HomeMy WebLinkAboutS Lease Approval: Temporary Location for Health Clinic During Whitted Building Renovation~,
COMMERCIAL LEASE ACyREEMENT
THIS LEASE, made this ~~~ day o
between L.Ltrrv ~~ ~-'~^--~M ~`,~ r~ ~
~o f~ox qR9
dC.~:~-2,1"
N-~ I ls~--~ort~uo,h , -~G a1~7~
and
~~ ~ol~laa..
1~~~, by and
("Landlord") whose acldress is; .
~ ~~~ "~~S ("TenanP') whose address is;
Po ~o x` 8 I 8 I N- ~~s bo ~c~~.c~ h,-~G _a`~~~ ~
WITNESSF,TH:
PREMISES
1. Landlord, for and in consideration of the rents, covenants, agreements, and stipulations hereinafter mentioned, provided for and covenanted
to be paid, kept and performed by Tenant, leases and rents unto Tenant, and Tenant hereby leases and takes upon the terms and conditions which
heteinafter appear, the following described property (hereinafter cal(ed the "Premises"), to wit:
e,~,~~P~~• Z~' ~Gt.u'1~ fY~0.~y5 ~0,~ l-I-~ IlSborou.o~l.~ IVC ~~27~
Legal Description:
~4 - 3 - - C - 5 a--~~C ~ -PS ~ R8~4 - 2~ - i Z
^ See attached Exhibit for legal description of premises.
TERM
2. The Tenant shall have and hold the Premises for a term of ~7 mon ~-~ s
beginning on the I`~+ day of ~~~ ~~'~ , 1~~Z , and ending on the
5 ~-
3~ day of ~~-~ , I~d03 , at midnight, unless sooner terminated as hereinafter
~provided. The first Lease Year Anniversary shall be the date [ elve (12) calendar months aCler the first day of the first full month of the term
hereof anJ successive l.ease Yenr Anniversanes shall be the date twelvc (12) calendar momhs from the previous Lease'Year Anniversary.
RENTAL ~ N A
3. Tenant agrees to pay Landlord or its Agent without demand, deduction or set off, an annual rental of $
payable in equal monthly installments of $ 3~~~~D •~~ in advance on the first day of each calendar
month during the term hereof. Upon execuUOn of this Lease, Tenant shall pay to Landlord the firsi month's rent due hereunder. Rental for any
period duting the [erm hereof which is less than one month shall be the pro-rated portion of the monthly rental due. On cach L,ease Year
Anniversary the annual rental payable hereunder (and accordingly the monthly inatallments) shall be adjusted:
^ any change in the Consumer Price Iudex, Urban Wage Eurncrs and Cleric.il Workers, r~ll Cities (CPl-W, t982-1984=100) ("index") by
multiplying the then effective aanual rental b}~ the value of s~iid [~i~Jex i~r the men?i~ iwo rnonths ~rinr to die Lease Ycar Annivece~ry and dividing
the product by the value of said lndex for the month hvo months prior to thr previuus Leasc Ycar Anniversary (in the instance of the first Lease
Yeaz Anniversary the value of the Index for the month lwu mond~s prior to the iirst lull month of the term hereo~. In the event the Index ceases
to be published, there shall be substituted for the Inclex the measure published by the US Department of Labor which most nearly approximates
the Index;
~ as follows: ~, r /~
av r~~
[~ If this box is ch ked, Tenant shall ay all rental to Landlord's Agcnt at the following adJress:
~Q.(~V~~~ ~I~~~.S
X
LATE CHARGES ~
4. lf Landlord fails to receive any rent payment within ,____ 1 lJ days lfter it becornes due, Tenant shall pay Landlord, as
additional rental, a late chazge cyual to ""~ _perccnl(_ ~~ '%) of the ovcrduc amount or $ ~~ . 0 ~
whichever is greater, pWs t~ny acWal bunk fees incurred for re~ur.icd ur dishonored checks. The parlies agree that such a late charge represents a
fair and reasonable estimate of [he cost Landbrd will iizcur by reason of tiuch late paymcnt.
