HomeMy WebLinkAboutAgenda - 06-21-1999 - 8rORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 21, 1999
Action Agenda
Item No. $- r
SUBJECT: Moody Building; Exercise of option to renew by Probation and Parole
DEPARTMENT: Purchasing 8~ Central Services PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Pam Jones extension 2652
Exercise of Option
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider approving the option to renew by Probation and Parole for space leased from
the County at the Moody Building, 103 Laurel Avenue, Carrboro.
BACKGROUND: The Probation and Parole Divisions of the State consolidated their southern Orange
operations last year in space leased by the County at 103 Laurel Avenue. At the time the negotiations
were carried out, it was unclear whether the building owner would sell or renew the lease with the
County. Because of this uncertainty, the sublease with the State was timed to coincide with various
decision points in the County lease. As the Board may recall, the owner of the property has since
notified the County of his intention not to dispose of the building and the County has been able to
negotiate a lease renewal through June 30, 2002. The sub lease with the State Probation and Parole
included two opportunities to extend their lease for 6 months each. Since the ownership of the building
has now been settled for the immediate future, the State wishes to exercise the first six-month option to
renew, which will renew their lease through December 31, 1999.
Highlights of the lease terms with the State are as follows:
• Leased premises are approximately 1,236 square feet.
• Lease rate is $14.50/square foot.
• Lease rate includes full service to the building including all utilities, cleaning, grounds care and
maintenance of the facility.
• The State provides their own telephone service.
• Parking is provided on site.
• Term of lease renewal is through December 31, 1999.
FINANCIAL IMPACT: The County shall receive $17,922 in rent from the State.
RECOMMENDATION(S): The Manager recommends that the Board approve the lease renewals for
space at 103 Laurel Ave. occupied by the State Probation and Parole; and authorize the Chair to sign on
behalf of the Board.
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IN AMERICA
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North Carolina Department of Correction
Division of Departmental Purchasing & Services
2020 Yonkers Road • 4227 MSC • Raleigh, NC 27699-4227
Phone: (919) 716-3250 • Fax: (919) 716-3983 or (919) 716 3984
James B. Hunt Jr., Governor
Ms. Pam Jones
Orange County
132 King Street
Hillsborough, NC 27278
July 20, 2000
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Theodis Beck, Secretary
RE: Lease Execution: Orange County, Lease Agreements for 1,236 Square Footage
Office Space for DCC-Chief of Probation and Parole, Office Assistance, Intensive and Surveillance Team
Location: 103 Laurel Avenue, Carrboro, NC
Dear Ms. Jones:
Enclosed please find a fully executed duplicate original of the above-mentioned Lease Agreement for your files.
Retain this document for your files.
Please forward one (1) invoice for the entire lease period as described in the Lease Agreement to the following
address for further processing: Department of Correction, Leasing Section, Departmental Purchasing & Services,
PO Box 29540, Raleigh, North Carolina 27626-0540. The invoice should contain the following information:
Name of Leasing Agent, address of leased property, and remit to address (place check should be sent to).
Once we have received your invoice, we will forward the information to our Accounting Department where your
payments will be processed as agreed.
Thank you for your assistance in this matter.
Sincerely,
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Larry A. Rhodes
Director
Enclosures
cc: Tommy E. Cline, Manager, Space Planning and Leasing
Joe Prater, Asst. Director for Fiscal/Personnel Services, DCC
Richard Stratton, Accounting Department, DOC
File
LAR/du
An Equal Opportunity / Affinnative Action Employer
Larry A. Rhodes, Director
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THIS LEASE DOES NOT BECOME EFFECTIVE UNTIL EXECUTED
BY THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION
STATE OF NORTH CAROLINA
LEASE AGREEMENT
COUNTY OF ORANGE
SE G ENT, made and entered into this the ~~day of
2000, by and between CC) Ul`iTY OF
ORANGE, reinaft designated as Lessor, and the STATE OF NORTH
CAROLIN ,hereinafter designated as Lessee;
WITNESSETH:
THAT WHEREAS, authority to approve and execute this lease agreement was
delegated to the Department of Administration by resolution adopted by the Governor
and Council of State on the 1st day of September, 1981; and as amended on December
7`'', 1999, and
WHEREAS, the parties hereto have mutually agreed to the terms of this lease
agreement as hereinafter set out,
NOW THEREFORE, in consideration of the rental hereinafter agreed to be paid
and the terms and conditions hereinafter set forth, Lessor does hereby let and lease unto
Lessee and Lessee hereby takes and leases from Lessor for and during the period of
time and subject to the terms and conditions hereinafter set out certain space in the City
of Carrboro, County of Orange, North Carolina, more particularly described as
follows:
Being ~ 1,236 net square feet of office .space located at 103 Laurel Avenue,
Carrboro, Orange County, North Carolina
(DEPARTMENT OF CORRECTION - Probation/Parole )
THE TERMS AND CONDITIONS OF THIS LEASE AGREEMENT ARE AS
FOLLOWS:
1. The term of this lease shall be for a period of Two (2) Years commencing
on the 1st day of July, 2000, or as soon thereafter as the leased premises are ceded to
the Lessee and terminating on the 30th day of June, 2002.
