July 2, 1984 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of Board of Commissioners for Johnston CountJuly 2, 1984The Johnston County Board of Commissioners met in regular session Monday,July 2, 1984, at 10 oclock am, in the Commissioners Room, Johnston CountyCourthouse, Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, JamesW Cash, Howard Benton and John M Booker, DVMMembers Absent NoneThe Chairman called the meeting to order and the following business wastransacted1 MinutesThe minutes of the June 11th, June 14th and June 25, 1984, board meeti ngs-stand ,approved as recorded2 Recreation Grant Extension - Kenly Kiwanis ClubCommissioner James W Cash moved that the Kenly Kiwanis Club be granteda 60 day extension for the use of the balance of their 1983 -84 Revenue SharingRecreation GrantCommissioner John M Booker seconded the motion which was carried3 Resignation - Milton B Parker, Jr - Agricultural Extension AgentThe County Manager advised the board that Bruce Woodard, AgriculturalExtension Chairman, had received a letter of resignation from Milton B Parker,Jr, effective July 31, 1984The board commended Mr Parker, stating that he was a good employeeand had done an excellent job in Johnston County The board asked the CountyManager to write him a letter of appreciation4 Recreation Grant Approved - Corinth Booster ClubCommissioner John M Booker moved the recreation grant application fromCorinth Booster Club seeking 2,000 in matching funds be approvedCommissioner James W Cash seconded the motion which was carried5 Recreation Grant Application Approved - Wade H Atkinson Memorial Libraryand Community BuildingCommissioner Howard Benton moved the recreation grant application fromWade H Atkinson Memorial Library and Community Building seeking 2,000 inmatching funds be approvedCommissioner John M Booker seconded the motion which was carried6 Appointments - Council on the Status of WomenCommissioner Howard Benton moved that Debra Parrish, Route # 3, Selma,and Margaret S Dunn, Smithfield, be appointed to the Johnston County Councilon the Status of Women for two year terms effective July, 1984Commissioner James W Cash seconded the motion which was carried7 Quitclaim Deed - Paul Blackman and WifeUpon a motion by Commissioner Frank B Holding, duly seconded by Com-missioner Howard Benton; acid carried, the Chairman was authorized, to executethe following QuitClaim Deed;North CarolinaJohnston CountyTHIS DEED, made this 2nd day of July, 1984, by and between the Countyof Johnston, a body politic, party of the first part; and PAUL BLACKMAN andwife, GLADYS P BLACKMAN, parties of the second part, of Johnston County, NorthCarol i na;Thatthe said party of the first part, for and in consideration of thesum of TENDOLLARS 1000, to it inhand paid, the receipt ofwhich is herebyacknowledged, has remised and releasedand by these presents does remise, release,and foreverquitclaim unto the parties of the second part, andtheir heirs andassigns, allright, title, claim, andinterest of the said partyof the first partin and toa certain tract of parcelof land lying and beingin the County ofJohnston, Stateof North Carolina, inBentonville Township, andmore particularlydescribed asfollowsBEING all of that 1788 acre tractlocatedin BentonvilleTownship, JohnstonCounty, North Carolina, and described ina Deedrecorded inBook 641, at Page61, in the Office of the Register of Deeds ofJohnstonCounty, NorthCarolinaTO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privilegesthereunto belonging to them, the said parties of the second part, and their heirsand assigns, free and discharged from all right, title, claim, or interest ofthe said party of the first part or anyone claiming by, through, or under themN TESTIMONY WHEREOF, the said party of the first part has caused thisinstrument to be executed by the Chairman of its Board of County Commissionersand attested by the Secretary and Clerk to said Board and the seal of said Countyaffixed hereto, the day and year first above written8 Tobacco Museum of North CarolinaGrethel Boyette, Chairman, Building Committee, and member of the Boardof Directors, Tobacco Museum of North Carolina, met with the board Mrs Boyettemade a presentation explaining the purpose and needs for a tobacco museumin Kenly She told the board that Kenly is located in the heart of the tobaccoproducing belt She explained that after a year of hard work, they have acquireda site located on 301 north of the stop light in Kenly to construct a buildingthat wi i I house the Tobacco Museum Approximately 25,000 was raised at theTobacco Festival and they have committed support from the Town of Kenly, KenlyChamber of Commerce, Farm Bureau, and the Wilson Tobacco Board of Trade RJ Reynolds Tobacco Company has promised a 50,000 matching grant if 100,000is raised for the museum Kenly is asking the State for 10,000 In closing, MrsBoyette asked the Board of County Commissioners for financial support The TobaccoMuseum has been proclaimed by the State of North Carolina as an official touristattraction After discussion, Commissioner Frank B Holding moved that the countyappropriate 3,000 this year for the Tobacco Museum of North Carolina to be usedfor capital outlay building programCommissioner Howard Benton seconded the motion which was carried9 North Carolina Employment Security Commission Moving to Rose Manor -Lease Agreement Between State and Johnston County to Rent SpaceThe State of North Carolina has asked the county to lease available officespace in the Rose Manor Shopping Center to house the Smithfield Office of theState Employment Security Commission The State will then sub -lease this spacefrom the county This space in Rose Manor previously occupied by the SocialSecurity AdministrationThe board discussed this proposal at length with Leroy Singleton, AssistantESC Director The board expressed a desire, to Mr Singleton, that the Statewill soon take full responsibility of the Employment Security Commission Officein SmithfieldAfter discussion, upon motion by Commissioner Howard Benton, duly secondedby