind, all doer and window screens and re~~
place. all broken or damaged glass, including winds,.
glass and plate glass, and such repairs and zeplac..•
menu shall be made only by persons approved in --
advance in writing by LAlv'DLORD. -
EQUIPMENT AND 12. TIENAIrT shall not install in or about said •
FIXTURES PREMISES any interior or exterior lighting or
-
,
plumbing fixtures, steps, partitions, walls,
fences, shades or awni~.gs or make any structural
changes or alterations in or to any part of the
BUILDING or the PREMISES, except upor_ the prior
wzitten consent of LANDLORD. All furnishings,
fixtures, and equipment used in said PREMISES
-6-
- supplied and installed at the sale cast and ex-
~.••--. .• pease of TENANT, except lighting fixtures and air
conditioning equipment, shall at all times be and
rennin the property of TENANT and the latter shall
have the right to remove the same from the said
- PREMISES at any time during the TERM hereof or
' within fizre (5) days next following the date of
termination of this lease, provided TENANT shall
not be in default hereunder and provided further
that TENANT, at its sole cost and expense, shall
repair or reimburse LP_NDI.ORD for the cost of re-
paixing any and all damage to said PREMISES result-
. ing from the removal of such furnishings, fixtures,
and equipment.
CARE OF 13. TENANT stall not permit, allow, ox cause any
PREMISES act ar deed to be performed or any practice to be
adopted or followed in or about said PREMISES which
shall cause or be likely to cause injury ax damage
to any person ar to said PREMISES or the BUILDING
or to the sidewalks and pavements adjoining the
PREMISES. 'T'ENANT shall not permit, allow or cause
any noxious, disturbing or offensive odors, fumes
or gases, or any smoke, dust, steam or vapors, ar
any loud or disturbing noise, sound or vibrations
to originate in or to be emitted from said PREMISES.
TENANT at all times shall keep said PREMISES in a
neat and orderly condition and shall keep the
entry ways, side~ralks and delivery areas adjoining
the PREMISES clean and free from xubbish, dirt,
snow and ice. TENAI~TI shall keep the PREMISES cleax
~~~ and free of rodents, bugs, and vermin and at the
request of LANDLORD participate and cooperate in
carrying out any program of extexmiziation that
LANDLORD may direct and TENANT shall bear the cost
thereof, or if conducted in cooperation with other
tenants then TENANT shall bear its pro zeta cost
on the basis of floor areas involved. TENANT shah.
not use or permit the use of any portion of said
PREMISES as sleeping or living quaxters or as
lodging zooms, or keep or harbor therein any live
animals, fish, or birds, or use the same for any
illegal purpose. TENANT shall not permit, allow
or cause the sinks, toilets or urinals in the
PP.ErIISES or BUILDING to be used fox any purpose
except that for which they were designed and in-
stalled, and the expense of repairing any break-
age or damage or removal of any stoppage resulting
from a contrary use thereof shall be paid by
TENANT. TENANT shall maintain the show windows
in a clean, neat and orderly condition and the
glass thereof clean, and shall stone all trash,
rubbish anal garbage within said PREMISES, and
shall provide for the prompt and regular removal
thereof for disposal outside the area of the
SHOPPING CENTER, and TENANT shall not burn or
otherwise dispose of any trash, waste, rubbish ar
garbage in or about the PREMISES, ar said SHOPPING
CENTER.
_7_
- . ;FOVZNG OF 14. TENAPdT shall not allow', permit ox cause to be _
' FUR~vITL"RE taken into or removed from the PREMISES any heavy
HEAVY AP.TICLES or bulky articles, furnishings, fixtures ax equip-
ment of such size ox wez.ght as shall. require the
use of tackle, carts, dollies or other moving aids ,
or the services of more than two (2) men, except
upon the prior approval of LANDLORD and at such
times as the latter shall specify. TENANT shall
be liable for the cast of any damage to the PRE'~i
or the BUILDING ar the s3.dewallcs and pavements
adjoining the same which shall result from the mo~~-•-
went of such articles or objects. TENANT'shall
not unduly load or overload. the floors ox any par:
of said PREMISES and any heavy object ax article
stored or used therein shall be stored and placed
only in such place or location as LANDLOR•7, if it
so elects, shall designate,
DOSS OF 15. LANDLORD shall not be liable for any loss
PROPERTY of anq property of TENANT from said PRr~iISES ar
OR DAMAGE fox any damages to any property of TENANT, however..