2. The Lessee shall pay to the Lessor as rental for said premises the sum of
$18,456.00 Dollars per annum, which sum shall be paid in equal monthly installments
of $1,538.00 Dollars, said rental to be payable within fifteen (15) days from receipt of
invoice in triplicate.
The Lessee agrees to pay the aforesaid rental to Lessor at the address specified,
or, to such other address as the Lessor may designate by a notice in writing at least
fifteen (15) days prior to the due date.
3. Lessor agrees to furnish to the Lessee, as a part of the consideration for this
lease, the following services and utilities to the satisfaction of the Lessee.
A. Heating facilities, air conditioning facilities, adequate electrical
facilities, adequate lighting fixtures and sockets, hot and cold water facilities,
and adequate toilet facilities.
B. Janitorial services and supplies. Maintenance of lawns, parking areas,
common areas and disposal of trash.
C. All utilities except telephone.
D. Parking
E. The lessor covenants that the leased premises are generally accessible to
persons with disabilities. This shall include access into the premises from the
pazking areas (where applicable), into the premises via any common areas of the
building and access to an accessible restroom.
4. During the lease term, the Lessor shall keep the leased premises in good
repair and tenantable condition, to the end that all facilities are kept in an operative
condition. Maintenance shall include, but is not limited to furnishing and replacing
electrical light fixture ballasts, air conditioning and ventilating equipment filter pads, if
applicable, and broken glass. In case Lessor shall, after notice in writing from the
Lessee in regazd to a specified condition, fail, refuse, or neglect to correct said
condition, or in the event of an emergency constituting a hazard to the health or safety
of the Lessee's employees, property, or invitees, it shall then be lawful for the Lessee
in addition to any other remedy the Lessee may have, to make such repair at its own
cost and to deduct the amount thereof from the rent that may then be thereafter become
due hereunder. The Lessor reserves the right to enter and inspect the leased premises,
at reasonable times, and to make necessary repairs to the premises.
5. It is understood and agreed that Lessor shall, at the beginning of said lease
term as hereinabove set forth, have the leased premises in a condition satisfactory to
Lessee, including repairs, painting, partitioning, remodeling, plumbing and electrical
wiring suitable for the purposes for which the leased premises will be used by Lessee.
6. The Lessee shall have the right during the existence of this lease, with the
Lessor's prior consent, to make alterations, attach fixtures and equipment, and erect
additions, structures or signs in or upon the leased premises. Such fixtures, additions,
structures or signs so placed in or upon or attached to the leased premises under this
lease or any prior lease of which this lease is an extension or renewal shall be and
remain the property of the Lessee and may be removed therefrom by the Lessee prior
to the termination of this lease or any renewal or extension thereof, or within a
reasonable time thereafter. The Lessee shall have no duty to remove any improvement
or fixture placed by it on the premises or to restore any portion of the premises altered
by it. In the event Lessee elects to remove his improvements or fixtures and such
removal causes damage or injury to the demised premises, Lessee will repair only to
the extent of any such damage or injury.
7. If the said premises be destroyed by fire or other casualty without fault of
the Lessee, this lease shall immediately terminate and the rent shall be apportioned to
the time of the damage. In case of partial destruction or damage by fire or other
casualty without fault of the Lessee, so as to render the premises untenantable in whole
or in part, there shall be an apportionment of the rent until the damage has been
repaired. During such period of repair, Lessee shall have the right to obtain similar
office space at the expense of Lessee or the Lessee may terminate the lease by giving
fifteen (15) days written notice to the Lessor.
8. Lessor shall be liable to Lessee for any loss or damages suffered by Lessee
which are a direct result of the failure of Lessor to perform an act required by this
lease, and provided that Lessor could reasonably have complied with said requirement.
9. Upon termination of this lease, the Lessee will peaceably surrender the
leased premises in as good order and condition as when received, reasonable use 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 no control or for which Lessor
is responsible pursuant to this lease, excepted.
10. The Lessor agrees that the Lessee, upon keeping and performing the
covenants and agreements herein contained, shall at all times during the existence of
this lease peaceably and quietly have, hold, and enjoy the leased premises free from the
adverse claims of any person.