Commissioner James W Cash and carried, the County Manager was authorizedto execute the following lease agreementsSTATE OF NORTH CAROLINACOUNTY OF JOHNSTONTHIS LEASE AGREEMENT, made and entered into this the 1st day of July,1984, by and between Johnston County, North Carolina, hereinafter designatedas Lessor, and the State of North Carolina, hereinafter designated as Lessee,W I T N E S S E T HTHAT WHEREAS, authority to approve and execute this lease agreementwas delegated to the Department of Administration by resolution adopted by theGovernor and Council of State on the 1st day of September, 1981; andriF? JiJuly 21984 ContinuedWHEREAS, the parties hereto have mutually agreed to the terms of thislease agreement as hereinafter set out,NOWTHEREFORE,in consideration of therentalhereinafter agreed to bepaid andthe terms and conditions hereinafterset forth, Lessor does hereby letand leaseunto Lesseeand Lessee hereby takesandleases from Lessor for andduring theperiod oftime and subject to thetermsand conditions hereinafterset out certain space inJohnston County, North Carolina,more particularly describedas followsin writing at least fifteen 15days prior to the due dateBeing 3,440 square feet of office space located in Rose Manor ShoppingMall on Highway 70, Smithfield, North Carolina1 The term of this lease shall be for a period of one 1 year; withthe option to renew, commencing on the 1st day of August, 1984, or as soon there-after as the leased premises are ceded to the lessee and terminating on the 31stday of July, 19852 The Lessee shallpay to the Lessor as rentalfor saidpremises thesum of 5,00000 Dollars perannum, which sum shall bepaid in equalmonthlyinstallments of 41600 Dollars, said rental to be payable withinfifteen 15days from receipt of invoice intriplicateelectrical wiring suitableused by Lesseefor the purpose for hich7The Lessee agrees topay the aforesaid rental toLessor atthe addressspecified, or, to such otheraddress as the Lessor maydesignateby a noticein writing at least fifteen 15days prior to the due date3 During the lease term, the Lessor shall keep the leased premises ingood repair and tenantable condition, to the end that all facilities are keptin an operative condition, to the end that all facilities are kept in an operativecondition Maintenance shall include, but is not limited to, furnishing and replacingelectrical light fixture ballasts, air conditioning and ventilating equipment filterpads, if applicable, and broken glass In case Lessor shall, after notice inwriting from the Lessee in regard to a specified condition, fail, refuse, or neglectto correct said condition, or in the event of an emergency constituting a hazardto the health or safety of the Lessees employees, property, or invitees, it shallthen be lawful for the Lessee, in addition to any other remedy the Lessee mayhave, to make such repair at its own cost and to deduct the amount thereof fromthe rent that may then be or thereafter become due hereunder The Lessor reservesthe right to enter and inspect the leased premises, at reasonable times, andto make necessary repairs to the premises4 Itis understood and agreedthat Lessor shall, at thebeginning ofsaid lease termas herei nabove set forth,have the leased premises ina conditionsatisfactory toLessee, including repairs, painting, participating, remodeling,plumbing andpremises w i l l beelectrical wiring suitableused by Lesseefor the purpose for hich7theleased5 The Lessee shall have the right during th existenc of this lease,with the Lessors prior consent, to make alterations, atta?h fixtures and equipment,and erect additions, structures or signs in or upon the leased premises Suchfixtures, additions, structures or signs so placed in orl upon or attached to theleased premises under this lease or any prior lease of which this lease is anextension or renewal shall be and remain the property of the Lessee and maybe removed therefrom by the Lessee prior to the termination of this Lease orany renewal or extension thereof, or within a reasonable time thereafter TheLessee shall have no duty to remove any improvement iior fixtur place by itson the premises or to restore any portion of the premises a I tere by i t In theevent Lessee elects to remove his improvements or fixtures and suc removal causesdamage or injury to the demised premises, Lessee w i l l repair on I y to the extentof any such damage or injury6 If the said premises be destroyed by fire or other casualty, withoutfault of the Lessee, this lease shall immediately terminate and the rent shallbe apportioned to the time of the damage In case of par i al destruction or damageby fire or other casualty without fault of the Lessee, so as to render the premisesuntenantable in whole or in part, there shall be an ` Eipportionrrent of the rentuntil the damage has been repaired During such period or repair, Lessee shallhave the right to obtain similar office space at the expense of Lessee or theLessee may terminate the lease by giving fifteen 1 5 days writ n notice to theLessor7 Lessor shall be liable to Lessee for any foss orby Lessee which are a direct result of the failure of Lessor torequired by the lease, and provided that Lessor could reasonablwith said requirementamages sufferedperform an acthave compliedxJuly 2, 1984 Continued8 Upon termination of this lease, the Lessee w i l l peaceably surrenderthe leased premises in as good order and condition as when received, reasonableuse and wear and damage by fire, war, riots, insurrection, public calamity,by the elements, by act of God, or by circumstances over which Lessee had nocontrol or for which Lessor is responsible pursuant to this lease, expected9 The Lessor agrees that the Lessee, upon keeping and performing thecovenants and agreement herein contained, shall at all times during the existenceof this lease peaceably and quietly have, hold, and enjoy the leased premisesfree from the adverse claims of any person10 The failure of either party to insist in any instance upon strict per-formance of any of the terms and conditions herein set forth shall