Loading...
HomeMy WebLinkAbout2008 S Purchasing Telesis Construction Gateway Center Lease Agreement Amendment ~~~~-~~~ AMENDMENT TO LEASE AGREEMENT TffiS AMENDMENT TO LEASE AGREEMENT ("Amendment") is made and entered into effective as of February 19, 2008 by and between TELESIS CONSTRUCTION MANAGEMENT, LLC, a North Cazolina limited liability company ("Lessor"), and ORANGE COUNTY, NORTH CAROLINA, a body politic and corporate and a political subdivision of the State of North Carolina ("Lessee"). THAT: WHEREAS, Lessor and Les awe--read d entered into that certain Lease Agreement (the "Lease"} having an effective date of February 28, 2007 ith respect to condominium units 200 and 300 located in the Gateway Center Condominium m i s rough, C{range County, North Cazolina; and WHEREAS, Lessor and Lessee desire to amend and/or modify certain provisions of the Lease as provided below. NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth in the Lease and herein below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree, covenant and bind themselves as follows: I. Commencement Date. When and as used in this Amendment and in the Lease, the term "Commencement Date" shall mean February 19, 2008. 2. Condominium. When and as used in this Amendment and in the Lease, the term "Condominium" shall mean the Gateway Center Condominium, a commercial use condominium which shall consist of the Building, the Units and the other Common Elements as provided in the Plat and Plans and in the Condominium Declaration. 3. Condominium Declaration. When and as used in this Amendment and in the Lease, the term "Condominium Declaration" shall mean the Declazation of Condominium of Gateway Center Condominium recorded in Book 4458, Page 3, Orange County Registry, as same may be amended and/or modified from time to time. 4. Premises. When and as used in this Amendment and in the Lease, the term "Premises" shall mean those certain condominium units identified and described on the attached EXHIBIT B which is incorporated herein by this reference. 5. Pro a .When and as used in this Amendment and in the Lease, the term "Property" shall mean all of that certain tract or parcel of land located in Hillsborough, Orange County, North Cazolina, and more particularly described on the attached EXHIBIT A which is incorporated herein by this reference. 6. No Other Amendments. Except to the limited extent expressly amended and/or modified in this Amendment, the Lease shall be and remain in full force and legal effect in accordance with its original terms. 7. Complete And Exclusive Agreement. Lessor and Lessee agree and understand that all prior negotiations, representations, understandings and agreements aze merged into and do not survive the execution of the Lease as amended and/or modified by this Amendment. The parties expressly agree that the Lease, as amended and/or modified by this Amendment, including exhibits, is the sole, complete and exclusive statement of the terms of the parties' agreement and that no other negotiations, representations, understandings, or agreements exist, except as may appear in the Lease as amended and//or modified by this • t the written Lease as amended and/or modified b this Amendment. Furthermore, the parties agree tha Y written Amendment, being the sole, complete and exclusive statement of the terms of the parties' agreement, is exclusive of any course of performance, course of dealing or usage of trade. 8. Governing Law. The legal effect and consequence of this Amendment shall be determined in accordance with the laws of the State of North Carolina. IN WITNESS WHEREOF, each party has caused this Lease to be executed by its duly authorized representative(s) effective as of the day and year fast above written. LESSOR: Telesis Construction Management, LLC, a North Carolina limited liability company By _ George A. Horton, III, Member/Manager By; ., Member/Manager [SIGNATURES CODE ON NEXT PAGE] • -2- • LESSEE: Orange County, North Carolina, a body politic and corporate and apolitical subdivision of the State of North ^---,:~_ By: [SIGNATURE PAGES CONCLUDE] 12925W1VN~106Amendment to Orange County Lease (02.19.08 WDB CL Draft #3) -3- E~~IT A THE PROPERTY Being all of recombined Lot 4, containing 1.35 acres, more or less, as shown on a plat of survey recorded in Plat Book 103, Page 62, Orange County Registry, and being all of Lot 4 as shown on that certain plat of survey recorded in Plat Book 103, Page 20, and a part of Lot 5 as shown on that certain plat of survey recorded in Plat Book 102, Page 52, Orange County Registry, reference to which plats of survey is hereby made for a more particular description of such recombined Lot 4. • • -4- • E~~IT B THE PREMISES UNIT 200, GATEWAY CENTER CONDOMINIUM, a commercial condominium unit as identified and described in the plats and plans for Gateway Center Condominium recorded in Plat Book 103, Pages 68 through 77, Orange County Registry, as same may be amended and/or modified from time to time (the "Plat and Plans', and in the Declaration of Condominium of Gateway Center Condominium recorded in Book 4458, Page 3, Orange County Registry, as same may be amended and/or modified from time to time (the "Declaration"); together with (a) a 32.256% undivided interest in the Common Elements of Gateway Center Condominium as provided in the Declaration, (b) the use of all Class II, Class N and Class V Limited Common Elements allocated to Unit 200 as provided in the Declaration and/or the Plat and Plans, and (c) any and all easements and other rights appurtenant to Unit 200 as provided in the Declaration. UNIT 300, GATEWAY CENTER CONDOMINIUM, a commercial condominium unit as identified and .described in the plats and plans for Gateway Center Condominium recorded in Plat Book 103, Pages 68 .through 77, Orange County Registry, as same may be amended and/or modified from time to time (the "Plat and Plans"), and in the Declaration of Condominium of Gateway Center Condominium recorded in Book 4458, Page 3, Orange- County Registry, as same may be amended and/or modified from time to time (the "Declaration'; together with (a) a 32.161 % undivided interest in the Common Elements of Gateway Center Condominium as provided in the Declaration, (b) the use of all Class III, Class N and Class V Limited Common Elements allocated to Unit 300 as provided in the Declaration and/or the Plat and Plans, and (c) any and all easements and other rights appurtenant to Unit 300 as provided in the Declaration. • -5- 2. Pursuant to the terms of the Lease, Lessor has granted to Lessee a right and option to purchase each of the Units not later than five (5) business days immediately following the date of expiration of the term of the Lease. 