occurring, except only such damage in the latter
instance as may result directly from the failure
of LANDLORD to perform an act required of it under '°:
the terms of this agreement. I.ADTDLORD, without.
liability to TENANT, shall have the. right and may
at .any time close the said PREMISES whenever the
same may become necessary in compliance with any
law, order, regulation or direction of any lawful.
authority or the agents, officers or representa-
tives thereof ax in the event of any public dis-
,, turbance or like circumstance which, in the jud~-
meat of LANDLORD, may appear proper or advisablT
ENT~tY OF 16. Li~NDLORD, its agents anal representatives , at
LANDLORD all reasonable times may enter. said PREMISES for
the purpose of (1) inspection thereof, (2) inspec-
Lion and examination of TENANT'S records pursuant
to the provisions of paragraph number 6 hereof,.
(3) making repairs, replacements, alterations ar
additions to ss.id PREMISES ox said BUILDING, (4)
-exhibiting the PREMISES to prospective tenants,
purchasers or other persons, and (5) during the
last ninety (90) days of the term hereof, if
during ox prior to such ninety (90) day period.
TENANT shall have vacated the PREMISES, to deco-
rate, remodel, alter and otherwise prepare the
PREMISES for reoccupancy and any such entry by or
on behalf of LANDLORD shall not be ar constitute
an eviction, partial eviction or deprivation of
any right of TENANT, ap.d shall not alter the ab-
ligations of TENANT hereunder or create any right
in TENAYdT adverse to the interests of LANDLORl].
_g_
nL~
' . ' ~IISE AN[7 COST 17. TF,NANT shall procure for its was aelectricnd
OF UTILITIES ~ shall pay the cost of all water, n ,
AND SERVICES power and fuel consumed or used in or at said
PREMISES. TENANT shall keep all sho•~r windows and
display windows visible from ox fronting on: the
' street or other public way, and all adjoining
wa1"Lcways and marquee lights and approved exterior
electric signs clearly illuminated during the hours
from dusk to 11:00 p.m. Eastern Standard Time,
each` day, including Sundays and Holidays. LANDLORA,
if it shall so elect, within six (fi) months after
the date of TENANT'S entry into occupancy of said
PREi"lISES, shall furnish and install at such place
on the exterior of said BUIL-ING as LANDLORL shall
designate an electrically illuminated sign of such
design, content, form and material as shall be
selected by LANDLORD for the purpose of designa-
ting generally the location of the said baidnbss
of TENANT and the cost thereof shall be p y
TENANT to LANDLORD within ten.(10) days after de-
mand thereof by the latter, and TENANT, at its
sole cost and expense, at all times thereafter
during tihe TERM hereof shall promptly repair and
at all times maintain such sign in good condition.
BUILDING ANA l8. LANDLORD, without liability of any kind to
SHOPPING CENTER TENANT, at any time nay construct additional
CHANGES buildings and change, alter, remodel ar remove
- any of the improvements of the 5HOPPING CENTER,
ar alter, change ox add to the said BUILDING,
close off, enlarge or decrease the sine or change
the locations of. any skylight, window, door ox
opening in or about said PREMISES ox said gUILDxNG,
provided that at all times. there shall be provided
a public entry-way to said PREMISES; alter, remodel
or change the store front of sahdsPa dMPREt~ISES
install ox emplace in or throng
wiring, piping, ducts or conduits fox service of
the PREMISES or other parts of the BUILDING ox
other buildings.