not be construedas a waiver of the same in any other instance No modification of any provisionhereof and no cancellation or surrender hereof shall be valid unless in writingand signed and agreed to by both parties11 Any hold over after the expiration of the said term or any extensionthereof, shall be construed to be a tenancy from month to month, and shall otherwisebe on the terms and conditions_ herein specified, so far as applicable; however,either party shall give not less than sixty 60 days written notice to terminatethe tenancy12 The parties to this lease agree and understand that the paymentof rental specified in this lease agreement for the term period set forth herein,or any extension or renewal thereof, is dependent upon and subject to the appropri-ation, allocation or availability of funds for this purpose to this agency of theLessee responsible for payment of said rental, and this lease shall automaticallyterminate upon depletion of such funds13 All notices herein provided to be given, or which may be given,by either party to the other, shall be deemed to have been fully given whenmade in writing and deposited in the United States mail, certified and postageprepaid and addressed as follows To the Lessor at Post Office Box- 1049, Smithfield,North Carolina 27577 and the Lessee at Post Office Box 25903, Raleigh, NorthCarolina 27611 Nothing herein contained shall preclude the giving of such noticeby personal service The address to which notices shal l , be mailed as aforesaidto either party may be changed by written noticeIN TESTIMONY WHEREOF, this lease has been executed by the parties hereto,in duplicate originals, as of the date first above writtenSTATE OF NORTH CAROLINABYTITLE Director, Support ServicesLESSORKramer JacksonKramer JacksonJohnston County ManagerATTESTSecretary of CorporationLease Agreement - Johnston County and Wellons, Incorporated for EmploymentSecurity Commission OfficeCOUNTY OF DURHAMNorth CarolinaLEASE AGREEMENTTHIS LEASE, made this 11th day of July, 1984, between Wel I ons, Incorporated,a corporation having its principal place of business at 821 North Miami Boulevard,Durham, North Carolina 27703, hereinafter designated Landlord , and Countyof Johnston duly authorized to transact business in Rose Manor Shopping Center,Smithfield, North Carolina hereinafter designated Tenant C i1July 2, 1984 ContinuedW I TNESSETHLandlord hereby leases to Tenant, and Tenant accepts from Landlord, thepremises containing approximately 3440 square feet, the location of which is shownon Exhibit A attached hereto and made a part hereof and also shown on ExhibitB attached hereto and made a part hereof, which premises are hereinafter referredto as the leased premisesTO HAVE AND TO HOLD the leased premises and appurtenances for a termof one 1 year, commencing on the I st day of August, 1984, and ending on the31st day of July, 1985, subject to the following terms and conditionsARTICLE 1 RENT Landlord reserves and Tenant covenants -to pay toLandlord, without demand, at its principal office or at such other places asLandlord may from time to time designate in writing on the days and in themanner herein prescribed for the payment thereof, rent for the leased premisesas followsa MINIMUM RENT A fixed minimum rent, herein called minimum rent ,of 1,14667 per month payable in advance on the first day of each and everycalendar month during the term on this lease In event this lease commencesor ends on a day other than the first day of the month, the minimum rent forthe month of which the lease period commences or terminates shall be proratedARTICLE 2 LEASE YEAR The term lease yearmeansa period of twelveconsecutive calendarmonths, the first lease yearcommencingon the first dayof the term of thislease Subsequent lease yearsshall runconsecutively, eachcommencing upon ananniversary of the commencement of thefirst lease yearThe term terminalfractional lease year meansany fractionallease year atthe end of the term ofthis leaseARTICLE 3 POSSESSION TERM RENT Except as hereinafter provided,Landlord shall deliver possession of the leased premises in the condition requiredby this lease on or before the date hereinabove specified for the commencementof the term, but delivery of possession prior to such commencement date shallnot affect the expiration date of this lease Failure of Landlord, due to timerequired for construction or to construction delays, acts of God, or any other causes beyond Landlords control, to deliver possession of the premises at thedate hereinabove provided, shall postpone the date of commencement of the termof this lease and shall extend the date of the end of such term by periods equalto those which shall have elapsed between and including the date hereinabovespecified for commencement of the term hereof and the date on which possessionof the leased premises is delivered to Tenant Sundry provisions relating to com-pletion of construction are set forth in Exhibit C hereto attached and madepart hereof The rentals herein reserved shall commence on the date when possessionof the premises is delivered by Landlord to Tenant, provided that Tenant mayoccupy the premises without payment of rent for a period of not to exceed zero0 days after written notice from Landlord that the premises are ready for suchoccupancy, for the sole purpose of installing fixtures, facilities, and equipmentand performing finishing work, all as provided in the description of OwnersWork and Tenants Work attached hereto as Exhibit D and hereby made parthereof, and further provided that Tenants occupancy for such purpose shallnot interfere with Landlords work Any occupancy by Tenant prior to the beginningof the term, whether or not rent -free shall in all respects be the same as thatof a tenant under this lease Landlord shall have no responsibility or liabilityfor loss or damage to fixtures, facilities, or equipment installed or left on thepremises By occupying the leased premises as a tenant, or to install fixtures,facilities, or equipment or to perform finishing work, Tenant shall be deenedto have