Loading...
HomeMy WebLinkAboutAgenda - 05-05-2009 - 4iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 5, 2009 Action Agenda Item No. 4--' I SUBJECT: Lease Approval: Efland Rescue Building DEPARTMENT: Purchasing and Emergency PUBLIC HEARING: (Y/N) No Services ATTACHMENT(S): Lease INFORMATION CONTACT: Name, Phone Number Pam Jones (919) 245-2652 Frank Montes de Oca (919) 245-6100 PURPOSE: To consider approving a $1 per term lease for the Efland Rescue Building, Efland, NC for use by the Emergency Services Department from May 6, 2009 through May 5, 2019. BACKGROUND: The County has leased this facility since July 1985 for use by the Emergency Services as an ambulance base. As ambulance sizes increased, the garage area was unable to accommodate the vehicles and over time, the building was used primarily for supply storage. The lease was allowed to lapse under the previous Emergency Services Director who opted for different service delivery locations. However, recent studies of response times for Emergency Services personnel has prompted renewed interest in the facility by the current Emergency Services Director and a new lease has been negotiated with the Efland Rescue Unit and Efland Volunteer Fire Company, the owners of the building. Terms of the new lease are reminiscent of the 1985 lease and include the following terms and conditions: • Term of lease: May 6, 2009 through May 5, 2019, with one ten-year renewal allowed; • Lease payment: $1 for the term of the 10 year lease; and $1 for each succeeding renewal term; • The County will maintain the building to a standard appropriate for its use; • The County will maintain property and liability insurance on the building; • Either party may terminate the lease upon ninety (90) days written notice to the other party. FINANCIAL IMPACT: Lease terms call fora $1 payment to be made for the 10-year term. Funds are available within the. Emergency Services operating budget to support this and any other costs to make the building ready for use by the Emergency Services Department. 2 RECOMMENDATION(S): The Manager recommends that the Board approve a lease for the Efland Rescue Building, Efland, NC beginning May 6, 2009 through May 5, 2019 with Efland Rescue Unit and Efland Volunteer Fire Company under terms and conditions cited above; and authorize the Chair to sign on behalf of the Board. J NORTH CAROLINA ORANGE COUNTY LEASE AGREEMENT THIS LEASE made and entered into this 6th day of May, 2009, by and between Efland Rescue Unit and Efland Volunteer Fire Company, Inc., (Hereinafter "Lessor"), and, Orange County, North Carolina, a body politic and corporate and a political subdivision of the State of North Carolina (Hereinafter "Lessee") W ITN E S S E T H That subject to the terms and conditions hereinafter set forth, Lessor does hereby lease unto Lessee and Lessee does hereby accept as Lessee of Lessor the premises known as the Effand Rescue Unit Building in Efland, North Carolina and more particularly described in Exhibit A attached hereto and incorporated herein by reference. The terms and conditions referred to above are as follows: 1. TERM. This Lease shall begin as of May 6, 2009 and, unless sooner terminated as herein provided, shall exist and continue for a term of ten (10) years. The Parties shall have the option to renew this lease for one additional ten (10) year period following the expiration of the initial term upon the mutual written agreement of both Lessor and Lessee. 2. RENT. The rent to be paid by Lessee for the Leased Property shall be $1.00 for the ten-year term and each renewal thereafter. 3. CONDITION OF THE PREMISES. Lessee agrees to accept the Leased Property in its present condition and will surrender the premises in as good order and condition as at the beginning of the lease, reasonable wear and tear excepted. 4. USE. It is acknowledged and agreed that Lessee desires and intends to use the Leased Property in support of Emergency Services operations, including, but not limited to a base station for emergency medical personnel. The Lessee covenants i and agrees that no intentional unlawful acts or offensive use of the property will be allowed. 5. REPAIRS. Lessee agrees to maintain the building in like or better condition as the building appeared at the commencement of the Lease. Lessor acknowledges and agrees Lessee may remodel or renovate the premises and make any improvements desired as long as they maintain the usability of the building as a rescue unit. Lessor shall be noticed in writing of all repairs, renovations or improvements Lessee desires to make. Lessor shall provide timely response to the request and shall not unreasonably withhold permission. 