pxgE ANp 19. .If the PREMISES shall be made untenaatable
OTHER CASUALTY by fire or other casualty, LANDLORD, if it so
elects, may (a) terminate the term of this lease,
effective as of the date of such fire or casualty,
by written notice .given to TEt:ANT within thirty
(30) days after such date, or (b) repair, restore,
or rehabilitate said PREMISES at LANDLORD`S expense
within ninety (90) days after the date of such fire
or casualty, in which event the TERM hereof shall
not terminate but atiy base, fixed, or guaranteed
minimum RENT herein reserved shall be abated on a
per diem 'basis while the pRE1~ZISES shall remain
untenantable. If LA,NbLORD elects to so repair,
restore or rehabilitate said PREMISES and shall
-9_
fail to substantially comp7.ete the same within
said ninety (90) days, dua all.awance being made
fox delay due to practical. i.,-npassibility, either
LANDLORD or TE~dANT, by ~~rritten r_atiCe tv the other ,
given within fifteer_ (15) days next follo*aing the _
last day o~ said ninety (90) day period, nay ter-~
urinate the TERM hereof as of the date of such fi;:<
or casualty. In the event of termination of the -.
TERT1 hereof pursuant to this paragraph, base, .
fixed, or guaranteed minimum RENT, if any, rese~:ve_.
hereunder shall be apportior_ed an a per diem basis
-and paid to the date of such fire or casualty, and
percentage REPJT, if any, shall be paid to the de.te
of termination. The right of terminatior. hexein
provided is separate and independent of any otc-er
provisions of this lease relative to termination..
USE OF NAPS 20. TENANT shall not use oz permit others on its
APID PICTURES OF behalf to use the name of the PREMISES, the BUILD-
PREMISES, BUILD- ING, or the SHOPPING CENTER for any' purpose other
ING, OR SHOPPING than as the address of the business to be conducts.
CENTER in or at said PRyMTSES ar to use any picture or
liker_ess of the PREMISES, the BUILDING, or the
SHOPPING CENTER, or any part of any of the same
in any advertisement, notice, correspor_denca, ar
^ther type of announcement or corumunication with
out the prior wzitten consent of LANDLORD. TENANT
shall not have or acquixe any property xight ar
interest in ar to any name ox distinctive designa-
tion which may became identified ar associated cry..:
the business to be conducted in or at said PREri?:.::
if such name or distinctive designation shall can.
tain as a part thereof the name or distinctive d¢-
signation oz any reference to the PREMISES, the
BUILDING, the SHOPPING CENTER, or any part of com-
bination of parts of any of ,the same, but all pro-
peaty xights and rights of use of such name or
distinctive designation shall be and remain the
property of LANDLORD.
INSURANCE 21. (a) LANDLORD, during the TERN of this lease, -
ANA TAXES ar any extension hereof, at its own sale cast and -
expense, shall keep the BUILDING and PREMISES in-
sured to the extent of its full insurable value
against loss ar damage by fire, with extended cover
age. TENANT during the TERM hereof, at its own
sole cost and expense, shall keep all furniture,.
fixtures, and equipment whether supplied ar own.ed
by TENANT or by LANDLORD, and, in addition, all
glass farming a part o~ the PREMISES, including,
but not limited to, plate glass, insured to the
extent of its full insurable value thereof against
loss oz damage by fire, with extended coverage.
(b) LANDLORD shall promptly pay as and when
the same shall become dua and payable, all taxes,
~10-
~_~:~
_, levies, and assessments levied upon the BUILDING
' - and PP.E~?ISES durir_g the TEP.M of this lease, or any
extension hereof, and in the event of default,
TENANT, at its election, may pay the same and deduct
the amount thereof, together with any penalties and
interest tahich may have been paid by TENANT, from
' the RENT next accruing hereunder..
