HomeMy WebLinkAboutAgenda - 06-16-2009 - 4jORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM ABSTRACT
Meeting Date: June 16, 2009
Action Agenda
Item No. L~ -'~
SUBJECT: Lease Arrangements for 6823 Millhouse Road -~~
DEPARTMENTS: ERCD, Purchasing PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1) Draft Rental Contract Dave Stancil 245-2590
2) curtilage Map Pam Jones 245-2652
3) Photos of House and Outbuildings
PURPOSE: To authorize staff to solicit proposals for lease of the house at 6823 Millhouse Road
(part of the future Millhouse Road Park) for interim residential purposes.
BACKGROUND: In late 2004 Orange County, through the Lands Legacy Program, purchased
69 acres from Mrs. Julia Blackwood for use as the future Millhouse Road Park. At that time the
site was envisioned as a combination active and low-impact park facility with the potential for
multiple soccer fields or a soccer complex in the former farm fields and trails in the wooded
western portion of the site that adjoins Duke Forest. The former Blackwood farm property
retains a 1940's brick house, athree-bay concrete block garage/workshop and a number of
smaller frame outbuildings. The property is currently land-banked for a future park site. County
staff manages the area around the building complex (also known as the "curtilage") -raking,
mowing grass and tending to the substantial grape arbor -and monitors the open farmland and
wooded portions of the property. A master plan for the park has not been undertaken to date
but would be pursued in upcoming years with actual park development programmed to occur
between 2014-2016 in the CIP (pending future funding availability).
ERCD staff has been working with the County Attorney and the Purchasing Director to prepare
an agreement to allow the County to lease the property for residential use. This would provide a
regular on-site presence and generate revenue from this habitable dwelling. The Inspections
Division has inspected the property to identify any code issues associated with renting the
house. Funds are identified in the FY 2009-2010 Capital Investment Budget to address repair
needs to the house and outbuildings.
While ERCD staff will continue to manage the grounds (and curtilage, subject to the lease), and
Parks and Recreation staff will continue to mow the curtilage area, renting the house would
allow the County to gain some income from the property while helping to deter trespassers and
potential vandals.
Staff is currently researching comparable properties to determine an appropriate lease price for
the house and property. The property will be advertised through public media and candidates
2
will be evaluated through an application process. The expected term of the lease would be 12
months which may be renewable upon the County's interests. The selected tenant will be
expected to maintain the house in good repair, attend to yard work, and other related upkeep.
FINANCIAL IMPACT: Funds have been identified in the FY 2009-2010 CIP to make repairs to
the house and surrounding outbuildings that may be needed prior to renting the property. Funds
may also be required to advertise the rental listing. Once occupied the rental arrangement will
provide revenue to the County that could be used to offset the cost of maintaining the property
or for other purposes as determined by the Board. The lease agreement will be negotiated by
the Purchasing Director, in consultation with the ERCD Director.
RECOMMENDATION(S): The Manager recommends the Board authorize staffs from
Purchasing and Central Services and ERCD to make arrangements to lease the house and
curtilage at 6823 Millhouse Road. The actual lease agreement would be brought back for Board
approval after the summer break.
3
LAW OFFICES ,
COLEMAN, GLEDHILL, HARGRAVE & PEEK
A PROFESSIONAL CORPORATION
l29 E. TRYON STREET
P. O. DRAWER 1529
HIUSBOROU(,H, NORTH CAROLINA 27278
919-732-2196
FAX 919-?3Z-7997 ~ FROM THE DESK OF
""~"'~gi'p'~'"'CO"' March 12 2 0 0 9 GEOFFREY E GLEIIHILL
E-MAIL: ~t~at~ul~I,~-I~~.~
Mr. David Stancil, AICP
Director
Orange County Environment and
Resource Conservation Department
Ms. Pam Jones
Director
Orange County Purchasing & Central
Services
Post Office Box 8181
Hillsborough, North Carolina 27278
RE: Rental Contxact - Residential
Dear Dave and Pam:
Enclosed is a lease agreement that can be used for the
lease by the County of any houses it may own which are located
on County owned property. This agreement is comprehensive and
has flexibility built into it. It should work for all County
applications. In all cases, the "tenant" should include all
adult persons who will reside at the Premises. We will need to
talk, on a lease by lease basis, about the notice required for
termination of the tenancy. The law requires a different number
of days notice depending on the term of the lease. Paragraph 14
of the agreement speaks to a Rental~Application. I'recommend
there be a Rental Application on"file for each County owned
property leased for residential purposes and that no lease exist
iaithout an application by the tenant on file. I also recommend
lead-based paint disclosures and move-in inspection forms be
properly maintained for all residential tenancies.
