COMMERCIAL LEASE
THIS LEASE AGREEMENT is made as of this 1st day of August, 2005, by and
between the CITY OF CHARLOTTESVILLE, VIRGINIA and the COUNTY OF
ALBEMARLE, VIRGINIA, both political subdivisions of the Commonwealth of
Virginia (hereinafter “Lessors”), and SILVERCREST ASSET MANAGEMENT GROUP, LLC
(hereinafter “Lessee”).
WITNESSETH:
WHEREAS, the Lessors are the owners of the Premises described herein, and
represents that they have clear and unencumbered title to said Premises and are
able to lease the same and deliver possession of the Premises to the Lessee upon
the Commencement Date as set forth herein; and
WHEREAS, the Lessee is currently in possession of the Premises pursuant to
an Assignment of Lease dated March 31, 2005 and desires to continue to lease the
Premises for use as commercial office space; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties hereby agree as follows:
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LEASED PREMISES.
The leased premises, herein referred to as the “Premises”, shall be all the
property identified as Parcel 111 on City Real Property Tax Map 53, including
the building containing approximately 6,218 square feet and commonly known as
the Jessup Building, 614 East High Street, and labeled as “Town Hall Two” on
the attached Site Plan (Attachment A), together with the parking area
hereinafter designated. The property lies between East High Street and
Jefferson Street, and on the west side of 7th Street, N.E. in the
City of Charlottesville.
The designated
parking area shall include those ten (10) individual parking spaces marked on
the attached Site Plan with an “X”.
2.
LEASE TERM AND
NON-RENEWAL.
The
term of this Lease shall be for a period of five (5) years, beginning August 1,
2005 (“Commencement Date”) and terminating at midnight on June 30, 2010, or
sooner as provided herein. There shall be no automatic renewal or extension of
the term of this Lease, and should extension or renewal be desired by Lessors or
Lessee, such renewal or extension shall be accomplished by separate written
instrument of equal dignity to this Lease. Absent such written renewal or
extension, this Lease shall automatically terminate at the end of the term
hereof.
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RENT.
(A) The base annual rent for the Premises shall be Seventy-Five Thousand and
00/100 Dollars ($75,000.00) for a total base rent for the entire term of Three
Hundred Sixty-Eight Thousand, Seven Hundred Fifty and 00/100 Dollars
($368,750.00). Said rent is payable in advance in monthly installments on the
first day of each successive month of the lease term commencing on August 1,
2005. Until the same is adjusted as hereinafter set forth, said monthly
rental payments shall be Six Thousand, Two Hundred Fifty and 00/100 Dollars
($6,250.00) (the “Base Monthly Rent”). If such monthly rental payment is not
received by Lessors on or before the fifth (5th) day of the month
in which it is due, Lessee shall pay Lessors a late charge in addition to the
monthly rental of five percent (5%) of such late monthly rental payment(s).
All payments shall be made to Lessors at the address specified herein.
(B) Lessee and
Lessors agree that the annual Rent for each year following the initial year of
the Lease (August 1, 2005 to July 31, 2006) shall equal the amount of Rent
payable during the previous rent year, unreduced by any rent credits provided
for herein, increased by the “Rent Increase Percentage”. The Rent Increase
Percentage shall mean the greater of (i) the percentage increase of the Consumer
Price Index for All Urban Consumers for All Items [CPI-U (1982-1984=100)] that
occurred during the preceding Lease Year ending three (3) months before the
anniversary date of this Lease; or (ii) three percent (3%) of the Rent payable
during the previous rent year, unreduced by any rent credits provided for
herein.
(C) In
consideration for this Lease, Lessee agrees to perform certain renovation work
at the Premises, as more particularly described in the “Intended Rehabilitation”
section of the attached Memorandum from Lessee to Lessors, dated August 24,
2005, with supporting electronic mail messages attached, all of which is
attached hereto as Attachment B to this Lease. Lessee agrees that during the
first year of this Lease it will expend approximately Ninety Thousand and 00/100
Dollars ($90,000.00) for the Intended Rehabilitation work described in the
Attachment. All work shall be performed in a first class professional manner by
licensed contractors, in full compliance with any and all applicable building
and safety codes. Lessee shall be responsible for the prompt payment of all
costs, charges and invoices for the above-described work. All work shall be
completed during the first year of the lease term, unless Lessee and Lessors
agree to a longer period.
