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BC 1993 02 01
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BC 1993 02 01
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4/30/2002 3:34:10 PM
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11/21/2001 2:46:40 PM
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Meeting Minutes
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Minutes
Meeting Minutes - Date
2/1/1993
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Board of Commissioners
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197 <br /> <br /> ARTICLE I <br /> DEFINITIONS <br /> Ail capitalized terms used herein and not otherwise defined herein shall have <br />the meanings specified as follows: <br /> (a) "Bonds" shall mean the Series 1993 Bonds and any Additional Bonds <br />issued pursuant to the Indenture; <br /> (b) "Concord" shall mean the City of Concord, a municipal corporation of the <br />State of North Carolina; <br /> (c) "County" shall mean the County of Cabarrus, a Political Subdivision of <br />the State of North Carolina. <br /> ARTICLE II <br /> DEMISED PREMISES <br /> Section 2.01. LessorVs Demise. Upon the terms and conditions herein <br />provided, the payment by the City of the rent hereinafter set forth, and the <br />prompt material performance continuously by the City of each and every one of the <br />covenants and agreements herein contained to be kept and performed by the City, <br />the County does lease, let, and demise to the City, and the City does hereby <br />lease from the County, the Demised Premises. <br />Section 2.02. Title Exceptions. This Lease is subject to the following: <br />(a) Conditions, restrictions, and limitations, if any, affecting the Demised <br />Premises and now appearing of record, including, but not limited to, the <br />finalization of that condemnation action entitled "Cabarrus County vs. Lois W. <br />Smith," bearing File No. 91 CVS 73 in the office of the Clerk of Superior Court <br />for Cabarrus County; <br /> (b) Zoning ordinances of the County, the State of North Carolina, and any <br />other governmental body now or hereafter existing by reason of any legal <br />authority affecting the Demised Premises during the term of this Lease; and <br /> (c) Any questions of survey as to the Demised Premises, the City having <br />satisfied itself as to the boundary lines and contents of the Demised Premises <br />and likewise having satisfied itself with the sufficiency of the CountyVs present <br />title to the Demised Premises. <br /> Section 2.03. Conditions. This Lease is not binding upon the parties unless <br />and until: <br /> (a) The Indenture has been fully executed and delivered; and <br /> (b) The proceeds from the sale of the Series 1993 Bonds have been <br /> delivered to the Trustee. <br /> <br /> ARTICLE III <br /> TERM <br /> Section 3.01. Commencement of Lease Term. The term of this Lease commences <br />on February 1, 1993. <br /> Section 3.02. Termination of Lease Term. This Lease terminates on January <br />31, 2018. <br /> Section 3.03. Option for Additional Terms. It is agreed that, at the <br />expiration of the initial term of this Lease, City shall have the right and <br />option to renew this Lease for two (2) additional ten (10) year term(s) and, <br />subsequently, one (1) additional five (5) year term. Each such renewal term <br />shall commence as of the end of the current term of this Lease and shall be <br />subject to and in accordance with all terms and conditions set forth in this <br />lease, except as to term, and if City shall timely exercise such right as <br />hereinafter provided, City shall continue to pay Rent as if the initial term of <br />this Lease had included such renewal term. If City shall desire to exercise this <br />right and option, it shall give County notice in writing not less than thirty <br />(30) days prior to the expiration of the current term of this Lease. <br /> <br /> ARTICLE IV <br /> RENT <br /> Section 4.01. Rental Due Date. The rent (the "Rent") which the County <br />hereby charges and which the City shall pay to the County for the leasing of the <br />Demised Premises shall be One Dollar ($1.00): and the Rent shall be paid in a <br />single payment of One Dollar ($1.00) which payment shall be due and payable on <br />the date of the execution of this Lease by the City or within thirty (30) days <br />thereafter. <br /> Section 4.02. Place of Payment. The Rent is payable at such place as the <br />County may specify on the date of the execution hereof by the City. <br /> <br /> ARTICLE V <br /> ASSIGNMENT <br /> This Lease may not be assigned by either party without the other party's <br />express written consent. <br /> <br /> <br />
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