SECURITY DEPOSIT 3~p ~pO . C~ O
5 Tenant shall deposit with Landlord or its Agent upon execution of this Leuse $_.~~_~~~_- ~s
a security deposit which shall be held as security for the full and failhful perform:~nce by encT int oC cach and every term, covenant and condition
of this Lease. If any of the rents or other charges or swns payable by Tenant shalt be over-duc :~nd unpaid or should payments be made on behalf
of Tenant, or should Tenant fail to perform any of the terms of this Lease, then Landlord or its Agenc may, at its option, appropriate und apply the
security deposit, or so much thereof as may be necessary, to compcnsate toward the payment of the rents, charges or other sums due from Tenant,
or towazds any loss, damage or expense sustained by Landlard resulting form such default on lhe part of the Tenant; and in such event Tenant shall
upon demand restore the security deposit to the original sum deposited. ln the event Tenant 1'urnishes Laodlord with proof that all utiliry bills have
been paid through the date of Lease tennination, and perCorms all of Tenant's other obligations w~der this Lease, the securiry deposit shall be
returned in full to Tenant within thirtv (30) d~~~s <~fter Ybe date u!' !he expirrlion cx s~~one~' ierminatio:l of tt;~ cerm of Chis Lease and the sur~euder
of the Yremises by Tenanl in compliance with lhe provisions of this 1_eatie. 'I'I~e Security Depos6t may be placed in an interest bearing account
and any interest tl~crcon shall be ehe property of the party holding ihe sam~e.
~If this box is checked, Agen[ shall hold lhe Security Deposit and shall be entided to the interesi thereon.
UTILITY 13ILLS ~r~(,~,nt ~S r2S oL~si b I~ ~
6. (a) Tenant shall pay the following utilities: _ _- -
Q.1.~ - E..~.I~IQ,o.~ .
i or s
NORTH CAROLINA ASSOCIATION OF REALTORS~, INC. NCAR FORM #590
REALTOR' Copyright 6/96
. .,
(b) Landlord shall pay the following utilities: ~`~ /"~ r w .
Responsibility co pay for a utility service shall include all metering, hook-up fees or other miscellancous churges associated with the installation
and maintenance of such utility in said party's name.
COMMON AREA COSTS; RULES AND REGULATIONS
7. If the Premises are part of a larger building or group of buildings, Tenant shall pay as additional rental monthly, in advance, its pro rata share
of common azea maintenance costs as hereinafter more particularly set forth in the Special Stipulations (see Puragraph 38). The Rules and
Regulations, if any, attached hereto are made a part of this Lease. Tenant agrees to perform and abide by these Rules and Regulations, if any, and
such other Rules and Regulations, if any, as may be made from time to time by Landlord.
USE OF PREMISES ~ /J~,"~,, "7 l Or~'~~ ~ "' "`~ (~~
8. The Premises shall be used for l
purposes only and no other. The Premises shall not be used for any illegal purposes, nor in any manner to create any nuisance or trespass, nor in
any manner to vitiate the insurance or increase the rate of insurance on the Premises. [n the event Tenant's use of the Premises results in an increase
in the rate of insurance on the Premises, Tenant shall pay to Landlord, upon demand and as additional rental, the amount of any such increase.
TAX AND INSURANCE ESCALATION
9. Tenant shall pay upon demand as additional rental during the term of this Lease, and any extension or renewal thereof;
~~^ The amount by which all taxes (induding but not limited to, ad valorem taxes, special assessments and any other governmental chazges)
on [he Premises for each tax yeaz exceed all taxes on the Premises for the tax year 199 ; or
N~ ^ all taxes (including but not limited to, ad valorem taxes, special assessments and any other governmental charges) on the Premises for each
tax year.
In the event the Premises aze less than the entire property assessed for such taxes for any such tax year, then the tax for any such year applicable
to the Premises shall be determined by proration on the basis that the rentable 17oor area of the Premises bears to the rentable floor azea of the
entire property assessed. lf the final year of the Lease tenn fails to coincide with the tax year, then any excess for the tax year during which the
term ends shall be reduced by the pro rata part of such tux yeaz beyond the Lease term. If such taxes for the year in which the L,ease terminates
are not ascertainable before payment of the last month's ren[al, theu the amount of such taxes assessed against [he property for the previous [ax
year shall be used as a basis for determining the pro rata share, if any, to be paid by Tcnant for that portion of the last Lease yeaz.
