HomeMy WebLinkAbout2009-113 AMPS - Eno River Parking Deck LLC contract amendment 062309 AMENDMENT TO PARKING DECK LEASE AND
RIGHT OF FIRST OFFER AND RIGHT OF FIRST REFUSAL
THIS AMENDMENT TO PARKING DECK LEASE AND RIGHT OF FIRST
OFFER AND RIGHT OF FIRST REFUSAL "this Amendment" is made effective the
day of 2009 (the "Execution Date") by and between ENO RIVER
PARKING DECK, 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 :
WHEREAS , Lessor and Lessee entered into a Parking Deck Lease and Right of First
Offer and Right of First Refusal made effective February 25 , 2009 (the " Lease") * and
WHEREAS , the parties have agreed to amend the Lease as described here
NOW, THEREFORE , 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 covenant and agree as follows .
1 . Incorporation of Preamble and Recitals . The preamble and recitals to this
Amendment are hereby incorporated by reference and made a part of this Amendment .
2 . Definitions . All capitalized terms used and not otherwise defined herein shall
ed to them in the Lease . All references in the Lease to "this Lease" shall
have the meanings ascrib
be deemed to be the Lease as amended by this Amendment unless the context requires otherwise.
3 . The description of the property on which the parking deck is located which
description is contained in Exhibit A to the Lease is amended by its replacement with the
attached EXHIBIT A which is incorporated herein by reference .
4 . Continued Force and Effect. The parties confirm the Lease as amended by this
Amendment and acknowledge and agree that, as amended by this Amendment, the Lease is
binding and is and remains in full force and effect.
5 . Counterparts . This Amendment may be executed and delivered in several
counterparts, and all such counterparts so delivered and executed shall constitute but one and the
same instrument.
IN WITNESS WHEREOF, Lessor and Lessee have each caused this Amendment to be
executed by its duly authorized representative(s) as of the day and year indicated below.
LESSOR.
ENO RIVER PARKING DECK, LLC,
a North Carolina limited liability company
By (SEAL)
George A. H rton, I, Member/Manager
By: (SEAL)
ame W. Parke r. , Membe er
Date :
LESSEE :
ORANGE COUNTY, NORTH CAROLINA,
a body politic and corporate and a political
subgerlie
gState orth Carolina
By: (SEAL)
Name. VP .
Title: Chair , Orange County Board of Commissioner
Date : / 23 09
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r' EXHIBIT A
Parking Deck Legal Description)
Beira all of Lot 3 , containing . 004 acres, more or less, as shown on that certain. plat of survey
g ,
entitled "FINAL PLAT RECOMBINATION ORANGE COUNTY COMPLEX" recorded in Plat
Book 105 , Page 117, Orange County Registry, reference to which plat of survey is hereby made
for a more particular description of Lot 3 . j
130$7/01/M/ON7Revised Legal Description
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