HomeMy WebLinkAbout2021-314 Arts Commission-Eno River Mill-Lease Termination ORANGE COUNTY-DEPARTMENT USE ONLY
Party/Vendor Name : Eno River Mill, LLC Party/Vendor Contact Person : Jocelyn Wells Contact Phone : 919
755 -2250 Party/Vendor Address : PO Box 12929 City Raleigh State : NC Zip : 27605 Department : Coun
Manager Amount : na Purpose : Lease Termination Budget Code(s) : Vendor # 65919 (N/A if new vendor)
Vendor is a BOCC consultant? Yes ❑ No ❑ Contract Type : (Check one) New ❑ Renewal ❑ Amendment ❑
Effective Date Approved by Board Yes ❑ No ❑ Agenda Date :
This agreement is approved as to technical form and content and I as Department Director affirmatively state work
on this project has not been initiated prior to execution of the agreement:
Department Director ' s Signature 4000 Date . ll dO a
Agreements for emergency services or air are not subject to the above affirmation . If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed :
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is
approved as to information technology content and specifications .
Office of the Chief Information Officer Date :
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications , and requirements :
Office of the Risk Management Officer Date_
Financial Services
This instrument has been pre- audited in t a er Sreired by the Local Government Budget and Fiscal Control
Act:
Office of the Chief Financial Officer Date : `S /� 2l
Legal Services
This agreement is approved as to legal fo nd suff y :
Office of the County Attorney Date :
s � 102tJ
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Clerk to the Board
Received for record retention .
All Docusign contracts must be copied to rri Ingersoll upon completion : smgersoll@orangecountync . gov
The followmig signature ature block is for ar pies only a d is not required for Docusign contracts :
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Office of the Clerk to the Board Date : 1
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Revised 11 /19
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NORTH CAROLINA LEASE TERMINATION AGREEMENT
ORANGE COUNTY
This LEASE TERMINATION AGREEMENT (",Termination ') , entered into as of the
day of 21 , by Eno River Mill, LLC a North Carolina limited liability company
("Landlord") , and County of Orange, a body politic and corporate of the State of North Carolina,
("Tenant") , provides as follows :
Recitals :
A. Tenant and Landlord entered into that certain Lease dated February 7 , 2020 , ("Lease
for certain premises ("Premises") located at the building known as the Spinning
Room and Card Room of the Eno River Mill , 437 Dimmocks Mill Road,
Hillsborough, NC Suite 34 (the " Property " ) ; the Premises and the Property being
more particularly described in the Lease .
B . Landlord and Tenant have agreed to terminate the Lease as of May 31 , 2021
("Effective Date") pursuant to the terms and conditions set forth below.
Agreement :
NOW THEREFORE, in consideration of these mutual and reciprocal promises , and for other
good and valuable consideration, the receipt and sufficiency of which is acknowledged, Landlord and
Tenant agree to terminate the Lease subject to the following terms and conditions :
1 . Termination. The Lease shall be terminated as of the Effective Date , and thereafter Tenant
shall have no further rights with respect to the Premises , including without limitation any
right of possession of the Premises ; (b) . Tenant agrees to relinquish possession of the
Premises to Landlord on the Effective Date and no longer conduct Tenant ' s business in the
Demised Premises ; (c) . Landlord and Tenant will cooperate with one another and Landlord
will assist Tenant in removing from the Premises on or prior to May 31 , 2021 all of the
trade fixtures , equipment and personal property of Tenant and its occupants located at the
Premises .
2. Condition of Premises. Landlord acknowledges that it has inspected the condition of the
Premises , and accepts them from Tenant in "AS IS " condition, subject to the removal of
Tenant ' s personal property as provided in Section 1 above .
3 . Survival of Indemnity Obligations. Tenant ' s indemnity obligations under Section 10 of the
Lease shall survive the termination of the Lease to the extent that such indemnity
obligations apply to any claims asserted against the Landlord for which the Lease obligates
Tenant to indemnify Landlord, including, but not limited to , any injury or loss arising out
of Tenant ' s use of the Property .
4. Default. If either party defaults in its obligations under this Termination, the other party shall
have all remedies available on account of such default at law or equity, including without
limitation specific performance . In any action to enforce the rights granted under this
party shall have the right to recover from the other party its
Termination, the prevailing
reasonable attorney' s fees to the full extent permitted under North Carolina law.
Notwithstanding the foregoing, in no event shall either party be liable to the other for any
idental, or punitive damages .
consequential, inc
5. Execution. This Termination maybe executed in separate counterparts with multiple originals,
with facsimile signatures being considered the same as original signatures, all of which
together shall constitute the original Termination.
[ SIGNATURE PAGE FOLLOWS ]
IN WITNESS WHEREOF , Tenant and Landlord have caused this Termination to be executed as of
the date first above written.
LANDLORD .
Eno River Mill
By :
Name : Frank R. Gailor
Title : Managing Member_
TENANT :
County of Orange, a body politic and corporate of the
State of North
By :
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Name :
Title : �l
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