(c) It is expressly understood and agreed
that the RENT herein xeserved is based upon in-
sur~.nce rates, ad valorem tax rates and property
' valuation prevailing during the first year of
occupancy under this lease. In the event that
said insurance rates, tax rates or property va1-
uation are thereafter decreased during the TERM
of this lease, ox any extension hereof, LANDLORD
shall credit to the account of TENANT an amount
equal to any resulting decrease in cost of insur-
an~e or taxes. In the event said insurance rates,
tax rates, or property valuation are thereafter
increased during the TERM of this ].ease, or any
extension hereof, TENANT shall pay to LANDLORD,
as additional rental, an amount equal to any re~
suiting increase in cost of insurance or taxes.
It is further agreed, however, if TENANT shall pay
or become bound and obligated to pay to LANDLORD
as additional rental far any lease year during
which such increase in cost of insurance or taxes
' shall occur, a percentage RENT aver and above the
annual base, fixed, or guaranteed minimtua RENT
herein reserved, LANDLORD shall apply or credit in
payment thereof the percentage RENT paid or re-
' quired to be paid by TENANT.
MERCHANTS' 22. If there should be established an association
ASSOCIATION of the merchants engaged in business in the
SHOPPING CENTER, TENANT agrees that it shall main'
fain membership in said association and make annua%.
contributions thexeto in accordance with the sch2d-
ule of rates determined by the governing board of
' such Merchants' Association. TENANT shall abide by
all decisions made by and will adapt store hours
prescribed by said MERCHANTS' ASSOCTATTON and
approved by LANDLORA. TENANT shall conduct and
operate its said business in a manner in keeping
with the dignity and reputation of the SHOPPING
CENTER and will make all reasonable effort to work
harmoniously with other merchants in the SHOPPING
CENTER.
ALTERATIONS 23. TEN_~1NT may make minor alterations to the
interior.of the PREMISES sa that the same shall
_ cor_form to the uses of said business, provided
such alterations shall be paade at the expense
of TENANT with the prior approval of and under
the supervision of LANDLORA'S architect ox can-
tractax.
-11-
.. . q.Y, .~,, ~~i ,, ..r w
- ' -'EMINEiIT 2~. Zn the event that the whole or any part of
pQ~4IN said PREMISES shall be taken by an.y public au-
thority under the powex of eminent domain ar like
po~~r, then the TEP.M hereof shall terminate as
to the part of the PREMISES so taken, affective
as of the date possession thereaf shall ba re-
quired to be delivered pursuant to the final _
order, judgment, oz decxee entered in the pro-
. ceedings in exercise of such power. All damages
awarded fox the taking of said PREMISES, or any
part thereof, shall be payable in the full amount
thereof to and the same shall be the property of
LANDLORD, including, but not limited ta, any sum
paid ar payable as compensation for loss of value
of the leasehold or loss of the fee or the fee of
any part of the PREMISES, and TENANT shall be en-
titled only to that portiai of any award expressly
stated to have been made to TENANT fox loss of
business and the loss of value and cost of removal.
of stock, furniture, and fixtures oa~xlad by TENAl~iT..
ASSIGN'~NT AND 25. TENANT shall not assign or in any manner
SUBLETTING transfer this lease or any estate, interest or
benefit therein or sublet said PREMISES or any
paxt or parts thereof ar pexmit the use of the same
or any part thereof by any one other than TENANT
without the pxior written cansent.of LANDLORD.
Consent by L,4NbLOR7 to any assignment yr transfer
• of interest undex this lease, ar subletting of sa"
PREMIS'E5 or any part thereof shall ba limited t
the. instance stated in such written cansent and
shall not constitute a release, waiver, or conse~:.:
to any other assignment, transfer of interest, o'r
subletting. zt is specifically understood that the
transfer of a majority stock of a TENANT corporativ
constitutes a transfer of interest, and it shall-b~~.
nedessaxy to have the consent of the LANDLORD prio~-
to any such transfer of interest.