11. The failure of either party to insist in any instance upon strict performance
of any of the terms and conditions herein set forth shall not be construed as a waiver of
the same in any other instance. No modification of any provision hereof and no
cancellation or surrender thereof shall be valid unless in venting and signed and agreed
to by both parties.
12. Any hold over after the expiration of the said term or any extension
thereof, shall be construed to be a tenancy from month to month, and shall otherwise
be 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 terminate the tenancy.
13. The parties to this lease agree and understand that the continuation of this
lease agreement for the term period set forth herein, or any extension or renewal
thereof, is dependent upon and subject to the appropriation, allocation or availability of
funds for this purpose to the agency of the Lessee responsible for payment of said
rental. The parties to this lease also agree that in the event the agency of the Lessee or
that body responsible for the appropriations of said funds, in its sole discretion,
determines, in view of its total local office operations that available funding for the
payment of rents are insufficient to continue the operation of its local offices on the
premise leased herein, it may choose to terminate the lease agreement set forth herein
by giving Lessor written notice of said termination, and the lease agreement shall
terminate immediately without any further liability to Lessee.
14. All premises, including fixtures and appurtenances, provided under this
lease shall function before, during and after the date change at January 1, 2000 at the
same level for which the premises were originally leased without additional cost to the
Lessee. This includes, but is not limited to, the functioning of mechanical or electrical
systems, heating, ventilating and air conditioning ("HVAC") systems, power supply,
water supply, fire control, security, and facility use components such as elevators,
timer automated doors, and signage.
15. All notices herein provided to be given, or which may be given by either
parry to the other, shall be deemed to have been fully given when made in writing and
deposited in the United States mail, certified and postage prepaid and addressed as
follows: To the Lessor at 132 King Street, Hillsborough, North Carolina 27278 and
the Lessee at 2020 Yonkers Road, 4227 Mail Service Center, Raleigh, North
Carolina 27699-4227. Nothing herein contained shall preclude the giving of such
notice by personal service. The address to which notices shall be mailed as aforesaid to
either party may be changed by written notice.
IN TESTIMONY WHEREOF, this lease has been executed by the parties
hereto, in duplicate originals, as of the date first above written.
STATE OF NORTH CAROLINA
B ,~ icier )
TI Director
State Property Office
LESSOR:
A
Secretary
(CORPO TE SEAL)
of Orange =~`;
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STATE OF NORTH CAROLINA
COUNTY OF AKE
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County of Johnston and State oresaid, do
a Notary Public in and for the
hereby certify that JOSEPH H.
HENDERSON, personally appeared before me this date and acknowledged the due
execution by him of the foregoing instrument as Director of State Property Office of
the Department of Administration of the State of North Carolina, for the purposes
therein expressed.
WITNESS my hand and Notarial Seal, this the f~~day of
2000.
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My Commission Expires:
N~ji >~rrimis"lion Expires May 13, ZOQI
STATE OF DZL~t/ ~~~~D~-C~i~'= ~~
COUNTY OF ~l~ir
I, ~/ .e~~ , a Notary Public in and for the County
and State aforesaid, do hereby certify that ~ ~~~q~'~-~ _,
personally came before me this day and acknowledge that he/she is Secretary to the
Board of County Commissioners of Orange County, and that by authority duly given
and as an act of Orange County, the foregoing instrument was signed by
its Chair of the Board of County Commissioners, attested
by herself as Secretary, and sealed with its Corporation seal.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal this
the day 'of
OFFICIAL SEAL
Hoary weno • Nom c.rww~.
ORANQE COUNTY
EVELYN M. CECIL
My Commission Expires
My Commission Expires
2000. .
Notary blic
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MOSESCAREY,JR.,CXA/R ORANGE COUNTY COMMIISSIONERS
STEPHEN H. HALlQOT1S, V/CE CNA/R P , O , BOX 8 ~ 8 1
MARGARET W. BROWN
ALICE M. GORDON 2OO S. CAMERON STREET
BARRYJACOBS
HILLSBOROUGH. N.C. 27278
MEMORANDUM
T0:
FROM: Bev r~ly A. Blythe `~
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DATE:
PAST DUE
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RE: ITEM#~{' APPROVED 'Z~ 9~
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The County Commissioners approved this item. Please send me enough
copies of the document so that I will have an original for my Permanent Agenda File.
Please obtain a!I the necessary signatures before sending this
document to me.
If for some reason this document will be delayed, please let me know when I
may expect to receive it.
Thank you for your help in maintaining a complete file of all signed
documents approved by the Board of County Commissioners.
cc: John Link
You Count In Orange County
(919) 245 2130 . FAX(919) 844-0246