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AG 2016 11 21
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AG 2016 11 21
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Last modified
11/23/2016 2:25:13 PM
Creation date
11/27/2017 10:35:48 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
11/21/2016
Board
Board of Commissioners
Meeting Type
Regular
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2. Term The term of this Lease shall be for five (5) years and still <br />commence on October 1, 2015 and expire on September 30, 2020. Should Lessee not be <br />in default under this Lease, Lessee has an option to extend the term for up to an <br />additional five (5) years, beginning at the conclusion of the original Term. <br />3. Rent The Rent for the initial Term of this Lease shall be $ per <br />month, payable in advance on the first day of the month for which due. Should the Rent <br />for any reason not be received by the County by the fifth day of the month, a late charge <br />of $25.00 will be added as additional Rent. Rent for the Lease extension shall be <br />negotiated in good faith by the parties based on circumstances at the time, but shall be no <br />less than 10% more than the Rent for the initial Term. <br />4. Security Deposit At the commencement of the Lease, Lessee shall <br />deposit with the County the sum of $ , to be held by the County to secure <br />the faithful performance by the Lessee of all of its obligations under the Lease, including <br />both payment and performance obligations. The Security Deposit shall be returned to the <br />Lessee at the conclusion of the Lease, if Lessee is not in default under the Lease and is <br />not indebted to County in any amount. <br />5. Net Lease This Lease shall be entirely "net" to the County, meaning that <br />all expense and obligations incident to the County's ownership of the Demised Premises <br />shall be the responsibility of the Tenant, including without limitation, maintenance and <br />repair of the Demised Premises, utilities (except utility facilities already in existence), <br />utilities, insurance and any taxes levied on Lessee's assets and leasehold interest in the <br />Demised Premises. Should Lessee fail to timely pay any obligation required of it by this <br />Lease, the County may, but is not required to, pay such obligation, which amount the <br />Lessee agrees shall be immediately reimbursed to the County, along with an additional <br />charge of 25% of the payment amount, as a handling charge for the County having had to <br />undertake an obligation that was primarily that of Lessee. <br />6. Sale and Possession of Alcohol Sale and consumption of alcohol is <br />permitted under this Lease, but only incident to the operation of a restaurant adjacent to <br />the Demised Premises. Any such sale and consumption of alcohol shall be in strict <br />compliance with the rules and regulations of the North Carolina ABC Commission and <br />any ABC permit(s) issued to Lessee for its restaurant or the Demised Premises, as well as <br />all zoning and other ordinances of the City of Concord. <br />7. Screening Screening of the Demised Premises shall take the form of a <br />fence and vegetative screening, to be approved in writing in advance by the County. <br />Such screening must also be approved by the ABC Commission, if required, and by the <br />City of Concord. Such screening shall be maintained in the required condition during the <br />Term of the Lease, including the extension. <br />8. Utility Easements The provisions of this Lease shall be subject to the <br />rights of access of any utility providers with easements running through the Demised <br />Premises. Should maintenance and repair of such utilities be required such that it <br />interferes with Lessee's use and enjoyment of the Demised Premises, neither the County <br />nor the utility providers shall be liable to the Lessee for any loss of use of the Demised <br />Premises. The County will be responsible to the Lessee for any damages or loss it causes <br />Attachment number 2 \n <br />G -5 Page 229 <br />
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