Loading...
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 = �xy�p7i 1 .c9Fe�r_7weaT{4 7 ... pr1�a �".^t-.'.'p•..a«,.__ !1 ,�! ' ! �/. /!fes / / -E y� YT5 �"Y.JS R A� 1.E utIYX4% Hp NRE SUNUEY f'L 9'MOlW. l w•�REASYrt. �BYWN CWNivI ` tr ter%: _�"i4•s�sr ! �/. /!fes / / -E y� YT5 �"Y.JS R A� 1.E utIYX4% Hp NRE SUNUEY f'L 9'MOlW. l w•�REASYrt. �BYWN CWNivI