HOLDING OSTER 26. In the event TENANT remains in possession of
the PR~IISES after the expixation of the TERM
hereof and without the execution of a new lease,
TENANT thereby shall not acquires any right, title,
or interest in or to said PREMISES, provided,
however, that at the option of the LANDLORD, by
written notice of the exercise thereof, TENANT
as a xesult of such holding oven thereby shall
have renewed this lease for the fuxther period
of the TERM herein provided and if LANDLORD
shall not exercise the option above described
then TENANT as a xesult of such holding over
shall occupy said PREt4TSE5 as a tenant from
month to month; and in either event subject to -
all the conditions, pxovisions,, and obligatior_s
of this lease insofar as the same shall then be
applicable to whichever of such tenancies shall
result.
-12-
' : pErAUZT 27. The happening of any one oz more of the fallow--
':- ing listed events (hereafter referred to singly
as "event of default" and plurally as events of
default") shall constitute a breach of this lease
agreement on the part of the TENANT, namely:
a. The filing by, on behalf of ar against TENATdT
of any petition or pleading to declare TENANT a
bankrupt, voluntary or involuntary, under any ban?t-
ruptcy law or act.
'b. The failure of TENANT to pay any RENT payable
under this lease agreement and the continued failure
to pay the same for five (5) days ar more after
written notice of such failure of payment is given
to TENANT by LAND1,ORiJ .
c. The failure of TENANT to fully~and promptly
perform any act required of it-.in the performance" --
of this lease or to otherwise comply with any term
ar provision thereof. ~ '..
d. The appointment by any court or under any~law ~:
of a receiver, trustee or other custodian of the'
property, assets oz business o~ TENANT.-
e. The assignmeriti by TENANT .of all" ar any` part .
of its property ax- assets far ~h.e benefit of.. credi-
tors.
Upon the happening of any Event of Default, LANDLORD
if it shall so elect, may terminate the TERM of this
lease agreement and in the event LANDLORD shall
exercise such right of election the same shall be
effective as of the date of the event of default
upon written notice of LANDLORD'S election given by
the latter to TENANT at any time after the date of
such event of default. Upon any terminata.on of the
TERM hereof, whether by lapse of time or otherwise,
TENANT shall promptly surrender possession and vacaL:.:
the PREMISES and deliver possession thereof to LAND-
LORD and TENANT hereby grants to LAT~TDLORD full and
free license to enter into and upon the PREMISES
in such event and with or without process of law to
repossess the PREMISES as of the LANDLORD'S former
estate and to expel ox remove TENANT and any others
who may be occupying the PREMISES and to remove
therefrom any and all property, using for such
purpose such farce as may be necessary wa.thaut being
guilty of or liable for trespass, eviction or force-
able entry or detainer and without relinquishing
LANDLORD'S right to rent or any other right given
to LANDLORD hereunder or by operation of law. Except
- as otherwise expressly provided, in this lease,
TETr'ANT hereby expressly waives the service of any
demand far the payment of xenC or for the possession
of the PREMISES or to reenter the PREMISES, including
-13--
•. -_
seal to be hereto affixed, all by order of its Board of Directors
duly givzn, and ORAL;: E COUNTY. BOARD OF CO~~IISSIO~~RS has caused
these presents to be signed in a.ts corporate name, by its Chai.x-
~•ronz2.n, attested by its Clerk, and its corporate seal to be hereto
affixed, all by authority of its Board of Commissioners du7.y giv4::~,
the day and year first above ~rritten.
. ,:~~,~
,;~'~ .;
;,.
~• ' • 1 ~ .) .~ ,'•`' ',' ALDE&`IAN-250 CORPORATION
. ~ ~
• ,~;'~~~~• -SEAL- Vice-Presi ent
ATTEST:
Giu:i `r Secretary
. ORAI~TGE COU'ITY BOARA OF CO,IrIISSTONERS
. By ~~~
. airwamarz r
--SEAL- .
~, .