Tenant shall further pay upon demand as additional rental during the tenn of this Lease, and any extension or renewal thereof:
N~ ^ the excess cost of fire and extended coverage insurance including any and all public liahility insurance on the building over the cost of the
first yeaz oF the Lease term for each subsequent ye:u~ during the term of lhis Lease;or
~^ all fire and extended coverage insurance including any and alI public liubility insurance on the building. ~'
In the event the Premises aze less than the entire property, then the insurance payable by Tenant for the Premises shall be determined by proration
on the basis that the rentable floor azea of the Premises bears to the rentable floor azea of the entire property. Tenant sha11 pay all taxes and
insurance as provided herein within fifteen (15) days after receipt of notice from Landlord as to the amount due. Tenant shall be solely responsible
for insuring Tenant's personal and business property and for paying any taxes or governmental assessments levied thereon.
INDEMNITY;INSURANCE/UT/I~~x-~u~ p2Y/12~(~QG~6y LQfI~Q!'1d ~J7~jfJ~~LI[~e, ~~~U~'S OIUf~~G~ dc~ ~~62QG(~'~
10.~( Tenant agrees to and hereby does indenmifv and sa.e Lancllora harmless against zll claims for damages to persons or property by reason of
Tenant's use or occupancy of the Premises, and al! expenses incwred by Landlord because thereof, including attomey's fees ana court costs.
Supplementing the foregoing and in addition thereto, Tenant shall during the term of this Lease and any extension or renewal thereof, and at
Tenant's expense, maintain in full force and effect comprehensive general liability i~surance with limits of $ t~~ ~ O ~ r per
3 D00 000 "-, ~'^
person and $ ~ per accident, and property damage limits of $ .~~ ~ I~~ ~ which
insurance shall contain a special endorsement recognizing and insuring any liability accruing to Tenant under the first sentence of this paragraph,
and naming Landlord as addidonal insured. Tenant shall provic3e evidence oF such insurance to Landlord prior to the commencement of the term
of this Lease. Landlord and Tenant each hereby release and relieve the other, and waive any right of recovery, for loss or damage azising out of
or incident to the perils insured against which perils occur in, on or about the Premises, whether due to the negligence of Landlord or Tenant or
their agents, employees, contractors and/or invitees, to the extent that such loss or damage is within the policy limits of said comprehensive $eneral.
liability insurance. Landlord and Tenant shall, upon obtaining the policies of insurance required, give notice to the insurance carrier or carriers
that the foregoing mutual waiver of subrogation is contained in this Leasc.
REPAIRS BY LANDLORD
11. Landlord agrees to keep in good repair the roof, foundation and exterior walls of the Premises (exclusive of all glass and exclusive of all
exterior doors) and underground utility and sewer pipes outside the exterior walls of the building, except repairs rendered necessary by the
negligence or intentional wrongful acts of 1'enant, its sgents, cmployees or invitees. If thc Premises are part of a larger building or group of
buildings, then ro the extent that the grounds arc comnwn areas, Landli~rd shall maintuin the grounJs surrounding the building, including paving,
[he mowing of grass, care of shrubs and general landscaping. Tenant shall promp~ly report in writing to LandlorJ any defeclive condition known
to it which Landlord is required to repair and failure to report such conditions shall make Tenant responsible to Landlord for any liability incurced
by Landlord by reason of such conditions.
REPAIRS BY TENANT
12. Tenant accepts the Premises in their present condition and as suited for the uses intended by TenanL Tenant shall, throughout the initial
term of this Lease, and any extension or renewal thereof, ~ t its expense, maintain in good order and repair the Premises, including the building,
heating and air conditioning equipment (including but not -imited to replacement of parts, compressors, air handling units and heating units) and
other improvements located thereon, except those repairs expressly required to be made by Landlord hereunder. Unless the grounds aze common
areas of a building(s) larger than the Premises, Tenant further ugrees to care for the grounds around the building, including paving, the mowing of
grass, caze of sh.ubs and general landscap:ng. Tenant ag;ees to retu~n the Premises ko Landlord at the expiration or prior termination of this L~ase,
in as good condition and repair as when first received, natural wear and teaz, damage by storm, fire, lightning, earthquake or other casualty alone
excepted. Tenant, Tenant's employees, agents, conttactors or subcontractors shall take no action which may void any manufacturers or installers
warranty with relalion to the Premises. Tenant shall indemnify and hold Landlord harmless from any liability, claim, demand or cause of action
arising on account of Tenants breach of the provisions of this paragraph.