3. All of the terms, covenants and conditions contained in the Lease are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have caused this Memorandum to be duly executed effective as of the day and year first above written. LESSOR: TELESLS CONSTRUCTION MANAGEMENT, LLC, a North Carolina limited liability company ,~,eorg~on, III, Member/Manager By: W.~ark~r,~., Member/Manager • STATE OF NORTH CAROLINA COUNTY OF ORANGE I~ I Y1Art~Gn ~~ ,~c?e ~~ ~ ~'1 ,Notary Public, certify that George A. Horton, III and James W. Parker, Jr., each personally came before me this day and acknowledged that he is a Member/Manager of TELESIS CONSTRUCTION MANAGEMENT, LLC, a North Carolina limited liability company, and that he, as Member/Manager, being authorized to do so, voluntarily executed the foregoing Memorandum of Lease for and on behalf of TELESIS CONSTRUCTION MANAGEMENT, LLC for the purposes therein stated. Witness my hand and official seal or stamp, this the ~~ day of , 2008. Public My commission expires: ' [SIGNATURES CONTINUE ON NEXT PAGE] C7 • PIN 9874-05-4501.002 9874-OS-4501.(?03 STATE OF NORTH CAROLINA COUNTY OF ORANGE Prepared by and return to: William D. Bernard Brown & Bunch, PLLC 101 N. Columbia Street Chapel Hi11, NC 27514 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE ("Memorandum") is made and entered into effective as of the 19~h day of February, 2008, by and between TELESIS CONSTRUCTION MANAGEMENT, LLC, a North Carolina limited liability company, 1000 Corporate Drive, Suite 109, Hillsborough, North Carolina 27278 ("Lessor"), and ORANGE COUNTY, NORTH CAROLINA, a body politic and corporate and a political subdivision of the State of North Carolina, P.O. Box 8181, Hillsborough, North Carolina 27278 ("Lessee"). WITNESSETH THAT: WHEREAS, Lessor is the owner of those certain commercial condominium units located in Hillsborough, Orange County, North Carolina, and more particularly described on the attached EXHIBTT A which is incorporated herein by this reference (individually and collectively the "Units"); and WHEREAS, Lessor and Lessee have made and entered into that certain Lease Agreement with respect to the Units having an Effective Date of February 28, 2007, as same may be amended and/or modified from time to time (the "Lease"); and WHEREAS, the parties desire to record this Memorandum for the purpose of providing record notice of the existence of the Lease and certain of the terms contained therein. NOW, THEREFORE, for and in consideration of the terms, covenants and conditions set forth in the Lease and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee hereby acknowledge and declare as follows: 1. Pursuant to the terms of the Lease, Lessor has leased each of the Units to Lessee, and Lessee has leased each of the Units from Lessor, for a term commencing on February 19, 2008 and expiring at 11:59:59 p.m. (local time) on February 20, 2009. • • LESSEE: ORANGE COUNTY, NORTH CAROLINA, a body politic and corporate and a political subdivision of the State of North Carolina ~ By: ATTEST• Donna S. Baker, erk to the Orange County Board of Commissioners STATE OF NORTH CAROLINA COUNTY OF ORANGE I, ~ ~ • ( ~~%~'~a Notary Public of the County and State aforesaid, certify that • Donna S. Baker pe onally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for ORANGE COUNTY, NORTH CAROLINA and that by authority duly given and as the act of ORANGE COUNTY, NORTH CAROLINA, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official seal or stamp, this the / day of 2008. ~~ , otary Public ~v~ 1 ~ Typed or Printed Name of Notary Public My commission expires: /D " ~ ' " oc~ / (SEAL-STAMP) (SIGNATURE PAGES CONCLUDE) 12925\O1\M\109orange County Memorandum of Lease (02.19.08 WDB Draft #1) • EXHIBIT A DESCRIPTION OF UNITS UNIT 200, GATEWAY CENTER CONDONIINIUM, a commercial condominium unit as identified and described in the plats and plans for Gateway Center Condominium recorded in Plat Book 103, Pages 68 through 77, Orange County Registry, as same may be amended and/or modified from time to time (the "Plat and Plans"), and in the Declaration of Condominium of Gateway Center Condominium recorded in Book 4458, Page 3, Orange County Registry, as same may be amended and/or modified from time to time (the "Declaration"); together with (a) a 32.256% undivided interest in the Common Elements of Gateway Center Condominium as provided in the Declaration, (b) the use of all Class II, Class N and Class V Limited Common Elements allocated to Unit 200 as provided in the Declaration and/or the Plat and Plans, and (c) any and all easements and other rights appurtenant to Unit 200 as provided in the Declaration. UNIT 300, GATEWAY CENTER CONDOMINIUM, a commercial condominium unit as identified and described in the plats and plans for Gateway Center Condominium recorded in Plat Book 103, Pages 68 through 77, Orange County Registry, as same may be amended and/or modified from time to time (the "Plat and Plans"), and in the Declaration of Condominium of Gateway Center Condominium recorded in Book 4458, Page 3, Orange County Registry, as same may be amended and/or modified from tune to time (the "Declaration"); together with (a) a 32.161 % undivided interest in the Common Elements of Gateway Center Condominium as provided in the Declaration, (b) the use of all Class III, Class N and Class V Limited Common Elements allocated to Unit 300 as provided in the Declaration and/or the Plat and Plans, and (c) any and all easements and other rights appurtenant to Unit 300 as provided in the Declaration.