Subject to the
conditions stated herein, when any of the intended rehabilitation work
referenced in this paragraph (C) has been completed and paid for by Lessee,
Lessee shall be entitled to a rent credit equal to the cost of the repair.
Lessee shall submit to Lessors copies of all invoices for the interior repair
work with documentation evidencing payment by Lessee. Lessors shall have the
right of access to the building, upon reasonable notice to Lessee, to verify
that the repairs have been performed in a satisfactory manner. Upon receipt of
the required documentation from the Lessee, Lessors shall have ten (10) working
days to give written notice to Lessee if the rent credit is denied, with reasons
for the denial. If Lessors do not give timely written notice of denial to
Lessee, Lessee shall be entitled to deduct from the next month’s rental payment
the paid costs of the repairs. If the amount of the rent credit is greater than
the monthly rental amount, Lessee may continue to deduct the repair costs from
subsequent monthly rental payments until the entire amount of the rent credit
has been exhausted; provided, however, that in no event shall a credit be
claimed by Lessee or allowed by Lessors (i) for any costs in excess of
Fifty-Five Thousand and 00/100 Dollars ($55,000.00) over the entire term of this
Lease; or (ii) for any repairs not referenced in this paragraph (C), unless such
non-routine repairs and credits therefore are agreed to in writing by Lessors
and Lessee prior to such repairs being made.
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REAL PROPERTY
TAXES.
Throughout the term of this Lease Lessee shall pay all real property taxes
lawfully assessed against its leasehold interest by the City of
Charlottesville pursuant to Virginia Code § 58.1-3203. In the event that the
taxing authority of the City of Charlottesville determines that the Premises
is not eligible for an exemption from real property taxation pursuant to
Virginia Code § 58.1-3603, Lessee shall within thirty (30) days of receipt of
written notice and proof of payment by Lessors, reimburse Lessors for the
amount of real property taxes each has paid as an owner of the Premises.
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USE.
Lessee shall use and occupy the Premises for general office purposes in the
conduct of its business and shall not use the Premises for activities that
would in any way violate any law or requirement of any public authority, cause
structural damage to the improvements, interfere with the normal operation of
the utility systems, cause undue noise or disturbance to neighboring
properties or alter the exterior of the building. Lessee shall not use the
Premises for the purposes of storing, manufacturing or selling any explosives,
flammables, or other inherently dangerous substance, chemical, thing or
device.
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QUIET ENJOYMENT.
Lessors covenant that, upon payment of rent and conditioned upon performance
of all of the covenants and conditions of this Lease, the Lessee shall
peacefully and quietly have, hold and enjoy the said leased Premises for the
term aforesaid.
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CONDITION OF
PREMISES / CARE AND MAINTENANCE.
(A)
Except as may be expressly provided otherwise herein,
Lessee accepts said premises and fixtures therein, if any, in their present
condition and agrees to keep said premises and fixtures in a good clean
condition; to commit no waste thereon; to obey all laws and ordinances
affecting said Premises; and at termination hereof to surrender the premises
and fixtures in like condition as when taken, reasonable wear and tear
excepted.
(B) Lessee shall
be responsible for all routine and ordinary interior and exterior maintenance
and repairs to the building and Premises during the term of the Lease, except
that Lessors will be responsible for the following:
(1)
Maintenance, repair or replacement of the heating, ventilation and air
conditioning system;
(2)
The initial repair of the exterior front and side walkways, and front and
side retaining walls which are at the Commencement Date in a damaged condition;
(3)
The initial repainting of the exterior window frames, shutters and roof
in a color scheme mutually acceptable to Lessors and Lessee;
(4)
Treatment and or removal of the two existing hemlock trees located in the
front of the building, and if removal is necessary to install appropriate
replacement trees or plantings.
Any extraordinary
repairs or replacements, including but not limited to repair or replacement to
the roof, shall be performed by the Lessors, “extraordinary” being defined as
those non-routine repairs or replacements with a life expectancy longer than the
term of this Lease.
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ALTERATIONS.
