HomeMy WebLinkAboutViolet Lease MemoPrepared by: Violet Solar, LLC
Return to: 227-B Southside Dr
Charlotte NC 28217
MEMORANDUM OF LEASE
STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
FILED
CABARRUS COUNTY NC
WAYNE NIXON
FILED Jul 19, 2018
AT 11:19 am
BOOK 13095
START PAGE 0130
END PAGE 0132
INSTRUMENT # 17568
EXCISE TAX $0.00
EBV
THIS MEMORANDUM OF LEASE ("Memorandum") is entered into Tvly 194" . 2018 between
Virginia E. Foil, Trustee of the Virginia E. Foil Living Trust dated May 14, 2016 ("Landlord"), whose address is 10000
Foil Road, Mount Pleasant, NC 28124, and. Violet Solar, LLC, a North Carolina limited liability company ("Tenant"),
whose address is 227-B Southside Dr., Charlotte, NC 28217, to provide record notice of that certain Lease Agreement
dated April 101h, 2015, Amended March 29`h, 2017, Amended June 26", 2017, Amended March 26, 2018, Amended
July 6, 2018, Amended July 14, 2018 (the "Lease") whereby Landlord leased to Tenant the premises depicted on
Exhibit A together with all improvements, fixtures, personal property and trade fixtures, and all other
appurtenances, tenements, hereditaments, ingress, egress, rights and easements pertaining thereto (collectively,
the "Leased Premises'). Landlord and Tenant agree that upon completion of a final site plan, the parties can amend
Exhibit A to more accurately describe the Leased Premises.
The solar photovoltaic power generating facility and all related equipment installed, owned and operated by Tenant
and located at the Leased Premises (collectively, the Generating Facility') shall not be deemed a fixture. The
Generating Facility is Tenant's personal property and Landlord has no right, title or interest in the Generating Facility.
Further, Landlord has waived any and all rights it may have to place a lien on the Generating Facility.
The Effective Date of the Lease is April 10`h, 2015. The Initial Term of the Lease begins on the Rent Commencement
Date (as defined in the Lease) and continues for 15 years from the Placed in Service Date (as defined in the Lease)
unless extended or earlier terminated as provided in the Lease. Tenant has the right to extend the Term for up to
four additional Extension Terms of five years each as set forth in the Lease. Additionally, pursuant to the terms of
the Lease, Landlord has granted a right of first offer to Tenant to purchase the Leased Premises. Reference should
be made to the Lease for further particulars.
[SIGNATURES ON THE FOLLOWING PAGE(S)]
IN WITNESS WHEREOF, the parties have executed this MEMORANDUM as of the date first written above.
TENANT:
Violet Solar, LLC
By
J se Montgomery, pager
STATE OF NORTH CAROLINA
COUNTY OFbur
(PlaceofA cnowledgement)
I certify that the following person personally appeared before me this day, acknowledging to me that
(s)he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated
above: Jesse Montaomerv.
Dater 4 it 2018.
(Official Seal)
v
h�Pa0TAR y y:
U
STATE OF NORTH CAROLINA
COUNTY OF C4 601 -MS
(Place of Acknowledgement)
Official Signature of Notary
SGMani'I�w q• i1teln,•+rt
Notary's printed or typed name, Notary Public
My commission expires: 61141 2.ez2
LANDLORD:
Virginia E. Foil Living Trust dated May 14, 2016
By: V t/L4,0"'d 6- lal D,
VirgirRa E. Foil, Trustee
I certify that the following person personally appeared before me this day, acknowledging to me that
(s)he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated
above: Virginia E. Foil.
Date: JtbJ_ f, 2018.
Amy C Schuen0men
Notary Public
Cebanus County
(Official Seal) State W Norm Carolina
Commission Expires 5-t&2020
WA t. Psi a �hj�61L
Official Sig lure of ryotary
i414.0 In S[171sPAtoomo
Notary' printed or typed name, Notary Public
My commission expires: 1Z IAWB
Exhibit A
Leased Premises
It is specifically understood that this Exhibit A is not to scale and is intended merely as a depiction of the
Premises for illustrative purposes.
Ownership: Virginia E. Foil Living Trust
Portion of Property ID Number: 08-008-0005.00
Portion of PIN: 56706525660000
Location: Mt. Pleasant, NC
County: Cabarrus
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