I have included two copies of page one, one with the
"PREMISES" line completed for the Blackwood property which also
4
David Stancil
Pam Jones
Page 2
March 12, 2009
has a sample Exhibit A. You will need to create the tenancy
boundary manually on the Exhibit. The other page one is blank. Z
recommend that whenever this agreement is used it include such
ari exhibit to clearly delineate the leased premises which, in
most if not all cases, will be different than County owned
property boundaries.
Very truly yours,
COLEN~N, GLEDHILL, HARGRAVE & PEEK, P.. C.
GEG/lsg
-Enclosure
Gledhill
F:\Lisa\letters\Aave Stancil aad Pam Janes ltr re Residential Rental Contract.doc
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RENTAL CONTRACT
RESIDENTIAL
RESIDENT: ("Tenant")
OWNER: Orange County, North Carolina, a body politic and corporate, a political subdivision of the State of
North Carolina ("Landlord")
PREMISES: City: County. Orange State of North Carolina
D Street Address: house located at 6823 Hillhouse Road as illustrated on Extu'bit A attached hereto
D Apartment Complex:
D Other Description (Room, portion of above address, etc.):
INITIAL TERM: Beginning Date of Lease: Ending Date of Lease:
RENT: $ PAYMENT PERIOD: iJ monthly D weekly d yearly D other.
LATE PAYMENT FEE: $ OR % of rental payment, whichever is greater (State law
provides that the late fed may not exceed $15.00 or five percenl(S%) of the rental payment, whichever is greater.)
SECURITY DEPOSIT: $
LOCATION OF DEPOSIT: (insert name of bank):
BANK ADDRESS: -
to be deposited with Landlord
RETURNED CHECK FEE: $ (The maximum processing fee allowed under State law is
$25.00.) •
SUMMARY EJECTMENT' ADMINISTRATIVE FEE (see paragraph 16): $ .
PETS: D PETS NOT ALLOWED D PETS ALLOWED
TYPE OF PET PERMIT'T`ED (ifpets allowed):
PERNIITTED OCCUPANTS {in addition to Tenant};
NONREFUNDABLE PET FEE (if pets allowed}:
Ifs CONSIDERATION of the promises contained in this Agreement, Landlord hereby agrees to lease the
Premises to Tenant on the following terms and conditions:
1: Termination and Renewal: EITHER LANDLORD OR. TENANT MAY TERMINATE THE
TENANCY AT THE EXPIRATION OF THE INITIAL TERM BY GIVING WRITTEN NOTICE TO THE
OTHER AT LEAST DAYS PRIOR TO THE EXPIRATION DATE OF THE INITIAL TERM. IN
THE EVENT SUCH WRITTEN NOTICE IS NOT- GIVEN OR IF THE TENANT HOLDS OVER BEYOND THE
INITIAL TERM, THE TENANCY SHALL AUTOMATICALLY BECOME A (PERIOD) TO
(PERIOD} TENANCY UPON THE SAME TERMS AND CONDITIONS CONTAINED HEREIN AND ZviAY
THEREAFTER BE TERMINATED BY ETT'HEft LANDLORD OR TENANT GIVING THE OTHER - '
DAYS WRITTEN NOTICE PRIOR TO THE LAST DAY OF TAE THEN CURRENT PERIOD OF THE
TENANCY. •
2. Rent: Tenant shall pay the Rent, without notice, demand or deduction, to Landlord or as Landlord
directs. The frst Rent payment, which shall be prorated if the Initial Term commences on.a day other than the first
day of the Payment Period, shall be-due on (date). Thereafter, all rentals shall
be paid in advance on or before the FIRST day of each subsequent Payment Period for the duration of the tenancy.
