AG 2005 01 24 - Laserfiche WebLink

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~~ ....., AMENDMENT TO LEASE AGREEMENT THIS AMENDMENT TO LEASE AGREEMENT is made and entered intothis.the 13th day of December, 2004, by and between the COUNTY OF CABARRUS, NORTH CAROLINA. (hereafter, "County") and the CITY OF KANNAPOLIS, NORTH CAROLINA (hereafter, the "CITY") . WITNESSETH: WHEREAS, on or about the October 19, 1998, the County and City entered into an Agreement whereby they agreed to the terms of a lease between the parties of certain property located at 760 Orphanage Road, Cabarrus County, North Carolina, more fully described in such Agreement, a copy of which is attached hereto and incorporated herein (hereafter, the "Property"); and WHEREAS, on or about August 23, 1999, at the request of the City, the parties entered into a stahd alone lease agreement for the Property that was finally approved by both parties on or about July 24, 2002 (hereafter, the "Lease") providing for the lease of the Property to the County for a period of time beginning September 1, 1999 through August 31, 2020, the purpose of which was to provide for recreational services to County citizens; and WHEREAS, the parties desire to modify and amend the Lease as set forth herein, in order to qualify to receive certain grants available to the County through the North Carolina Parks and Recreation Trust Fund ("PARTFU); NOW THEREFORE; in consideration of the premises and other good and valuable consideration, acknowledged by the parties hereto to be sufficient, the parties agree as follows: 1. Section 3.0 Amended. The parties hereto agree that Section 3.0 of the Lease is hereby modified and amended in its entirety to read as follows: Lease of the Property. Beginning September 1, 2020, the parties hereby agree that the County shall lease the Property from the City through August 31, 2033. at an annual rent of $1.00 per year, payable in advance. Thereafter, the parties may mutually agree to further extend the term of the Lease by entering into a written agreement to do so. The County shall not be permitted to enter into any subleases of the Property without prior written consent of the City. However, use of the Property as a public facility, as set forth herein, which may from time to time result in third party use of the Property for a fee, shall not be construed as subletting for purposes of this Lease. 2. Miscellaneous..1'he parties agree: 1) to execute all necessary documentation needed from time to time in order to properly apply for certain grants available to the County with regard to the Property, including without limitation, state funds available through PARTF; and 2) to enter into and record.a Memorandum of .Lease which sets forth the modified term of the Lease, which Memorandum of Lease is attached hereto and incorporated as if more fully .'setforth herein. / Except as specifically amended herein, the remain'ing terms and conditions of the Lease, as modified and amended from time ,to time, shall remain in full force and effect. F-J :t