6. UTILITIES AND OTHER SERVICES. Lessor shall pay or cause to be paid all charges for public or private utility services, including water, and sewer in connection with the Leased Property or any part thereof, if any. 7. TAXES AND ASSESSMENTS. During the term of this Lease, Lessor shall pay all taxes upon the land covered by this Lease, if any. During the term of this Lease, Lessor shall pay all assessments upon the land covered by this Lease, if any. 8. DEFAULT. Lessee hereby covenants and agrees that if a default shall be made in the payment of rent or if the Lessee shall violate any of the covenants of this Lease, then Lessor shall send the Lessee written notice of the default or violation. If the Lessee fails to cure the default or violation within 30 days after the written notice, Lessor may declare this Lease terminated and cancelled and take possession of the Leased Property without prejudice to any other legal remedy they may have on account of such default. 9. INSURANCE. Lessee shall maintain a property and liability insurance policy that covers the Leased Property at all times during the lease term. Lessor shall be named as an additional insured to the applicable insurance policy. Should the leased premises be totally destroyed by fire, tornado or other catastrophic event so as to render the structure uninhabitable, the lease shall terminate. 10. SEVERABILITY. If any term of this Lease or any application thereof shall be invalid or unenforceable, the remainder of this Lease and any other application of such term shall not be affected thereby. z 5 11. MODIFICATION. This Lease may be changed, waived, discharged or terminated only by an instrument in writing signed by the party against which enforcement of such change, waiver, discharge or termination is sought. 12. MERGER. This Lease contains the entire agreement between the parties hereto and neither party is bound by any representations or agreements of any kind except as herein contained. All negotiations and oral agreements acceptable to both parties are included herein. IN TESTIMONY WHEREOF, Lessor and Lessee have executed this Lease in duplicate originals, one of which is retained by each of the parties. LESSOR: Efland Rescue Unit and Efland Volunteer Fire Company By: Benny Cecil By: Buster Crabtree By: Jerry Wilder LESSEE: Orange County, North Carolina By: Valerie Foushee, Chair Orange County Board of Commissioners "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." DATE: Gary Humphreys Orange County Financial Services Director 3 ~P EXHIBIT A Leased Property Description Beginning at Curtis W. Brown's Southeast corner in the public road on South side of Southern Railway in Efland, NC; thence along said public road 106 feet to a corner in the public road, this being John Efland, Jr. Northeast corner; thence West along John Efland, Jr. line 200 feet to a stake, thence North 106 feet to a stake Efland and Brown's corner; thence East along Brown's line 200 feet to the BEGINNING CORNER, containing one-half acre more or less. The corner stakes for the corners in the road are set back 10 fee in the line from the corner in the public road. 4 NORTH CAROLINA ORANGE COUNTY LEASE AGREEMENT ~~~a -~ -- F row flat K~~PP THIS LEASE made and entered into this 5th day of May, 2009, by and between Efland Rescue Unit and Efland Volunteer Fire Company, Inc., (Hereinafter "Lessor"), and, Orange County, North Carolina, a body politic and corporate and a political subdivision of the State of North Carolina (Hereinafter "Lessee"). W I T N E S S E T H That subject to the terms and conditions hereinafter set forth, Lessor does hereby lease unto Lessee and Lessee does hereby accept as Lessee of Lessor the premises known as the Efland Rescue Unit Building in Efland, North Carolina and more particularly described in Exhibit A attached hereto and incorporated herein by reference. The terms and conditions referred to above are as follows: 1. TERM. This Lease shall begin as of May 5, 2009 and, unless sooner terminated as herein provided, shall exist and continue for a term of ten (10) years. The Parties shall have the option to renew this lease for one additional ten (10) year period following the expiration of the initial term upon the mutual written agreement of both Lessor and Lessee. 2. RENT. The rent to be paid by Lessee for the Leased Property shall be $1.00 for the ten-year term and each renewal thereafter. 3. CONDITION OF THE PREMISES. Lessee agrees to accept the Leased Property in its present condition and will surrender the premises in as good order and condition as at the beginning of the lease, reasonable wear and tear excepted. 4. USE. It is acknowledged and agreed that Lessee desires and intends to use the Leased Property in support of Emergency Services operations, including, but not limited to a base station for emergency medical personnel. The Lessee covenants and agrees that no intentional unlawful acts or offensive use of the property will be allowed. 5. REPAIRS. Lessee agrees to maintain the building in like or better condition as the building appeared at the commencement of the Lease. Lessor acknowledges and agrees Lessee may remodel or renovate the premises and make any improvements desired as long as they maintain the usability of the building as a rescue unit. Lessor shall be noticed in writing of all repairs, renovations or improvements Lessee desires to make. Lessor shall provide timely response to the request and shall not unreasonably withhold permission. 