3. Late Payment Fees 9nd Returned Check Fees: Tenant shall pay t(ae Late Payment Fee if any rental
payment is not received by midnight on the fifth (5'~ day after it is due. This late payment fee shall be due
immediately without demand therefore and shall be added to and paid with the late rental payment. Tenant also
Page l of b
Tenant Initials
6
RENTAL CONTRACT
RESIDENTIAL
RESIDENT: ("Tenant")
OWNER: Orange County, North Caroliaa, a body politic and corporate, a political subdivision of the State of
North Carolina ("Landlord"}
PREMISES: City: County: Orange State of North Carolina
[J Street Address:
0 Apartment Complex: Apartment No.
O Other Description (Room, portion of above address, etc.):
INITIAL TERM: Beginning Date of Lease: Ending Date of Lease:
RENT': $ PAYMENT PERIOD: 0 monthly 0 weekly p yearly 17 other.
LATE PA~'MENT FEE: $ OR % of rental payment, whichever is greater (State law
provides that the late fee may not exceed $15.00 or five percent (S%) of the rental payment, whichever is greater.}
SECURITY DEPOSIT: $ to be deposited with Landlord
LOCATION OF DEPOSIT: (insert name of bank):
BANK ADDRESS:
RETURNED CHECK FEE: $ (The maximum processing fee allowed under State law is
$25.00.)
SUMMARY EJECTMENT ADMII~iISTRATIVE FEE (see paragraph 16}: $
PETS: Q PETS NOT ALLOWED O PETS ALLOWED NOZ;IREFUNDABLE PET FEE (if pets allowed):
TYPE OF PET PERMITTED (if pets allowed):
PER:IvIl"ITE:D OCCUPANTS (in addition to Tenant):
IN CONSIDERATION of the promises contained in this Agreement, Landlord hereby agrees to lease the
Premises to Tenant on the following terms and conditions:
1. Terrrtination and Renewal: EITHER LANDLORD OR TENANT .MAY TERMINATE THE
TENANCY AT THE EXPIRATION OF THE INITIAL TERM BY GIVING WRITTEN NOTICE TO THE
OTHER AT LEAST DAYS PRIOR TO THE EXPIRATION DATE OF THE INITIAL TERM. IN
THE EVENT SUCH WRITTEN NOTICE IS NOT GIVEN OR IF THE TENANT HOLDS OVER BEYOND THE
INITIAL TERM, THE TENANCY SHALL AUTOMATICALLY BECOME A {PERIOD} TO
(PERIOD) TENANCY UPON THE SAME TERMS AND CONDITIONS CONTAINED HEREIN AND MAY
TT-~EREAFI~R BE TERMINATED BY EITHER LANDLORD OR TENANT GIVING THE OTHER
DAYS WRITTEN NOTICE PRIOR TO THE LAST DAY OF THE THEN CURRENT 'PERIOD OF THE
TENANCY.
2. Rent: Tenant shall pay the Rent, without notice, demand or deduction, to Landlord or as Landlord
directs. The first Rent gayment, which shall be prorated if the Initial Term commences on a day other than the first .
.... ...:..... ..... ..day of the Payment.~erictd,, shall be due on ,date). Thereafter, all rentals shall ,
be paid in advance on or before the FIItST day of each subsequent Payrr}ent Period for the duration of the tenancy. ~~~~
3. Late Payment Fees and Returned Check Fees: Tenant shall pay the Late Payment Fee if any rental
payment is not received by midnight on the fifth (5"') day after it is due. This late payment fee shall be due
immediately without demand therefore and shall be added to and paid with the late rental payment. Tenant also
agrees to pay the Returned Check Fee for each check of Tenant that is returned by the financial institution because
of insufficient funds or because the Tenant did not have an account at the financial institution.