accepted the same and to have acknowledged that the premises- are inthe condition required by this lease In the event of any dispute, the certificateof Landlords architect shall be conclusive that the leased premises are in thecondition required by this lease and are ready for occupancy Immediately afterthe beginning of the term of this lease, Landlord and Tenant agree to executea written statement setting forth the beginning and expiration date of the termof this lease When Tenant shall have taken possession of the leased premises,so that Tenant shall be obligated to begin making payments of rent, Tenant agreesto give Landlord a letter setting out these facts and reciting further that thislease is in full force and effect, and the Tenant has accepted delivery of possessionof the premisesARTICLE 7 BUSINESS USE The leased premises shall be used and occupiedby Tenant for the sole purpose of operating an Employment Security CommissionOffice, and for no other purpose and such use and occupancy shall be i compliancewith all applicable laws, ordinances, and governmental regulations Tenant agreesto open for business on the first day in respect of which rent is payable andto operate all of the leased premises during the term of this lease, during regularand customary hours for such type business and on all business days, unlessprevented from doing do by causes beyond Tenants control and to conduct itsbusiness at all times in a high -class and reputable manner Tenan shall notIfJuly 2, 1984 Continueddirectly or indirectly engage in any similar or competing business within a radiusof N A from the lease premises Tenant shall not use the sidewalks adjacentto the leased premises, or other parts of the Common Areas, for business purposesexcept ingress and egress without the written consent of the Landlord, nor permitthe use of any part of the leased premises for sleeping apartments or lodgingsThe leased premises shall not be used in such manner that in accordance withany requirement of law or of any public authority, Landlord shall be obligatedon account of the purpose or manner of said use to make any addition or alterationto or in the building No auction, fire, or bankruptcy sales shall be conductedin the leased premises without the advance written consent of LandlordARTICLE 8 COMMON AREA RULES AND RLEGULATIONS The term, CommonArea, means the entire area designed for common use or benefit within the outerproperty limits as shown on Exhibit A, including, but not by way of limitation,parking lots, landscaped and vacant areas, passages for trucks and automobiles,areaways, roads, walks, curbs, corridors, garden courts and arcades, togetherwith public facilities such as washrooms, comfort rooms, lounges, drinking fountains,toilets, public stairs, ramps, elevators, escalators, shelters, porches, bus stations,and loading docks The Common Area shall not include commercial areas intendedfor renting in the buildings shown on Exhibit A, as the same shall exist fromtime to time, or roads ,within the outer property limits, while maintained by anypublic authority Said Common Area -may be expanded, contracted, or changedby Landlord from time to time as required or deemed desirable, provided thatthe parking area shall at all times be sufficient in size to accomodate the parkingof not less than 100 cars Subject to reasonable rules and regulations to be pro-mulgated by Landlord, the public portions of the Common Area are hereby made,available to Tenant an,d its employees, agents, customers, and invitees for reasonableuse in common, with other tenants, their employees, agents, customers, invitees,and Landlord for the purposes for which constructedARTICLE 9 SUBORDINATION Tenant agrees that this lease shall be- subordinateto any mortgages or trust deeds that may hereafter be placed upon said premisesand to any and all advances to be made thereunder, and to the interest thereon,and all renewals, replacements, and extensions thereof, provided the mortgages or trustee named in said mortgages or trust deeds shall agree to recognize thelease of Tenant in the event of electing to have the lease as a prior lien toits mortgage or deed of trust; then, and in such event upon such mortgagee ortrustee notifying Tenant to that effect, this deed, whether this lease is datedprior in lien to the said mortgage or trust deed, whether this lease is datedprior to or subsequent to the date of said mortgage or trust deed Should theproperty of which the leased premises are a -part be encumbered by Landlordwith a mortgage or a loan deed, Tenant agrees that should the mortgagee orgrantees in the loan deed notify Tenant of such encumbrances, then Tenant willpromptly notify the mortgagee or grantee in the loan deed, as the case may be,of any default on the part of the Landlord in carrying out any obligation imposedupon the Landlord by, the terms of this lease, and, thereafter, Tenant will allowsuch mortgagee or grantee in the loan deed a reasonable time in which to curesuch default should such mortgagee or grantee in the loan deed promptly notifyTenant that it elects to cure such defaultARTICLE 10 CARE- OF PREMISES Tenant shall, at its expense, keep theleased premises, including show windows, signs, , and the loading platform usedby , it, in a clean, safe, and sanitary condition; conform to applicable laws,ordinances, regu °lations, and codes; store in rat -proof receptables and removeregularly all trash and garbage; forthwith replace broken glass exterior andinterior windows and doors with glass of same quality; and on Landlords request,remove any encroachments maintained or authorized by it on any public placewithout Landlords written consent Without such written consent, Tenant shallnot mark, paint, drill, deface,, injure, waste, damage, or alter the leased premises;conduct business so as to constitute, a nuisance to other tenants or occupants;burn trash or garbage within the outer property limits shown on Exhibit A,display merchandise on or about the Common Area or the premises of other tenantsor occupants, overload any