ALTERATIONS
l3. Tenant shall not make any alterations, addi[ions, or improvcmenls to the Prcmises wilhout Landlurd's prior writ[en consent. Tenant shall
prompdy remove any alterations, additions, or improven~cats constructed in violation of this P~ragraph upon Landlord's written request. All
approved alterations, additions, and improvements will be accomplished in a good and workmanlike manner, in conformity will all applicable laws
and regulations, and by a contractor approved by Landlord, free of any liens or encumbrances. Landlord may reyuire Tenant to remove any
alterations, additions or improvements (whether or not madc with Landlord's consent) at the termination of the Lease and to restore the Premises
to its prior condition, all at Tenant's expense. All alterations, additions and improvemen[s which Landlord has not required Tenant to remove shall
become Landlord's property and shall be surrendered to Landlord upon the termination of this Lease, except that Tenant may remove any of
Tenant's machinery or equipment which can be removed withoat material damage to the Premises. Tenant shall repair, at Tenant's expense, any
damage to the Premises caused by the removal of any such macl~inery or equipnzent.
REMOVAL OF FIXTURES
14. Tenant may (if not in default hereunder) prior to the expiration of this Lease, or any extension or renewal thereof, remove all fixtures and
equipment which it has placed in ihe Premises, provided Tenant repairs all clamage to the Premises caused by such removal.
20F5
NCAR FORM #590
Copyright 6l96
DESTRUCTION OF OR DAMAGE TO PREMISES
~ l5. If the Premises are totally destroyed by storm, fire, lighming, e~~rU~yuake or other casualty, this lease shall terminate as of the date of such
destruction and rental sha-I be accounted for as belween Landlord and Tenant as of that d~te. If the premises are damaged but not wholly destroyed
by any such casualties, rental shall abate in such proportion as effective use of th~ Premiscs har been affecled and Landlord shall restore Premises
to substantially the same condition as before damage as speedily as is practicable, whereupon full rental shall recommence.
GOVEIiNMEN1'AL ORDEILS
16. Tenant agrees, at its own expense, to comply promptly with all rcyuiremenls oi any legally constituteJ public au~hority made necessary by
reason of Tenant's occupancy of the Premises. Landlord agrees to comply promptly with any such requirements if not made necessary by reason
of Tenant's occupancy. It is mutually agreed, however, between Landlord and Tenant, that if in order to comply with such requirements, the cost
to Landlord or Tenant, as the case may be, shall exceed a sum equal to one year's rent, then Landlord or Tenant, whichever is obligated to comply
with such requirements, may terminate this Lease by giving written notice of termination to the other party by registered mail, which ternunation
shall become effective sixty (60) days after receipt of such notice and which notice shall eliminate the necessity of compliance with such
requirements by giving such notice unless the party giving such notice of termination shall, before termination becomes effecUve, pay to the pazty
giving notice all cost of compliance in excess of one year's rent, or secure payment of said sum in manner satisfactory to the party giving notice.
CONDEMNATION
17. If the whble of the Premises, or such portion thereof as will make the Premises unusable for the purposes herein leased, is condemned by
any legally constituted authority for any public use or purpose, then in either of said events Ihe term hereby granted shall cease from the date when
possession thereof is taken by public authorities, and rental shall be accounted Yor as between Landlord and Tenan[ as of said date. Such
termination, however, shall be without prejudice to the rights of either Landlord or Tenant to recover compensation and damage caused by
condertnation from the condemnor. It is further understood and agreed that Tenant shall not have any righis in any award made to Landlord by
any condemnation authority.
ASSIGNMENT AND SUBLGTTING
l8. Tenant shall not, without the prior written consent of Landlord, which shall noe be unreasonably withheld, assign this Lease or any interest
hereunder, or sublet the Premises or any part thereof, or permit the use of the Premises by any party other than the Tenant. Consent to any
assignment or sublease shall not impair this provision and all later assigainents or subleases shal( be made likewise only on the prior written
consent of Landlord. The Assignee of Tenant, at option of Landlord, shall become directly liable to Landlord for all obligations of Tenant
hereunder, but no sublease or assignment by Tenant shall relieve Tenant of any liability hereunder.