Page 1 of 6
Tenant Initials
7
agrees to pay the Returned Check F. ee for each check of Tenant that is returned by the financial institution because
of insufficient funds or because the Tenant did not have an account at the financial institution.
4. Tenant Security Deposit: The Security Deposit shall be administered in accordance with the North
Carolina Tenant Security Deposit Act (N.C.G.S. § 42-50 et. seq.). IT MAY, IN THE DISCRETION OF THE
LANDLORD, BE DEPOSITED IN AN INTEREST-BEARING ACCOUNT WITH THE BANK OR SAVINGS
INSTITUTION NAMED ABOVE. ANY INTEREST ~ UPON THE TENANT SECLJRITX DEPOSIT
SHALL ACCRUE FOR THE BENEFIT OF, AND SHALL BE PAID TO, THE LANDLORD, OR' AS THE
LANDLORD DIRECTS. SUCH IlV`TEREST, IF ANY, MAY BE WITHDRAWN BY LANDLORD FROM SUCH
ACCOUNT AS IT ACCRUES AS OFTEN AS LS PERMITTED BY THE TERMS OF THE ACCOUNT.
Upon any termination of the tenancy herein created, the Landlord may deduct from the Tenant Security
Deposit amounts sufficient to pay: (1) any damages sustained by the Landlord as a result of the Tenant's
nonpayment of rent or nonfulfillment of the Initial Term or any renewal periods, including the Tenants failure to
enter into possession; (2) any damages to the Premises for which the Tenant is responsible; (3) any unpaid bills
which become a Lien against the Premises due to the Tenant's occupancy; (4) any costs of re-renting the Premises
after a breach of this lease by the Tenant; {5) any court costs incurred by the Landlord in connection with
terminating the tenancy; and (6) any other damages of the Landlord which may then be a permitted use of the
Tenant Security Deposit under the laws of this State. No fees may be deducted from the Tenant Security Deposit
until the termination of the tenancy. After having deducted. the above amounts, the Landlord shall, if the Tenant's
address is known to him, refund to the Tenant, within thirty (30) days after the termination of the tenancy and
delivery of possession, the balance of the Tenant Security Deposit along with an itemized statement of any
deductions. If there is more than one person listed above as Tenant, Landlord may pay said balance to any such
person, and the other person(s) agree to hold Landlord harmless for such action. If the Tenant's address is unknown
to the Landlord, the Landlord may deduct the above amounts and shall then hold the balance of the Tenant Security
Deposit for the Tenant's collection for asix-month period beginning upon the termination of the tenancy and
delivery of possession by the Tenant. If the Tenant fails to make demand for the balance of the Tenant Security
Deposit within the six-month period, the Landlord shall not thereafter be liable to the Tenant fora refund of the
Tenant Security Deposit or anq part thereof.
5. Tenant's Obligations: Unless otherwise agreed upon, the Tenant shall:
(a) use the Fremises for residential purposes only and in a manner so as not to disturb the other tenants;
(b) not use the Premises for any unlawful or immoral purposes or occupy them i4 such a way as to
constitute a~ nuisance;
(c) keep the Premises, including but not limited to all plumbing fixtures, facilities and appliances, in a
clean and safe condition;
(d) comply with any and all obligations imposed upon tenants by applicable building and housing codes;
{e) dispose pf all ashes, rubbish, garbage, and other waste in a clean and safe manner and comply with all
applicable ordinances concerning garbage collection, waste and other refuse; ,
(f) use in a proper and reasonable manner all electrical; plumbing, sanitary, heating, ventilating, air
conditioning, and other facitties and appliances, if any, famished as a part of the Premises;
(g) not deliberately or negligently destroy, deface, damage or remove any part of the Premises (including
all facilities, appliances and fixtures} or permit any person, known or unlaiown to the Tenant, to do so;
(h) pay the costs of all utility services to the Premises which are billed directly to the Tenant and not
included as a part of the rentals, including, but not limited to, water, electric, telephone, and gas services;
{i) conduct himself and require atl other persons on the Premises with his consent to conduct themselves in
a reasonable manner and so as not to disturb other tenants' peaceful enjoyment of the Premises; and
(j) not abandon or vaca#e the Premises during the Initial Term or any renewals or extensions thereof.