floor or facility, make any structural alterationsexcept as provided in this lease, throw any foreign substances in plumbing facilitiesor use the same for any purpose other than that for which constructedARTICLE 11 REPAIRS Landlord shall keep the foundations, the four outerwalls, the roof, downspouts and gutters of the leased premises in good repair,ordinary wear and tear excepted, but shall not be required to make any otherrepairs whether or not due to the negligence of Tenant, its agents or employees,or to perform work outside the scope of Owners Work as shown in the descriptionof Owners Work and Tenants Work attached hereto as Exhibit D and madea part hereof Except as otherwise provided in this Article, the leased premisesshall at all times be kept in good order, condition, and repair of equal qualityand class with the original work by Tenant at its own expense and in accordancewith all laws, directions, rules and regulations of regulatory bodies or officialsuIii1July 2, 1984 Continuedhaving jurisdiction in that regard, subject, however, to the provisions of Article13 hereof If Tenant refuses or neglects to commence repairs within ten daysafter written demand, or adequately to complete such repairs within a reasonabletime thereafter, Landlord may make the repairs without liability to Tenant forany loss or damage that may_ accrue_ to Tenants stock or business by reasonthereof; and if Landlord makes such repairs, Tenant shall pay to Landlord, ondemand, the cost thereof with interest at the rate of seven per cent annum fromthe date of commencement of said repairsART I CLE 12 S I GNS, DISPLAY WINDOWS, BUSINESS ADDRESS This Articleand Exhibit D hereto attached are intended to permit reasonable scope for in-dividuality in signs and to assist in maintaining the high architectural andbusiness character of Rose Manor Shopping Center Tenant agrees to obtain Landlordswritten approval, in advance, of all signs and similar advertising material,including lettering and other advertising media upon the exterior of the leasedpremises and the exterior and interior surfaces of all doors and show windowsAny external signs shall be constructed only on store fronts, and none, shallproject more than twelve inches from the wall Illuminated signs shall not beof the flashing type Loud speakers, phonographs, radios, or other means ofbroadcasting, in a manner to be heard outside the ]eased premises, shall notbe used No sign or advertising medium shall be used so as to be a nuisanceor menace to Landlord or other tenants The cost of installing, maintaining,changing, and removing all signs shall be borne by Tenant Tenants rightsin respect to signs shall not be transferable Display windows shall be welllighted during hours when either the Shopping Center or the leased premisesare open Tenant shall use as its advertised business address the words RoseManor Shopping Center, in lieu of the street address or other address for theleased premises Tenants advertised business name shall not be changed withoutLandlords written consent; and Landlords name or that of Rose Manor ShoppingCenter shall not be used in any confusing, detrimental, or misleading mannerARTICLE 13 ALTERATIONS, INSTALLATIONS, FIXTURES Except as hereinafterprovided, Tenant shall not make any structural alterations in or additions tothe leased premises If structural alterations become necessary because of theapplications of laws or ordinances of the directions, rules, or regulations ofany regulatory body to the business carried on by Tenant, or because of anyact or default on the part of Tenant, or because Tenant has overloaded any electricalor other facility, Tenant shall make such structural alterations at its own costand expense after first obtaining Landlords written approval, of plans and specifi-cations and furnishing such indemnification against Iiens, costs, damages andexpenses as Landlord may reasonably require At the commencement of the term,or prior thereto as hereinabove provided, and throughout the term, Tenant, atits own expense, shall provide, install and maintain the lighting fixtures, storefixtures, floor covering and other equipment required by it and all interior paintingand decorating Tenant shall not, without advance written consent of Landlord,install any exterior lighting or plumbing fixtures, shades, awnings, canopies,marquee or any exterior decorations or painting or build any fences or installany radio or television antenna, loud , speakers, sound amplifiers, or similardevices on the roof or exterior walls of the buildingARTICLE 14 INSURANCE Tenant shall not carry any stock of goods ordo anything in or about the leased premises which will in any way impair orinvalidate the obligation of any policy of insurance on or in reference to theleased premises or the building in which the Leased premises are situated Tenantagrees to pay upon demand, any increase in premium for insurance that maybe charged during the term of this lease on the amount of insurance carriedby Landlord on said premises or the building in which such premises are situated,resulting from the business carried on in the leased premises by Tenant, whetheror not Landlord has consented to same During the entire term and so long thereafteras Tenant shall occupy the premises, Tenant shall •keep in full force and effectat its expense a pol icy or policies of public liability insurance with respectto the leased premises and the business of Tenant and any sub- tenant; licenseeor concessionaire, on terms approved in writing by Landlord, in which both Tenantand Landlord shall be adequately covered under reasonable limits of liabilitynot less than 500,00000 for injury or death to any one person; 500,00000 forinjury or death to more than one person; 100,00000 with respect to damageto property Tenant shall furnish Landlord with certificate; or other acceptableevidence that such insurance is in effectARTICLE 15 DELIVERIES PARKING All loading and unloading and allremoval of garbage and refuse shall be accomplished in the service courts, loadingzones, and loading