6. UTILITIES AND OTHER SERVICES. Lessor shall pay or cause to be paid all charges for public or private utility services, including water, and sewer in connection with the Leased Property or any part thereof, if any. 7. TAXES AND ASSESSMENTS. During the term of this Lease, Lessor shall pay all taxes upon the land covered by this Lease, if any. During the term of this Lease, Lessor shall pay all assessments upon the land covered by this Lease, if any. 8. DEFAULT. Lessee hereby covenants and agrees that if a default shall be made in the payment of rent or if the Lessee shall violate any of the covenants of this Lease, then Lessor shall send the Lessee written notice of the default or violation. If the Lessee fails to cure the default or violation within 30 days after the written notice, Lessor may declare this Lease terminated and cancelled and take possession of the Leased Property without prejudice to any other legal remedy they may have on account of such default. 9. INSURANCE. Lessee shall maintain a property and liability insurance policy that covers the Leased Property at all times during the lease term. Lessor shall be named as an additional insured to the applicable insurance policy. Should the leased premises be totally destroyed by fire, tornado or other catastrophic event so as to render the structure uninhabitable, the lease shall terminate. 10. SEVERABILITY. If any term of this Lease or any application thereof shall be invalid or unenforceable, the remainder of this Lease and any other application of such term shall not be affected thereby. 2 11. MODIFICATION. This Lease may be changed, waived, discharged or terminated only by an instrument in writing signed by the party against which enforcement of such change, waiver, discharge or termination is sought. 12. MERGER. This Lease contains the entire agreement between the parties hereto and neither party is bound by any representations or agreements of any kind except as herein contained. All negotiations and oral agreements acceptable to both parties are included herein. IN TESTIMONY WHEREOF, Lessor and Lessee have executed this Lease in duplicate originals, one of which is retained by each of the parties. LESSOR: Efland Rescue Unit and Efland Volunteer Fire Company By: Benny CSI - ` B ~ ~ -® Y uster Crabtree /~ J~t'ry Wilder ~~ LESSEE: Orange County,-North Carolina By: ~, Valerie Foushee, Cha Orange County Board of Commissioners "This instrument has been pre-audited in the manner required by the Local Government Budget an 'cal Control Act." { DATE: Gary H hre Orange County financial Services Director 3 EXHIBIT A Leased Property Description Beginning at Curtis W. Brown's Southeast corner in the public road on South side of Southern Railway in Efland, NC; thence along said public road 106 feet to a corner in the public road, this being John Efland, Jr. Northeast corner; thence West along John Efland, Jr. line 200 feet to a stake, thence North 106 feet to a stake Efland and Brown's corner; thence East along Brown's line 200 feet to the BEGINNING CORNER, containing one-half acre more or less. The corner stakes for the corners in the road are set back 10 feet in the line from the corner in the public road. 4 ~ . Pleas thl o -Clerk to the Board's office for PAF _ ORANGE COUNTY .BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 5, 2009 Action Agenda Item No. ~- ~ ._~ SUBJECT: Lease Approval: Efland Rescue Buildin DEPARTMENT: Purchasing and Emergency PUBLIC HEARING: (Y/N) No Services ATTACHMENT(S): Lease INFORMATION CONTACT: Name, Phone Number Pam Jones (919) 245-2652 Frank Montes de Oca (919) 245-6100 PURPOSE: To consider approving a $1 per term lease for the Efland Rescue Building, Efland, NC for use by the Emergency Services Department from May 6, 2009 through May 5, 2019. BACKGROUND: The County has leased this facility since July 1985 for use by the Emergency Services as an ambulance base. As ambulance sizes increased, the garage area was unable to accommodate the vehicles and over time, the building was used primarily for supply storage. The lease was allowed to lapse under the previous Emergency Services Director who opted for different service delivery locations. However, recent studies of response times for Emergency Services personnel has prompted renewed interest in the facility by the current Emergency Services Director and a new lease has been negotiated with the Efland Rescue Unit and Efland Volunteer Fire Company, the owners of the building. ' Terms of the new lease are reminiscent of the 1985 lease and include the following terms and conditions: • Term of lease: May 6, 2009 through May 5, 2019, with. one ten-year renewal allowed; • Lease payment: $1 for the term of the 10 year lease; and $1 for each succeeding renewal term; • The County will maintain the building to a standard appropriate for its use; • The County will maintain property and liability insurance on the building; • Either party may terminate the lease upon ninety (90) days written notice to the other party. FINANCIAL IMPACT: Lease terms call fora $1 payment to be made for the 10-year term. Funds are available within the, Emergency Services operating budget to support this and any other costs to make the building ready for use by the Emergency Services Department.