Tenant shall be deemed m have abandoned or vacated the Premises if Tenant removes substantially all of his
possessions from the Premises.
~1c}
- 6. Landioid's Obligations: Unless otherwise agreed upon, the Landlord shad: -~ ~ ~~
{a) comply with the applicable building and housing codes to the extent required by such building and
housing codes;
(b) make a1I repairs to the Premises as may be necessary to keep the Premises in a fit and habitable
condition; provided, however, in accordance with paragraph 10, the Tenant shall be liable to the Landlord for any -
repairs necessitated by the Tenant's intentional or negligent misuse of the Premises;
Page 2 of 6
Tenant Initials
8
~~ ~ (c) prantptly repair all facilities and appliances, if any, as may be famished by the Landlord as part of the
Premises, including electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems, provided that
the Landlord, except in emergency situations, actually receives notification from the Tenant in writing of the needed
. repairs. .
7. Smoke Detectors: Pursuant to North Carolina General Statutes § 42-42 and 42-43, the Landlord shall
provide and install operable smoke detectors, either battery-operated or electrical, having an Underwriters'
Laboratories, Inc., listing or other equivalent national testing laboratory approval. The 'T'enant shall notify the
Landlord, in writing, of the need for replacement of or repairs to a smoke detector: The Landlord shall replace or
repair the smoke detectors within 15 days of receipt of notification if the Landlord is notified of needed replacement
ar repairs in writing by the Tenant The Landlord shall ensure that a smoke detector is operable and in good repair at
the Beginning of the Initial Term of the Tenancy. The Landlord shall place new batteries iri any battery-operated
smoke detectors at the beginning of the Initial Term of the tenancy; the Tenant shall replace the batteries as
needed during the tenancy.
8. Rules and Regulations: The Tenant, his family, servants, guests and agents shall comply with and
abide by all the Landlord's existing rules and regulations and such future reasonable rules and regulations as the
Landlord may, at Land[ord's discretion, from time to time, adopt governing the use and occupancy of the Premises
(the "Rules and Regulations"). Landlord reserves the right to make changes to the existing Rules and Regulations
and to adopt additional reasonable rules and regulations from time to time; provided however, such changes and
additions shall not alter the essential terms of this lease or any substantive rights granted hereunder and shall not
become effective until thirty (30) days' written notice thereof shall have bees furnished to Tenant. Tenant also
agrees to abide by any applicable homeowners' association regulations as they now exist or may be amended. A
copy of the existing Rule$ and Regulations, and any applicable homeowners' association regulations, are attached
hereto and the Tenant acknowledges that he has read them, The Rules and Regulations shall be deemed to be a part
of this lease giving to the Landlord all the rights and remedies herein provided.
9. Right of Entry: Landlord hereby reserves the right to enter the Premises during reasonable hours £or
the purpose of (1) inspecting the Premises and the Tenant's compliance with the terms of this lease; (2) making such
. repairs, alterations, improvements or additions thereto as file Landlord may deem appropriate; and (3) showing the
Premises to prospective purchasers or tenants. Landlord shall also have the right to display "For Sale" or "For Rent."
signs in a reasonable manner upon the Premises.