'' •ATTEST:
_~-
er
S
i
s
..-~
-].5-
STATE 0~' VIP.GZNIA
- '- ~COUNTX OF A1,BEM,AILE
_ Th3.s 3.s to certify that an this day pexsonally came before me.
with whom I am pexsonally acquainted, who
oeing by ule u y sworn, says that John H. Nelson is the
Vice President and that he, said '
is - Secretary of ALDERMAN-250 C TION, t e coxpaxata.on
descried in and which executed the foregoing instrument; that he
knows the Common sell of said Corporation; that the seal fixed to
said instrument is said common seal, and that the name of the Car-
porati.on was subscribed thereto by the said Vice President, and
that said Vice President and Secretary subscribed their
names theretosaid co~anon sea war` s affixed, all by axder of the
Board of Directors of said Corporation, and that said instrument is
the act and deed of saa.d Corporation.
Witness my hand and notarial seal, this day of ,':~
19
' otary Fu is -
My commission expires:
cx:
- .r.
STATE OF NORTH CAROLINA
COUN'T' OF ORANGE
This is to certify that on this day personally came befoxe me
Bett June Ha es with whom I am personally acquainted, who
being y me u y swain, says that Flora R. Garrett i.s the
Chairwoman and that she, said ett ,7une a es is
Clerk of ORANGE COUNTX BOARD OF COMMISSIONERS, t e o y corporate
described in and which executed the foregoing instrument; that she
knows the common-seal of said,,,,.bo,dy..Cazpozate; that the seal fixed to
said instrument'-is sa~d.,co'-~mon :sx~ -:and that tha name' of the body
corporatae Gibs`subscribed`hexeto,~p~=th~~said~Chaix~saoman; and
that said Chairwoman and Clerk subscribed_~hei~:~.ames thereto and
sai.c~'_caxamon seal was affixed, al1'~ by•"autiioza.ty of''t~e Orange County
ward of Commissioners of said-body corporate,'-arid~.• said instru-
~ -•~t~rit is the act and deed of said bbdq .corporate _
Witness my hand and seal•,, .this " c~ I da • of ; g r " ,
_ .. erk o Sugerkor. C
• ~ ~ ~ - ~.'n,~'-r,}- - ~ ~ may'.. ~ -e7:` . ~~ =: \: ~. - • -~ .. - - :.
•~~ - -
'• - •~e~-'R.
5 .. ~. - - ~-!~'
r~
sc~FDG-L~ A -- PACE oNE
P13L•'1~IISES The leased PREMISES are designated on the plat
.attached to this Lease Agreement, outlined in,
red, containing approximately 3,OOG square
feet, and being si.tLate between PR~IXSES occu-
pied by W.T. Grant (Byrd Food Stores) and
Poox P.ichard's.
PifRP05E The puzpose for which the PREMISES descr~.bed
above aze leased to the TENANT aze as follows:
Office facilities for Orange County..
TEp
,''~I The TERM hereof shall be far a peripd of foux
. (4) years, comencing on the Ist day of Octobez,
197+, and ending on the 30th day of Septeezbez,
1978.
RENT TENANT guarantees to pay to LANDLORD an annual
rental of $$,250.00, during the.TEP.rI hezeof,
payable in monthly installu~ents of $657.50 each,.
payable in advance.
MODIFICATIONS Paza ra h 5, Cash Paya.ent, is deleted za its
TO STAt7DARD entarety.
LEASE PROVZ-
5I02dS .
Para za h 6, Percentage Rent,' and each subpa~a gra~..
t exeo ~s deleted in its entirety.
Para ra h 7, Use of Premises, is amended by
de et~ng t e third sentence thereof xelating to
the hours during which the YRE~IXSES aze to be
open foz business.
Para zaph 17, Use and Cost of Utilities and
ervices, is amended by deleting. the third sentencF
thereof pertaining to the install,atian bg LA1~DT.ORD
of an exterior electrically illuminated sign.
Para ra h 30, Realtoz Co~nissions, is amended by
a ding the _allowing sentence at the end of said
paragzaph:
"Provided, however, TENANT shall not be
liable to LANDLORD foz any fees on comissions
due to Sion A. Jennings for services rendezed
to LANDLORD."
~'~PPROVED
~~'
~ Landlaz
~' .
Tenant