Lessee shall not, without first obtaining the written consent of the Lessors,
make any alterations, additions, or improvements in, to or about the Premises,
except as described in paragraph 3 (C), supra. The Lessors’ written
consent will not be unreasonably withheld for any alterations, additions or
improvements Lessee deems necessary or convenient to its use of the Premises
for its intended purpose. Any permanent fixtures shall become the property of
the Lessors upon termination of the Lease. Lessee shall be entitled to make
improvements and additions to the existing gardens on the Premises. All
alterations shall be in accordance with applicable law, regulations and codes,
including but not limited to the applicable building codes and the City of
Charlottesville’s zoning ordinance. Any changes to the exterior appearance of
the building shall not be made until the Lessee has obtained a certificate of
appropriateness from the City’s Board of Architectural Review or, on appeal,
City Council.
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ORDINANCES AND
STATUTES.
Lessee shall comply with all statutes, ordinances and requirements of all
municipal, state and federal authorities now in force, or which may hereafter
be in force, pertaining to the Premises, occasioned by or affecting the use
thereof by Lessee.
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ASSIGNMENT AND
SUBLETTING.
Lessee shall not assign this Lease or sublet any portion of the Premises
without the prior written consent of the Lessors, which consent may be
withheld for any reason or for no reason, or which may be conditioned in any
way Lessors choose. Any such assignment or subletting without consent shall
be void and the Lessors, at their option, may terminate this Lease.
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UTILITIES.
Lessee shall provide and pay all charges incurred by Lessee for utilities,
including gas, electricity, water, sanitary sewer and trash disposal services
incurred by Lessee during the term of this Lease. Lessee shall be responsible
for the costs of any telephone, cable television and internet services to the
Premises. Lessors may interrupt or suspend the supply of any utility service
to the Premises in order to make any necessary repairs or perform any
maintenance for which Lessors are responsible so long as Lessors shall pursue
with reasonable diligence the completion of the work. No such interruption
shall exceed a period of one (1) day without prior consent of Lessee. If such
interruption is necessary, Lessors shall give Lessee at least 48 hours prior
written notice of the dates and times of the contemplated interruption, unless
such interruption is due to an emergency not caused by Lessee, and shall
cooperate with Lessee in order to minimize any inconvenience to Lessee.
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ENTRY AND
INSPECTION:
Lessees shall permit Lessors or Lessors’ agents to enter upon the Premises at
reasonable times and upon reasonable notice, for the purpose of inspecting the
same, and will permit Lessors at any time within sixty (60) days prior to the
expiration of this Lease to place upon the Premises any usual “To Let” or “For
Lease” signs, and permit persons desiring to lease the same to inspect the
Premises thereafter.
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INSURANCE.
Lessee shall obtain and maintain in full force and effect during the term
hereof business personal property insurance, including fire and extended
coverage insurance, to cover its property and business operations within the
Premises, and general liability insurance with policy limits of not less than
One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars
($2,000,000.00) in the aggregate and not less than One Hundred Thousand
Dollars ($100,000.00) with respect to property damage per occurrence. The
Lessee’s general liability insurance policy shall name the City of
Charlottesville and the County of Albemarle as additional insureds as it
pertains to the Premises. A certificate evidencing that the Lessors have been
named as additional insureds shall be provided to the City of Charlottesville
as fiscal agent for Lessors. The Lessors, at their sole expense, shall
adequately insure the building for fire, casualty, hazard and liability.
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INDEMNIFICATION.
(A) Lessee agrees to indemnify and hold harmless Lessors and their officials,
officers, agents and employees from and against any and all claims, losses,
liabilities, damages and expenses which arise from Lessee’s possession, use,
occupation, management, repair, maintenance or control of the Premises, or any
portion thereof, which arise from any negligent or wrongful act or omission of
Lessee or Lessee’s agents, employees, licensees, or invitees, or result from
any default, breach, violation or nonperformance of this Lease or any
provision of this Lease by Lessee. Lessee shall, at its own cost and expense,
defend any and all actions, suits or proceedings which are brought against
Lessors with respect to the foregoing. Lessee shall pay, satisfy and
discharge any and all judgments, orders and decrees which may be recovered
against Lessors as a result of the foregoing. Lessors shall fully cooperate
in the defense of any such actions, suits or proceedings.
(B) Lessors shall
not be liable for any damage or injury to person or property caused by or
resulting from steam, electricity, gas, oil, rain, ice, snow, or any leak or
flow from or into any part of the Premises or the building of which the same is
a part, or for any damage or injury resulting or arising from any other cause or
happening whatsoever unless said damage or injury is caused by the negligent or
wrongful act or omission of the Lessors or either of them; and, notwithstanding
the foregoing or any other provision of this Lease, Lessors shall not be liable
to Lessee or any insurance company insuring Lessee for any loss or damage to
Lessee’s personal property within the Premises or on Lessors’ property which was
covered by fire and extended coverage insurance.