10. Damages: Tenant shall be responsible for and liable to the Landlord for all damage to, defacement of,
or removal of property from the Premises whatever the cause, except such damage, defacement or removal caused
by ordinary wear and tear, acts of the Landlord, his agent, or of third parties not invitees of the Tenant, and natural
forces. Tenant agrees to pay Landlord for the cost of repairing any damage for which Tenant is responsible upon
receipt of Landlord's demand thereforet and to pay the Rent during the period the Premises ma.y not be habitable as
a result of any such damage.
11. Pets: If pets are not allowed, Tenant agrees not to keep or allow anywhere on or about the Property
any animals or pets of any kind, including but not limited to, dogs, cats, birds, rodents, reptiles or marine animals. If
pets are allowed, Tenant acknowledges that the amount of the Pet Fee is reasonable and agrees that the Landlord
shall not be required. to refund the Pet Fee in whole or in part.' Ff pets are allowed, Tenant agrees to reimburse
Landlord for any primary or secondary damages caused thereby whether tht; damage is to the Premises or to any
property owned by Landlord that is adjacent to the Premises, and to indemnify Landlord from any liability to third
parties which may result from Tenant's keeping of such pet or pets.
The Tenant shall remove any pet previously permitted within hours of written notification from
the Landlord that the pet, in the Landlord's sole judgment, creates a nuisance or disturbance or is, in the Landlord's
opinion, undesirable. If the pet is caused to be removed pursuant to this paragraph, the Landlord shall not be
required to refund the Pet Fee; however, the 't'enant shall be entitled to acquire and keep another pet of the type
previously authorized.
12. Alterations: The Tenant shall not paint, mark, drive nails or screws into, or otherwise deface or alter
walls, ceilings, floors, windows, cabinets, woodwork, stone, ironwork or any other part of the Premises or decorate
_ .,_ :, ~ the Premises or make any alterations, additions, or improvements,in or to the Premises without tide I..andlord's~iior
written cotiserif~ana then only in a workmanlike mariner using inateriaLs.and contractors approved by the Landlord.
All such work shall be done at the Tenant's expense and at such times and in such manner as the Landlord may
approve. All alterations, additions, and improvements upon the Premises, made by either the Landlord or Tenant,
shall become the property of the Landlord and shall remain upon and become a part of the Premises at the end of the
.tenancy hereby created.
Page 3 of 6
Tenant initials
9
13. Occupants: The Tenant shall not allow or permit the:•Premises to be occupied or used as a residence
- by any person other than Tenant and the Permitted Occupants. -
l4. Renta! Application: In the event the Tenant has submitted a Rental Application in connection with
this lease, Tenant acknowledges that the Landlord has relied upon the Applir~atian as as inducement for entering into
this Lease and Tenant warrants to Landlord that the facts stated in the Application are true to the best of Tenant's
knowledge. If any facts stated in the Rental Application prove to be untrue, the Landlord shalt have the right to
terminate the tenancy and to collect from Tenant any damages resulting therefrom.