platforms only designated for Tenants use by Landlord Landlordgrants to Tenant, subject to reasonable rules and regulations, a right in commonwith others to use the loading platform or loading zonE allocated to Tenantsuse Tenant and its employees and agents shall park cars o ly in areas designagedfrom time to time by Landlord as Employees Parking Areas Upon written requestfrom Landlord, Tenant will furnish Landlord, or its authorized agent, the stateautomobile license number or numbers assigned to its automobile or automobilesand those of all persons employed on the leased premises rucks or other deliveryvehicles shall not be parked in the service courts or Io ding zones or adjacentto loading docks so as to interfere with the use thereof, r in the parking areaTenant will receive all freight deliveries at the rear if its leased premises448July 2,f_1904, ContinuedIn the event delivery truck cause damage to the parking lot, then Tenant willreimburse to Landlord, within thirty 30 days of billing, those costs necessaryto repair such damageARTICLE 16 COVENANTS TO HOLD HARMLESS Landlord shall be held harmlessby Tenant from any liability for damages to any person or property in or uponleased premises and the sidewalks adjoining same and the loading platform area,if any, allocated to the use of Tenant all property kept, stored, or maintainedis at the sole risk of Tenant Tenant agrees to pay all sums of money in respectto any labor, services, materials, supplies or - equipment furnished - or allegedto have been furnished to Tenant in or about the leased premises which maybe secured by any mechanics, materialmens or other lien against the leasedpremises and will cause each such lien to be discharged at the time performanceof any obl igation secured thereby matures, provided that Tenant may contestsuch lien, but if such lien is reduced to final judgment and if such judgment°or process thereon is not stayed, or if stayed and said stay expires, then andin each such event, Tenant shall forthwith pay and discharge said judgmentLandlord shall have the right to post and maintain on the leased premises noticesof non - responsibility under the law of the State in which the premises leasedherein are locatedARTICLE 17 ASSIGNMENT OR SUBLETTING Tenant agrees not to sell, assign,mortgage, pledge, or in any manner transfer this lease or any estate or interestthereunder and not to sublet the, leased premises or any part or parts thereofand not to permit any licensee or concessionaire therein without the previouswritten consent or Landlord in each instance Consent by Landlord to one assignmentof this lease or to one subletting of the leased premises shall not be a waiverof Landlords rights under this Article as to any subsequent assignment or sublettingLandlords rights to assign this lease are and shall- remain unqualifiedARTICLE 18 ACCESS TO PREMISES Landlord reserves the right to enterupon the leased premises at reasonable business hours to inspect the same, orto make repairs, additions, or alterations to the leased premises or other propertyor to exhibit the premises to prospective tenants, purchasers, or others, to enterat any time in the event of an emergency, and to display during the last ninety90 days of the term, without hindrance or molestation by Tenant, For Rentor similar signs on windows or doors in the leased premisesARTICLE 19 UTILITY SERVICESa GAS, WATER, AND ELECTRICITY Landlord agrees to cause mains,conduits, and other facilities to be provided and maintained, to supply gas,water, and electricity to the leased premises or to nearby places all in accordancewith and subject to the description of Owners Work and Tenants Work attachedas Exhibit D Tenant shall pay, when billed, for all gas, water, and electricityused in the leased premisesiIb INTERRUPTION OF SERVICE Landlord shall not be liable in damagesor otherwise if the furnishing by- Landlord or by any other supplier of any utilityservice or other service to the leased premises shall be interrupted or impairedby fire, accident, riot, strike, act of God, the making of necessary repairs orimprovements, or by any cause beyond Landlords controliIII1ARTICLE 20 EMINENT DOMAINa ENTIRE PREMISES If substantially all the premises hereby leasedshall be taken by any public authority under the- power of eminentdomain, then -the term of this lease shall cease as of the day possession shallbe taken bysuch public authority and the rent shall be paid up to that day with -aproportionaterefund by Landlord of such rent as may have been paid in advanceb PARTIAL TAKING If more than one -third of any levelof the leasedpremises shall be taken under- eminent domain, Tenant shall havethe right toterminate this lease or, subject to Landlords right of termination as herein - afterin this Article set forth, to continue in possession of the remainderof the leasedpremises and Tenant shall notify Landlord in writing, within ten 10 days aftersuch taking, of Tenants election In the event Tenant elects to remainin possestAon,,all of the terms herein provided shall continue in effect, except thatthe minimumrent shall -be reduced by the proportion which the number of squarefeet of floorspace taken bears to the number of square feet of floor -space inthe premisesimmediately prior to the taking, and Landlord shall at its own costand expensemake all necessary repairs or alterations ? to the basic building,store front,and interior work in accordance with the description of Owners Workand TenantsWork attached hereto as Exhibit D so as to constitute the remaining premisesa complete architectural unit If more than one - third of the firstfloor area ofthe building in which the leased premises are located shall -be takenunder poweriIII1July 2, 1984 Continuedof eminent domain, or if the unexpired portion of the term of this lease shallbe three years or less at the date of taking of any portion of the leased premises,Landlord may, by written notice to Tenant, delivered on or before the date ofsurrendering possession to the public authority, terminate this leasec DAMAGES If