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EMINENT DOMAIN.
If the Premises or any part thereof or any estate therein, or any other part
of the building materially affecting Lessee’s use of the Premises shall be
taken by eminent domain, this Lease shall terminate on the date when entry
onto the Premises is made by the takeover entity. The rent shall be
apportioned as of the termination date, and any rent paid for any period
beyond that date or rent credits shall be repaid to Lessee. Lessee shall not
be entitled to any part of the award for such taking or any payment in lieu
thereof, but Lessee may file a claim for any taking of improvements owned by
Lessee, and for relocation expenses.
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DAMAGE
BY FIRE OR OTHER CASUALTY.
If all or any portion of the Premises shall be damaged or destroyed by fire or
other casualty, this Lease shall not be terminated unless Lessors decide not
to replace, repair or rebuild in accord with the following provisions. Lessee
hereby waives any and all rights to terminate this Lease by reason of damage
to the Premises by fire or other casualty pursuant to any presently existing
or hereafter enacted statute or pursuant to any other law. In the event of
any damage to the Premises by fire or other casualty which renders the
premises unfit for Lessee’s purposes, in whole or in part, there shall be an
abatement of the rent payable hereunder during the period of such condition
for so long as Lessee is not engaged in the conduct of its business operations
in the Premises to substantially the same extent as that prior to said
casualty and only to that extent which the Premises are rendered unusable, and
on a pro rata basis. If all or any portion of the Premises is damaged
or destroyed by fire or other casualty that is covered by Lessee’s general
liability insurance, then all insurance proceeds under such policy shall be
paid to the Lessors or made available for the payment for repair, replacement,
or rebuilding, and the Lessors shall elect as soon as practical after the
damage has occurred, but no later than twenty (20) days thereafter, whether or
not to repair or rebuild the Premises or any such portion thereof to its
condition immediately prior to such occurrence; provided, however, that the
foregoing provisions shall not require the Lessor to repair or rebuild any
part of the Premises, or of Lessee’s improvements, equipment or appurtenances
not constituting fixtures or otherwise a part of the Premises owned by Lessors.
In any event, Lessors shall provide Lessee written notice of its decision
either to elect to or refuse to replace or rebuild said Premises within the
aforesaid twenty (20) day period. If Lessors elect not to replace or rebuild
then said Lease shall be deemed terminated thirty (30) days following the
occurrence causing said damage. If at the time of Lessors’ decision to
replace or rebuild, Lessors do not agree in writing to complete the repair or
rebuilding within ninety (90) days after the decision is made, or within a
reasonable period if ninety (90) days is unreasonable under the circumstances
in light of the nature and extent of the damages, as decided by both Lessors
and Lessee, Lessee shall have the option to terminate this Lease by written
notice to Lessors within fifteen (15) days after Lessors’ decision.
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DEFAULT
PROVISIONS.
(A) The following shall constitute events of default:
(1)
Abandonment of the Premises;
(2)
The default of seven (7) days in payment of rent or other sums due to
Lessors hereunder;
(3)
Breach of any of the covenants or conditions of this Lease continuing for
more than fifteen (15) days following receipt of written notice thereof from
Lessors to Lessee;
(4)
Dissolution or commencement of any proceedings to dissolve Lessee;
(5)
Termination of existence, insolvency, business failure, appointment of a
receiver, assignment for the benefit of creditors of all or any part of the
property of the Lessee, or commencement of any proceedings under any bankruptcy
or insolvency law by or against Lessee.
No failure on the
part of the Lessors to enforce any covenant or provision herein, nor the waiver
of any right hereunder by Lessors, shall discharge or invalidate such covenant
or provision or any other covenant, condition or provision hereof, or affect the
right of the Lessors to enforce the same in the event of subsequent breach or
default.
(B) REMEDIES ON
DEFAULT. Upon the occurrence of any event of default, Lessors shall have the
right, then or at any time thereafter while such event of default shall
continue, to terminate this Lease on not less than ten (10) days notice to
Lessee. On the date specified in such notice the term of this Lease shall
terminate, and Lessee shall then quit and surrender the Premises to Lessors,
without extinguishing Lessee’s liability. If this Lease shall have been so
terminated by Lessors, Lessors may at any time thereafter resume possession of
the premises by any lawful means and remove Lessee or other occupants and their
effects. In the event of default by Lessee, rentals received by Lessors
following reentry shall be applied to liability of the Lessee resulting from
said default.