15. Tenant's Duties Upon Termination: Upon any termination of the Tenancy created hereby, whether
by the Landlord or the Tenant and whether for bleach or otherwise, the Tenant shall: {l) pay all utility bills due for
services to the Premises for which he is responsible and have all such utility services discontinued: (2) vacate the
Premises removing therefrofn all Tenant's personal property of whatever nature; (3} properly sweep and clean the
Premises, including plumbing fixtures, refrigerators, stoves and sinks, removing therefrom all rubbish, trash,
garbage and refuse; {4) make such repairs and perform such other acts as are necessary to return the Premises, and
any appliances or fixtures furnished in connection therewith, in the same condition as when Tenant took possession
of the Premises; provided, however, Tenant shall not be responsible for ordinary weaz and tear or for repairs
required by law or by paragraph 6 above to be performed by Landlord; (5) fasten and lock .all doors and windows;
(b) return to the Landlord all keys to the Premises; and (7} notify the Landlord of the address to which the balance of
the Security Deposit may be returned. If the Tenant fails to sweep out and clean the Premises, appliances and
fixtures as herein provided, Tenant shall become liable, without notice or demand, to the Landlord for the actual
costs of cleaning (over and above ordinary wear and tear), which may be deducted from the Security Deposit as
provided in paragraph 4 above. -
16. Tenant's Default: In the event the Tenant shall fail to:
(a) pay the rentals herein. reserved as and when they shall become due hereunder; ar
(b) perform any other promise, duty or obligation herein agreed to by him or imposed upon him by law and
such faihire shall continue for a period of five {5} days from the date the Landlord provides Tenant with
written notice of such failure,
then in either of such events and as often as either of them may occur, the Landlord, in addition to all other rights
and remedies provided by Iaw, may, at its opfion and with or without notice to Tenant, either (i) terminate this Lease
or (ii) terminate the Tenant's right to possession of the Premises without terminating this lease. Regazdless of
whether Landlord terminates this lease or only terminates the Tenant's right of possession without terminating this
Lease, Landlord shall be immediately entitled to possession of the Premises and the Tenant shall peacefully surrender
possession of the Premises to Landlord immediately upon Landlord's demand. In the event Tenant shall far! or '
refuse to surrender possession of the Premises, Landlord shall, th compliance with Article 2A of Chapter 42 of the
General Statutes of North Carolina, reenter and retake possession of the Premises only through a summary ejectment
proceeding. If a summary ejectment proceeding is instituted. against Tenant, in addition to any court costs and past-
' due rent that may be awarded, Tenant shall be responsible for paying Landlord the Summary Ejectment ~ .
Administrative Fee, the amount of which shall be reasonably related to the additional expense in filing the
proceeding. In the event Landlord terminates this lease, all further rights and duties hereunder shall terminate and
Landlord shall be entitled to collect from Tenant all accrued but unpaid rents and any damages resulting from the
Tenant's breach. In the event Landlord terminates the Tenant's right of possession without terminating this lease,
Tenant shall remain liable for the full performance of all the, covenants hereof, and Landlord shall use reasonable
efforts to re-let the Premises on Tenant's behalt; Any such rentals reserved from such re-letting shall be applied fast
to the costs of re-letting the Premises and then to the rentals due hereunder. Ia fire event the reataLs from such're-
letting are insufficient to pay the rentals due hereunder is full, Tenant shall be liable to the Landlord for any
deficiency. In the event Landlord institutes a legal action against the Tenant to enforce the lease or to recover any
sums due hereu~ider, Tenaut agrees to pay Landlord reasonable attorney's fees in addition to all other damages. No
fees may be deducted from the Tenant Security Deposit until the termination of the tenancy.
17. Landlord's Default; Limitation of Remedies and Damages: Until the Tenant notifies the Landlord
in writing of as alleged default acid affords the Landlord a reasonable time within which to cure, no default by the
_ _ Landlord in the performance of any of the promises or obligations herein agreed to by him or imposed upon him by
__ , . _- ;.
-" ~~~ ~ law shall constitute a iYiateiial breach of this lease and the Tenant shall have no nght to terminate this tease fog any ' ""'
such default or suspend his performance hereunder. In any legal action instituted by the Tenant against the Landlord,
the Tenant's damages shall be limited to the difference, if any, between •the rent reserved in this lease and the
reasonable rental value of the Premises, taking into account the Landlord's breach or breaches, and in no event shall
the Tenant collect any consequential or secondary damages resulting from the breach or breaches, including but not
limited to the following items: damage or destruction bf fiuui[ure or other personal property of any kind located in
Page 4 of 6
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10
or about the Premises, moving expenses, storage expenses, alternative interim housing expenses, and expenses of
locating and procuring alternative housing.