EVENTS OF DEFAULT
19. The happening of any one or more of the following events (hereinafter any one of which may be referred to as an "Event of pefaulP') during
the term of this Lease, or any renewal or extension thereof, shall constimte a breach oT this Lease on the part of the Tenant (a) Tenant fails to pay
the rental as provided for herein; (b) Tenant abandons or vacates the Premises; (c) Tenant fails to comply with or abide by and perform any other
obligation imposed upon Tenant under this Lease; (d) Tenant is adjudicated bankrupt; (e) A permanent receiver is appointed for Tenant's property
and such receiver is not removed within sixty (60) days after written notice fr~m Landlo:d to Tenant Co obtain such removal; (~ Tenant, either
voluntarily or involuntarily, takes advantage oP any debt or relief proceedings under ~ny present or future law, whereby the rent or any paR thereof
is, or is proposed to be reduced or payment thereof deferced; (g) Tenant maketi an assignment for benefit of creditors; or (h) TenanYs effects are
levied upon or attached under prcx;ess against Tenaut, wliich is not satisfied or dissolvcd within thirty (30) days after written noticc from Landlord
to Tenant to obtain satisfaction thereof.
REMEDIES [JPON DEFAULT
20. Upon the occurrence of Event of Default, Landlord may pursue any one or more of the following remedies sepazately or concurrently, without
prejudice to any other remedy herein provided or provided by law; (a) if the Event of Default involves nonpayment of rental and Tenant fails to
cure such default with five (5) days after receipt of written notice thereof from Landlord, or if the Event of Default involves a defaul[ in performing
any of the terms or provisions of this Lease other than the payment of rental and Tenant fails to cure such default within fifteen (15) days after
receipt of wriEten notice of default from Landlord, Landlord inay terminate t(~is Lease by giving written notice to Tenant and upon such termination
shall be entitled to recover from Tenant damages as may be permitted under aFplicable law; or (b) if the Event of Default involves any matter other
than those set foRh in item (a) of this paragraph, Landlord may terminate this Lease by giving written notice to Tenant and , upon such termination,
shall be entitled to recover from the Tenant damages in an amount equal to all rencal which is due and a11 rental which would otherwise have
become due throughout the remaining term of this Lease, ar any renewal or extension thereof (as if this Lease had not been terminated); or (c)
upon any Event of Default. Landlord, as Tenant's agent, without terminating this Lease, may enter upon and rent the Premises, in whole or in part,
at the best price obtainable by reasonable effort, without advertisement and by private negotiations and for any term Landlord deems proper, with
Tenant being liable to landlord for the deficiency, if any, between Tenant's rent hereunder and the price obtainedby Landlord on reletting, provided
however, that Landlord shall not be considered to be uuder any duty 6y reason of this provision to take any action to mitigate damages by reason
of Tenant's default. In the event Landlord hires an attomey to enforce its rights upon default, Tenant shall in addition be liable for reasonable
attomey's fees and ali costs of collection. ,
EXTERIOR SIGNS
21. Tenant shall place no signs upon the outside walls or roof of the Premises, except with the ezpress written consent of the Landlord. Any and
all signs placed on the Premises by Tenant shall be main[ained in compliance with governmental rules and regulauons governing such signs and
Tenant shall be responsible to Landlord for any dumage caused by instullation, use or maintenance of said signs, and s~ll damage incident to removal
thereof.
LANDLORD'S ENTRY OF PREMISES
22. Landlord may advertise the Premises "For RenP' or "Fot Sale" 3~ days before lhe termination of this L.ease. Landlord may enter
[he Premises at reasonable hours to exhibi[ same to prospective purchasers or tenants and to make repairs required of Landlord under the terms
hereof oc to make repairs to Landlord's adjoining property, if any.
EFFECT OF TERMINATION OF LEASE
23. No termination of this L,E;ase prior to the normal ending thereof, by lapse of time or othenvise, shall affect Landlord's right to collect rent for
the period prior to termination thereof.