(C) LIABILITY OF
TENANT ON DEFAULT. If the Lessors rightfully terminate this Lease or reenters
pursuant to the foregoing section, Lessee shall remain liable for the rent and
all of the sums provided for in this Lease until the date this Lease would have
expired had such termination not occurred and any and all expenses incurred by
Lessors in reentering the Premises, repossessing the same, making good any
default of the Lessee, and repairing any damage which may have resulted from
Lessee’s use of the Premises excepting normal wear and tear and the expense
which Lessors may incur in obtaining a new tenant. Lessee agrees to pay to
Lessors the amount of the foregoing liability with respect to each month during
the term of this Lease, all of which shall be accelerated upon any default. In
the event of default, and in addition to the foregoing, Lessee shall pay Lessors
all costs incurred, including reasonable attorney’s fees with respect to any
collection efforts, suit, or action taken or instituted by Lessors against
Lessee to enforce the provisions of this Lease provided the Lessors
substantially prevail.
(D) LIQUIDATED
DAMAGES. If Lessors rightfully terminate this Lease pursuant to the foregoing
default provisions, Lessors shall have the right at any time, at their option,
to require Lessee to pay to Lessors, on demand, as liquidated and agreed final
damages in lieu of Lessee’s liability hereinbefore provided, the rent and all of
the charges which would have been payable from the date of such demand to the
date when this Lease would have expired if it had not been terminated. If the
Premises have been relet for all or part of the remaining balance of the term by
Lessors after default by Lessee, the amount of said rent shall be credited
against any liquidated damages. Upon payment of any such liquidated and agreed
final damages, Lessee shall be released from all further liability under this
Lease.
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RIGHT OF LESSORS
TO CURE LESSEE’S DEFAULT.
If Lessee shall fail to keep or perform any of its obligations as provided in
this Lease, then Lessors may, upon the continuance of such failure on Lessee’s
part for fifteen (15) days after receipt of written notice from Lessors to
Lessee and without waiving or releasing Lessee from any obligations, and as an
additional but not exclusive remedy, make such payment or perform any such
obligation and all sums so paid by Lessors and all necessary and incidental
costs and expenses incurred by Lessors in making such payment or performing
such obligation together with interest thereon at the judgment rate of
interest, from time to time as provided by the Code of Virginia, shall be paid
by Lessee to Lessors on demand, or at Lessors’ option may be added to any
installment of rent thereafter falling due.
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SECURITY DEPOSIT.
Lessors have received a security deposit from Lessee in the amount of Four
Thousand, One Hundred and Sixty-Six and 00/100 Dollars ($4,166.00) as security
for the full and faithful performance by Lessee of every provision, covenant
and condition of this Lease, including without limitation the surrender of
possession of the Premises to Lessors as herein provided. If Lessors apply
any part of the deposit to cure any default of Lessee, Lessee shall on demand
deposit with Lessors the amount so applied so that Lessors shall have the full
deposit on hand at all times during the term of the Lease. At the termination
of this Lease, In the event that Lessee shall fully and faithfully comply with
every provision, covenant and condition of this Lease, such security deposit
or any balance of it shall be returned to Lessee within thirty (30) days after
expiration or earlier termination (without default of Lessee) of the Lease and
delivery of possession of the Premises to Lessors. Acceptance of the security
deposit by Lessors does not constitute any waiver of damages that may exceed
the amount of the security deposit or any waiver of any other rights the
Lessors may have against the Lessee, at law or in equity, by reason of
Lessee’s default, and in the event of damages suffered by Lessors by reason of
Lessee’s default, that exceed the amount of the security deposit, Lessors
shall be entitled to such additional damages directly attributable to Lessee’s
use of the Premises.
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ATTORNEY’S FEES.
In the event that suit is brought by either party in furtherance of its rights
under this Lease, the prevailing party shall be entitled to all costs incurred
in connection with such action, including a reasonable attorney’s fee.
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WAIVER.
No failure of Lessors to insist upon the strict performance of any term or
provision of this Lease or to exercise any right or remedy consequent upon a
breach thereof, and no acceptance by Lessors of full or partial rent during
the continuance of any such breach, shall constitute a waiver of any such
breach or of any such term or provision of this Lease. Any waiver by Lessors
must be by a written instrument executed by Lessors clearly describing the
waiver and its extent.
