AG 2015 06 15 - Laserfiche WebLink

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The County has not reserved to itself any rooms or areas in the Historic Courthouse, although at times it may have a need to use any of the rooms or areas. Arts Council and Historic Cabanas specifically agree that the County may have use of any room or area on a non - exclusive basis, but subject to any prior scheduled use of any such room or area. The County does reserve for itself access to all rooms and areas of the Historic Courthouse for purposes of inspection and to undertake any maintenance or repairs required of the County pursuant to this Agreement. 3 Usage of Desi nated S aces. Those areas designated for exclusive use by either Arts Council or Historic Cabarrus may be used by the other only with the prior permission of the party entitled to exclusive use. These areas designated for joint equivalent use are nonexclusive to either Arts Council or Historic Cabarrus, each of whom shall cooperate with the other for peaceful use of such areas. For those areas designated as primarily for either Arts Council or Historic Cabarrus, these parties shall agree by July 1 of each fiscal year on a calendar of use to be prepared jointly by such parties. That calendar may be supplemented during the fiscal year by either Arts Council or Historic Cuban by agreement or claim to use of an area not previously scheduled for use by either or the County. Any disputes concerning usage of the Historic Courthouse or the Grounds shall be decided by the County Manager or his designee, whose decision on such matter shall be final. Such decision shall be reduced to writing and shall become a part of this Agreement. 4. Duration of Lease The duration of the Lease for each of Arts Council and Historic Cabarrus shall be for a term of ten (10) years, beginning on July 1, 2015 and ending at midnight on June 30, 2025, unless sooner terminated by written mutual consent of the County and the terminating or terminated leasing party or because of the default of a party. It is understood and agreed that a termination as to Arts Council does not affect the continuing validity of the lease with Historic Cabanas and vice versa, whether the termination is due to the actions of the County or the specific leasing party. It is also understood and agreed that the termination of one of the leasing parties does not create any greater rights or privileges for the other leasing party regarding the Historic Courthouse unless specifically agreed to by the County. 5, Lease Papnents For each year or partial year that this Agreement is in effect, Arts Council and Historic Cabarrus shall each pay in advance the amount of One Dollar ($1.00) as basic rent for the occupancy and use of the Historic Courthouse. At their respective options, Arts Council and Historic Cabarrus can prepay the basic rent for ten (10) years in advance so as not to be in default under this Agreement for failure to pay this nominal annual amount. In the event that any prepaid amount is ultimately owed either leasing party upon the termination of its respective lease term, the County shall refund such amount, after deduction of any amounts owed to the County. 6. County Responsibilities The County will be responsible for the following obligations under this Agreement. a) Maintenance and Repair. The County at its expense will maintain the exterior of the Historic Courthouse building and the Grounds. This maintenance and repair responsibility includes the roof, HVAC system, exterior painting, landscaping, lighting and groundskeeping. A schedule for interior cleaning is attached as Exhibit C. Attachment number 1 G -4 Page 185