all of any part of the leased premises are taken underthe power of eminent domain, Landlord and Tenant shall seek separate determinationsof the damages resulting to each on account of such taking If their damagesare separately determined, neither shall share in any award made to the otherIf Landlords and Tenants damages are not determined separately, all damagesawarded for any such taking shall belong to and be the property of Landlord,whether such damages shall be awarded as compensation for diminution in valueto the leasehold or to the fee of the - premises, provided, however, that Landlordshall not be entitled to any award made to Tenant for loss of business or amortizedimprovements, depreciations to and cost of removal of stock, fixtures, _ or equipmentd DEFINITION Thof any similar governmentalof condemnationARTICLE 21 DAMAGETheterm eminent domain shall include the exercisepower and any purchase or other acquisition in lieua PARTIAL OR TOTAL DESTRUCTION If the leased premises are destroyedor damaged by fire or other casualty, Landlord shall promptly rebuild or repairsame, provided, however, if more than one -third of the total area of the leasedpremises shall be destroyed or so damaged by fire or other casualty as to becomeuntenantable, or if the unexpired portion of the term of this lease shall be three3 years or less at the date of any substantial damage, then Landlord may,within ninety 90 days of any such damage or destruction, elect not to repairor rebuild by giving notice in writing, terminating this lease The obligationof the Landlord to repair or rebuild hereunder shall be limited to Owners Workas set forth in the description of Owners Work and Tenants Work in ExhibitD attached heretob EXTENSIVE DAMAGE ELECTION Ifor so damaged by fire or other casualtya just and proportionate part of the minimumhave been rebuilt or repaired by Landlordthe full minimum rent shall again be payablethe leased premises shall be destroyedas to become partially untenantable,rent shall be abated until the premisesas herei nabove provided, whereuponc INSURANCE Unless the parties shall otherwise agree` in writing, Landlordshall have no interest in the proceeds of any insurance carried by Tenant onTenants interest in this lease and Tenant shall have no interest in the proceedsof any insurance carried by LandlordARTICLE 22 SURRENDER On the last day of the term demised or on thesooner termination thereof, Tenant shall peaceably surrender the leased premisesin good order, condition, and repair, broom clean, fire and other unavoidablecasualty, reasonable wear and tear only excepted On or before the last dayof the term or the sooner termination thereof, Tenant shall, at its expense, removeits trade fixtures, signs, and carpeting from the leased premises, and any propertynot removed shall be deemed abandoned All alterations, additions, improvements,and fixtures other than Tenants trade fixtures, signs, and any carpeting whichshall have been made or installed by either Landlord or Tenant upon the leasedpremises and all hard surface bonded or adhesively affixed flooring shall remainupon and be surrendered with the leased premises as a part thereof w`ithout disturb-ance, molestation, or injury, and without charge, at the expiration or terminationof this lease If the leased premises be not surrendered at the end of the -termor the sooner termination thereof, Tenant shall indemnify Landlord against lossor liability resulting from -delay by Tenant in so surrendering the premises,including, without limitation, claims made by any succeeding tenant foundedon such -delay, Tenant shall promptly surrender all keys for the leased premisesto Landlord at the place then fixed for payment of rent and shall inform Landlordof combination on any locks and safes on the leased premisesARTICLE 23 DEFAULT AND REMEDIESa BANKRUPTCY, Neither Tenants interest in this lease, nor any interestof Tenant therein, nor any estate of Tenant thereby created shall pass to anytrustee or receiver or assignee for the benefit of creditors or otherwise by operationof law In the event the estate created hereby shall be taken in execution orby other process of law, or if a receiver or trustee of the property of Tenantshall be appointed by reason of Tenants insolvency or inability of pay its debts,or if any assignment shall be made of Tenants property for the benefit of creditors,then and in any of such events Landlord may at its option terminate the leaseand all rights of Tenant herein, by giving to Tenant notice in writing of theelection of Landlord to so terminate Tenant shall not cause or give cause forthe institution of legal proceedings seeking to have Tenant adjudicated bankrupt,reorganized, or rearranged under the bankruptcy laws of the United States, andshall not cause or give cause for the appointment of a trustee or a receiverfor Tenants assets, and shall not make an assignment for the benefit of creditorsor become or be adjudicated insolvent The allowance of any petition under the,bankruptcy law, shall be conclusive evidence that Tenant caused, or gave causetherefor, unless such allowance of the petition, or the appointment of a trusteeor receiver is vacated within thirty 30 days after such allowance _or appointmentb NON- PAYMENT OF RENT AND OTHER DEFAULTS If any rent payableby Tenant under this lease shall become and remain unpaid for more than fifteen15 days after the same is due and payable, or if Tenant shall violate or , defaultin any of the other provisions, covenants, agreements, stipulations, or conditionsherein, and such non- payment of rent or other default shall continue for a periodof ten 10 days after written notice by Landlord to Tenant of such failure topay rent or of any such other default on the part of the Tenant, then it shallbe optional for Landlord, in addition to any other remedies available to it underthis lease or the laws of the State of North Carolina1 to declare said lease terminated and forfeited and proceed to re -leasesaid premises to another tenant and2 to have the immediate right of re -entry