MORTGAGEE'S RIGHTS
24. Tenant's rights shall be subject to any bona fide mortgage, deed of trust or other security interest which is now or may hereafter be placed
upon the Premises by Landlord. Tenant shall, if reyuested by Laodtord, execute a separate agreement reflecting such subordination, and shall be
obligated to execute such documentation as may facilitaie Landiord's sale or refinancing uf the Premises, including, but not limited to estoppel
certiticates, subordination or attornment agreements.
QUI~T ENJOYMENT
25. So long as Tenant observes and performs the covenants and agreeme7ts contained herein, ir shall at all times dunng the Lease term peacefully
and quiedy have and enjoy possession of the Premises, but ulways subject to the terrus hereof. Yrovided, however, that in the event Landlord shall
sell or otherwise transfer its interest in the Premises, Te~ant agrees to attorn to any new owner or interest holder and shall, if requested by
Landlord, execute a separate agreement reflecting such at!ornment, provided that said agreement reyuires the new owner ~r interest holder to
recognize its obligations and Tenant's righL hereunder.
HOLDING OVER
26. If Tenant remains in possession of the Premises after expiration of the term hereof, with Landlord's acquiescence and without any express
agreement of the parties, Tenant shall be a tenant at will at the rental rate which is in effect at end of this Lease and there shall be no renewal of
this Lease by operation of law. If Tenant remains in possession of the Premises after expiration of the terrn hereof without Landlord's
acquiescence, Tenant shall be a tenant at sufferance and commencing on the date following the date of such expiration, the monthly rental payable
under Pazagraph 3 above shall for each month, or fraction thereof during which Tenant so remains in possession of the premises, be twice the
monthly rental otherwise payable under Paragraph 3 above.
ATTORNEY'S FEES
27. In the event that any action or proceeding is brought to enforoe any term, covenant or condition of this Lease on the part of Landlord or
Tenant, the prevailing party in such litigation shall be entitlcu to reccivcr reasonable attorney's fces and costs.
RIGHTS CUMULATIVE
28. All rights, powers und privifeges conferred hercunder upon parties heret~ shall ~ic cumulative and not restrictive of thase given by law.
~t oF 5 NCAR FORM #590
Copyright 6/96
WAIVER OF RIGHTS r _
29. No failure of Landlord to exercise any power given Landlord hereunder or to insist upon strict compliance by Tenant of its obligations
hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Landlord's right to demand exact
compliance with the terms hereof.
ENVIRONMENTAL LAWS
30. (a) Tenant shall not bring onto the Premises xny Hazardous !blalerials (as delined below) withou[ the prior written approval by Landlord.
Any approval must be preceded by submission to Landlord of appropriate Material Sufety Data Sheets (MSD Sheets). In the event of approval
by Landlord, Tenant covenants that it will (1) wmply with all requirements of any constituted public authority and all federal, state, and local
codes, statutes, ordinances, rules and regulations, and laws, whether now in force or hereafter adopted relating to Tenant's use of the Premises, or
relating to the storage, use, disposal, processing, distribution, shipping or sales of any hazardous, flammable, toxic, or dangerous materials, waste
or substance, the presence of which is regulated by a federal, state, or local law, ruling, rule or regulation (hereafter collectively referred to as
"Hazazdous Materials"); (2) comply with any reasonable recommendations by the insurance carrier of either Landlord or Tenant celating to the
use by Tenant on the Premises of such Hazazdous Materials; (3) refrain from unlawfully disposing of or allowing the disposal of any Hazazdous
Materials upon, within, about or under the Premises; and (4) remove all Hazardous Materials from the Premises, either after their use by Tenant
or upon the expiration or eazlier termination of this lease, in compliance with all applicable laws.
(b) Tenant shall be responsible for obtaining all necessary permits in connection with its use, storage and disposal of Hazazdous Materials,
and shall develop and maintain, and where necessary file with the appropriate authorities, all repoRs, receipts, manifest, filings, lists and invoices
covering those Hazazdous Materials and Tenant shall provide Landlord with copies of all such items upon request. Tenant shall provide within
five (5) days after receipt thereof, copies of all notices, orders, claims or other correspondence from any federal, state or local government or
agency alleging any violation of any environmental law or regulation by Tenant, or related in any manner to Hazazdous Materials. In addition,
Tenant shall provide Landlord with copies of all responses to such correspondence at the time of the response.