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SURRENDER OF
LEASED PREMISES.
Upon the expiration or other termination of the term of this Lease, Lessee
shall quit and surrender the Premises in good order, repair, and in clean
condition, and shall remove all of its property therefrom, except as otherwise
provided in this Lease.
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ESTOPPEL
CERTIFICATE.
Lessee shall, without charge therefore, at any time and from time to time,
within ten (10) days after receipt of a written request by Lessors, execute,
acknowledge and deliver to Lessors a written estoppel certificate certifying
to Lessors or any purchaser of the Premises, or any other person designated by
Lessors, as of the date of such certificate, to be prepared at Lessors’
expense, stating whether or not Lessee is in possession of the Premises;
whether or not this Lease is unmodified and in full force and effect; whether
or not there are then existing any setoffs or defenses against the enforcement
of any right or remedy of Lessors known to Lessee at that time; the dates, if
any, to which any rent or other charges have been paid in advance; that Lessee
has no knowledge of any then uncured defaults on the part of the Lessors under
this Lease or if Lessee has knowledge of any such uncured defaults, specifying
the same; that Lessee has no knowledge of any event having occurred that
authorizes the termination of this Lease by Lessee; and the address to which
notices to Lessee should be sent. Further, Lessors agree to provide an
estoppel certificate covering the same items to Lessee or other person
designated by Lessee without charge, within ten (10) days of Lessee’s request
for the same.
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NOTICES.
Any notice which either party may or is required to give shall be given by
mailing the same, postage prepaid, to the following
and, unless otherwise provided for herein, shall be deemed given as of the
date postmarked in the United States mail to the following addresses or
at such other addresses as are specified by written notice delivered in
accordance herewith.
To Lessee: Russell J. Bell
Managing Director
Silvercrest Asset Management Group LLC
614 East High Street
Charlottesville,
VA 22902
To Lessors: City of Charlottesville, Virginia
City Hall, 601 East Market Street
P.O. Box
911
Charlottesville,
VA 22902
Attn: Gary O’Connell, City Manager
and
County of Albemarle,
Virginia
County
Office Building
401 McIntire Road
Charlottesville,
VA 22902
Attn: Robert W. Tucker, Jr., County Executive
with a copy to: S. Craig Brown, Charlottesville City
Attorney
City Hall, 601 East Market Street
P.O. Box
911
Charlottesville,
VA 22902
and
Larry W. Davis, Albemarle County Attorney
County
Office Building
401 McIntire Road
Charlottesville,
VA 22902
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HEIRS, ASSIGNS
AND SUCCESSORS.
This Lease is binding upon and inures to the benefit of the heirs, assigns and
successors in interest to the parties.
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SUBORDINATION.
This Lease is and shall be subordinated to all existing and future liens and
encumbrances against the property.
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NONAPPROPRIATION.
This Lease is subject to the approval, ratification and annual appropriations
by the County of Albemarle Board of Supervisors and the City of
Charlottesville City Council of the necessary money to fund the obligations of
the Lessors under the Lease for succeeding fiscal years. Should either or
both of the governing bodies fail to appropriate necessary funding, the
Lessors shall promptly give notice of such nonappropriation to Lessee and may
terminate this Lease without incurring any penalty, liability or additional
costs whatsoever.
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COMMISSIONS.
Lessors and Lessee agree that no real estate agent or company has provided
services in connection with this Lease, and each party hereto agrees to hold
the other harmless from any claim made for a commission in connection with
this Lease.
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ENTIRE AGREEMENT
AND AMENDMENTS.
This Lease represents the entire agreement between the parties, and may only
be amended by written addendum executed by authorized representatives of both
the Lessors and the Lessee.
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APPLICABLE LAW.
This Lease shall be governed by the laws of the Commonwealth of Virginia.
31. FISCAL
AGENT. As set forth in that certain Agreement dated July 20, 2004,
between the City of Charlottesville (the “City”) and the County of Albemarle
(the “County”), attached hereto as Exhibit C, the City shall serve as the Fiscal
Agent for the Lessors under this Lease, and the Lessee shall have the benefit of
the provisions of said Agreement as it relates to the Property herein. The City
shall be the recipient of all rents or other monies due.
WITNESS
the following authorized signatures and seals, all as of the day and year first
herein above written.
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