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HomeMy WebLinkAbout2008-125 Purchasing - Telesis Construction Management Gateway lease PIN 9874-054501 .002 Prepared by and return to : 9874-054501 . 003 William D . Bernard Brown & Bunch, PLLC 101 N. Columbia Street Chapel Hill, NC 27514 STATE OF NORTH CAROLINA MEMORANDUM OF LEASE COUNTY OF ORANGE THIS MEMORANDUM OF LEASE ( "Memorandum") is made and entered into effective as of the 19" 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 EXHIBIT 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 4 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: Barry Jacobs Chair, Oran aoard o Fortimissioners ATTEST* Donna S . Baker, erk to the Orange County Board of Commissioners STATE OF NORTH CAROLINA COUNTY OF ORANGE I, WV . Notary Public of the County and State aforesaid, certify that Donna S . Baker per4onally 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 �, 20080 otary Public v Al Typed or Printed Name of Notary Public My commission expires : / 3 " p2M / (SEAL- STAMP) [SIGNATURE PAGES CONCLUDE] 44 12925\01 \M\ 1090range County Memorandum of Lease (02 . 19.08 WDB Draft # 1 ) EXHIBIT A DESCRIPTION OF UNITS UNIT 200, GATEWAY CENTER CONDOMDNIUM, 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 IV 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 IV 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.