and , may remove _all personsand property from the leased premises and such property may be removedor stored in a public warehouse or elsewhere, at the cost, and for theaccount of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or become liable for anyloss or damage which may be occasioned thereby; and or3 to have the right to accelerate to declare the whole rent for the wholeterm of this, lease and or any and all other amounts due under this leaseat once due and payable and may proceed by attachments, suit, or otherwiseto collect all such amounts in the same manner, as if by the terms ofthis lease all such amounts due or to become due during- the entire termare payable in advancer and neither the acceleration by Landlord of suchamounts nor the payment by Tenant of such accelerated amounts shallconstitute a waiver by Landlord of any breach,, existing or in the future,of any of the terms or provisions of this agreement by Tenant or of anyrights or - remedies which the Landlord may have with respect to any suchbreachARTIC1e 25 GENERAL This lease does not create the relationship ofprincipal and agent or of partnership or of joint venture or of any associationbetween Landlord and Tenant, the sole relationship between Landlord and Tenantbeing that of Landlord and Tenant No estate shall pass out of Landlord Tenanthas only a usufruct which is not subject to levy and sale No waiver of anydefault of Tenant hereunder shall be implied from any omission by Landlord totake any action on account of such default if such default persists or is repeated,and no express waiver shall effect any default other than the default specifiedin the express waiver and that only for the time and to the extent therein statedOne or more waivers by Landlord shall not be construed as a waiver of a subsequentbreach of the same covenant, term, or condition The consent to, or approvalby, Landlord of any act by Tenant requiring Landlords consent or approvalshall not waive or render unnecessary Landlords consent to, or approval of,any subsequent similar act by Tenant Each term and each provision of thislease performable by Tenant shall be construed to be both a covenant and acondition No action required or permitted to be taken by or on behalf of Landlordunder the terms or provisions of this lease shall be deemed to constitute an evictionor disturbance of Tenants possession of the leased premises The submissionof this lease or a summary of some or all of its provisions for examination doesnot constitute a reservation of or option for the leased premises,, and this leasebecomes effective as a lease only upon execution and delivery thereof by Landlordand by Tenant The marginal or topical headings of the several articles, paragraphs,and clauses are for convenience only and do not define, limit, or construe thecontents of such articles, paragraphs, or clauses All preliminary negotiationsare merged into , and incorporated in this lease The laws of the State in whichthe premises leased hereunder is located shall govern the validity, performance,and enforcement of this lease In the event that Landlord uses the services ofany attorney or resorts to litigation to enforce any of the terms of this lease,then reasonable attorney fees plus interest will be _paid by the Tenantirrair IARTICLE 24 NOTICES Any notices required orpermitted underthisleaseshall be deemed sufficiently given orserved if sent byregistered mailtoTenantatthe address of the leased premisesand to Landlordat the addressthenfixedforthe payment of rent, and eitherparty may, by writtennotice totheother,atany time, designated a differentaddress to which_notices shall subsequentlybesentARTIC1e 25 GENERAL This lease does not create the relationship ofprincipal and agent or of partnership or of joint venture or of any associationbetween Landlord and Tenant, the sole relationship between Landlord and Tenantbeing that of Landlord and Tenant No estate shall pass out of Landlord Tenanthas only a usufruct which is not subject to levy and sale No waiver of anydefault of Tenant hereunder shall be implied from any omission by Landlord totake any action on account of such default if such default persists or is repeated,and no express waiver shall effect any default other than the default specifiedin the express waiver and that only for the time and to the extent therein statedOne or more waivers by Landlord shall not be construed as a waiver of a subsequentbreach of the same covenant, term, or condition The consent to, or approvalby, Landlord of any act by Tenant requiring Landlords consent or approvalshall not waive or render unnecessary Landlords consent to, or approval of,any subsequent similar act by Tenant Each term and each provision of thislease performable by Tenant shall be construed to be both a covenant and acondition No action required or permitted to be taken by or on behalf of Landlordunder the terms or provisions of this lease shall be deemed to constitute an evictionor disturbance of Tenants possession of the leased premises The submissionof this lease or a summary of some or all of its provisions for examination doesnot constitute a reservation of or option for the leased premises,, and this leasebecomes effective as a lease only upon execution and delivery thereof by Landlordand by Tenant The marginal or topical headings of the several articles, paragraphs,and clauses are for convenience only and do not define, limit, or construe thecontents of such articles, paragraphs, or clauses All preliminary negotiationsare merged into , and incorporated in this lease The laws of the State in whichthe premises leased hereunder is located shall govern the validity, performance,and enforcement of this lease In the event that Landlord uses the services ofany attorney or resorts to litigation to enforce any of the terms of this lease,then reasonable attorney fees plus interest will be _paid by the Tenantirrair IDetailsAnnotationsEntry PropertiesModified11192013 12302 PMCreated4172003 125240 PMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date721984Book17