(c) Tenan[ hereby indemnifies and holds hazmless Landlord, its successors and assigns from and against any and all losses, liabilities,
damages, injuries, penalties, fines, costs, expenses and claims of any and every kind whatsoever (including attorney's fees and costs, expenses or
claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, from time to
time, and regulations promulgated thereunder, any so-called state or iocal "Superfund" or "Superlien" law, or any other federal, state or local
statute, law or ordinance, code, rule, regulation, order or decree regulating, relating lo, or imposing liability or standards of conduct concerning
any Hazardous Materials) paid, incurced or suffered by, or asserted against, Landlord as a result of any claim, demand or judicial or administrative
action by any person or entity (including governmental or p~ivate entilies) for, with respecl to, or as a direct or indirect result of, the presence on
or under or the escape, seepage, leakage, spillage, discharge, emission or release from the Premises on any Hazardous Materials caused by Tenant
or Tenant's agents, employees, invitees or successors in interest. This indemnity shall also apply to any release of Hazazdous Materials caused by
a fire or other casualty to the premises if such Hazardous hlatcrials were stored oo the Premises by Tenant, its agents, employees, invitees or
successors in interest.
(d) If Tenant fails to comply with the Covenants to be perfarmed hereunder with respect to Hazazdous materials, or if an environmental
protection lien is filed against the premises as a result of the actions of Tenant, its agents, ~mployces or invitees, then the occurrence of any such
events shall be considered a default hereunder.
(e) Tenant will give Landlord prompt notice of any release oi Hazardous Materials, reportable or non-reportable, to federal, state or local
authorities, of any fire, or any damage occurring on or to the Fremises.
(~ Tenant will use and occupy the Premises and conduct its business in such a manner that the Premises are neat, clean and orderly at a11
times with all chemicals or Hazazdous Materials marked for easy identification and stored according to all codes as oudined above.
(g) The wartanties and indetnnities contained in this Paragraph shall survive the termination of this Lease.
TIME OF ESSENCE
31. Time is of the essence in this Lease.
ABANDONNIENT
32. Tenant shall not abandon the Premises at any time during the ~.easc term. !f Tenant shall ahundon the premises or be dispossessed by pra;ess
of law, any Personal Property belonging to Tenant an~l left on the Fremises shall, at the optiun of Landlord, be deemed abandoned, and available
to landlord to use or sell to offset any rent due or any expenses incurred by removing saine and restorina the Premises.
DEFINITIONS
33. "Landlord" as used in this L.ease shall include the undersigned, its heirs, rcpresentatives, assigns and successors in tide to the Premises.
"AgenP' as used in this Lease shall mean the party designatc:d as same in Paragraph 34, i;s heirs, representatives, assigns and successors. `"Tenant"
shall include the undersigned and i[s heirs, representatives, assigns and successors, a~~d if this lease shall be validly assigned or sublet, shall include
also Tenant's assignees or sublessees as to the Premises covered by such assignment or sublease. "Landlord", "TenanP', and "AgenP' include male
and female, singulaz and plural, corporation, partnership or individual, as may fit the particular parties.
NOTICES ' ~
34. All notices required or permitted under this Lease shall be in writing and shall be personally delivered or sent by U.S. certified mail, return
receipt requested, postage prepaid. Notices to Tenant shall be de;ivered or sent to the address shown at the beginning of this Lease, except that
upon Tenant taking possession of the Premises, then the Premises shall be Tenant's address for such purposes. Notices to Landlord shall be
delivered or sent to the address shown a[ the beginning of this Lease and notices to Agent, if any, shall be delivered or sent to the address set forth
in Pazagraph 3 hereof. ~
AU noHces shall be effective upon delivery. Any party ~nay change its notice address upon written notice to the other parties, given as provided herein.
ENTIRE AGREEMENT
35. This Lease contains the entire agreement of the pazties here[o, and no representations, inducements, promises or agreements, oral or
otherwise, between the parties, not embodied herein shall be o; any force or effec:. This I.ease may ~ot be modified except by a writing signed
by all the paRies hereto.
AUTHORIZED LEASE EXECUTIdN
36. Each individual executing this Lease as director, officer, partner, member, or ageni of a corFwcation, Iimited liability company, or partnership
represents and warrants that he is duly authorized to execuEC and deliver this Lease on behalf of such corporation, limited liability company, or
partnership.
TRANST'+ER UF LriNDLORIL'S INTEFtESTi
37. In the event of the sale, assignment or transfcr by Landiord of its interest in the Premises or in diis Lease (other than a collateral assignment
to secure a debt of Landlord) to a succe~sor in interest w•ho expressly assumes the obligations of Landlord under this Lease, Landlord shall
thereupon be released and discharged from all its covenants and obligations under this Lease, except those obligations that have accrued prior to
such sale, assignment or transfer; and Tcnant agrees to look sc:~ly ro ihe successor in er~terest of Landlord for the performance of those covenants
aceruing after such sale, assignment or trausfer. Land;ord's assigrs:~ert of tti; i.casc, or o~ : ny or a!! ef its rights in this L.ease, shall not affect
Tenant's obligations hereunder, and Tenant shall attorn and look tc~ the assigne~e zs Landlord, provided Tenant has first received written notice oF
the assignment of Landlord's interest.
SPECIAL STIPULATIONS
38. Any special stipulations are set forth in the attached Exhibit . 1n so far as said Special Stipulations conflict with any of
the foregoing provisions, said Special Stipulations shall control.
MEMORANDUM OF LEASE
39. Upon request by either Landlotd or Te~ant, the parties lierefo shali execute a short form lease (Memorandum of Lease) in recordable form,
setting forth such provisions hereof (other than the amount of Base Monthly Rent and other sums due) a~ either party may wish to incorporate.
The cost of recording such memorandum of lease shall be bnme by the party reyuasting execution of same.
NCAR FORM #590 4 OF 5
Copyright 6/96
THIS DOCUMENT IS A LEGAL DOCUMENT. EXECUTION OF THIS DOCUMENT HAS LEGAL CONSEQUENCES THAT COULD
` BE ENFORCEABLE IN A COURT OF LAW. THE•NORTH CAROLINA ASSOCIATION OF REALTORSm MAKES NO
REPRESENTATIONS CONCERNING THE LEGAL SUFFICIENCY, i.EGAL GFFECT OR TAX CONSEQUENCES OF TNIS DOCUMENT
OR THE TRANSACTION TO WHICH IT RELATES ANll RECOMMENDS THAT YOU CONSULT YOUR ATTORNEY.
IN WITNESS WHEREOF, the parties hereto have hereunto set thcir hands and scals, the date and years first above written.
LANDLORD:
Individual ~ Business F,ntity
~ .... ~`.?'-- v ~''~ ~. ~G( ~ (SEAL)
(Name of Firm)
(SEAL) By:_
Title:
(SEAL)
TENANT
Individual Business Entity
(SEAL) t~f/U A (~t' ~GwW~
(Na ~ of Firm)
(SEAL) By: (SEAL)
n ~
Ti tle: !1) t'~Q ~d l' Q~ ~1~G~1Q$~( ~~ C~Y[f.(. ~(~/CQ 5
SOFS
NCAR FORM #590
Copyright 6/96
i~!n;::~~~~ .:ae ~F1 FR~:tN: F_.x ~.:ein:e :~un.; ,:. _::c:~,7 F~si: o~~ ~~r oo,
. ~ X h`~ ~ ~-
Dr. Carroll's Office
St. Mary's Road
Items to be Removed from Office:
Downstairs
Washer/Dryer ~ '
Miscellaneous Clutter Items
Items to be Kept in Office:
Upstairs
Clutter in Kitchen
Long Couch and Side Chair (multi-colored}
Mattress
Boxes
Bed (head and iootboard)
Carpet (in roll)
3-Panel Roorn Divider ~wallpapered)
Pressboard Bookcase
All Miscellaneous Items
Downstairs Upstairs
Computer Desk Green Side Chairs (2)
Black Desk Fan
1 T~vo Drav~er File Cabinet (Remove Contents)
Wooden Desk
Exe~utive Chair
Wooden Roem Divider (Four Panel)
Metal Desk with Return
3 Four Drawer File Cabinets (Remove Contents)
Upholstered Metal Chair
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