l8. Removal, Storage and Disposition of Tenant's Personal Property: -
(a) Ten days after being placed in lawful possession by execution of a writ of possession, the Landlord
may throw away, dispose of, or sell ail items of personal property rema+n+ng on the Premises. During the IO-day -
period after being placed in lawful possession by execution of a writ of possession, the Landlord may move for
- storage purposes, but shall not throw away, dispose o~ oY sell any items of personal property remaining on the
-Premises unless otherwise provided for in Chapter 42 • of the North Carolina General Statutes. Upon the Tenant's
request prior to the expiration of the 10-day period, the Landlord shall release possession of the property to the
Tenant during regular business hours or at a time agreed upon. If the Landlord elects to sell the property at public or
private sale, the Landlord shall give written notice to the Tenant by first-class mail to •the Tenant's last known
address at least seven days prior to the day of the sale. The seven-day notice of sale may run concurrently with the
10-day period which allows the Tenant to request possession of the property. The written notice shall state the date,
time, and place of the sale, and that any surplus of proceeds from the sale, after payment of unpaid rents, damages,
storage fees, and sale costs, shall be disbursed to the Tenant, upon request, within 10 days after the sale,. and will
thereafter be delivered to the government of the county in which the rental property is located. Upon the Tenant's
request prior to the date of sale, the Landlord shall release possession of the property to the Tenant during regular
business hours or at a time agreed upon. The Landlord may apply the proceeds of the sale to the unpaid rents,
damages, storage fees, and sale costs. Any surplus from the sale shall be disbursed to the Tenant, upon request,
within 10 .days of the sale and shall thereafter be delivered to the government of the county in which the rental
property is located.
(b) If the total value of all property remaining on the Premises at the time of execution of a writ of
possession in an action for summary ejectment is less than one hundred dollars ($100.00), then the property shall be
deemed abandoned five days after the time of execution, and the Landlord may throw -away or dispose of the
property. Upon the Tenant's request prior .to the expixation of the five-day period, the Landlord shall release
possession of the property to the Tenant during regular business hours or at a time agreed upon.
19. Bankruptcy: • If any banlmxptcy or insolvency proceedings are filed by or against the Tenant or if the
Tenant makes any assignment far the benefit of creditors, the Landlord may, at his option, immediately terminate
this Tenancy, and reenter and repossess the Premises, subject to the provisions of the Banlavptcy Code (11 USC
Section 10I, et. seq.) and• the order of any court having jurisdiction thereunder.
20. Tenant's Insurance; Release and Indemnity Provisions: The Tenant shall be solely responsible for
insuring any of his personal property located or stored upon the Premises upon the risks of damage, destruction, or
loss resulting from theft, fire, storm and all other hazards and casualties. Regardless of whether the Tenant secures
- such insurance, the Landlord and his agents shall not be liable for any damage to, or destruction or toss of, any of the
Tenant's personal property located or stored upon the Premises regardless of the cause or causes of such damage,
destruction, or loss, unless such loss or destruction is attributable to. the intentional acts or willful qr wanton
negligence of the Landlord. The Tenant agrees to release and indemnify the Landlord and his agents from and
against liability far injury to the person of the Tenant or to any membeFS of his household resulting from any cause
whatsoever except only such personal injury .caused by the negligent, or intentional acts of the Landlord or his
agents.
2I. Form: The Landlord and Tenant hereby acknowledge that their agreement is evidenced by this form
contract which may contain some minor inaccuracies when applied to the particular factual setting of the parties.
The Landlord and Tenant agree that the courts shall liberally and broadly interpret this lease, ignoring minor
inconsistencies and inaccuracies, and that the courts shall apply the Lease to determine all disputes between the
parties in the manner which most effectuates their intent as expressed herein. The following rules of construction
shall apply. (1) handwritten and typed additions or alterations shall control over the preprinted language when there
is an inconsistency between them; (2) the lease shall not be strictly, construed against either the Landlord or the
Tenant; (3) paragraph headings are used only for convenience of reference and shaII not be considered as a -
substantive part of this lease; (4) words in the singular shall include the plural and the masculine shall include the
feminine and neuter genders, as appropriate; and (5) the. invalidity of one or more provisions of this lease shall not
affect the -validity of any other provisions hereof and this Tease shall be construed and enforced as if such invalid ~'
provision(s) were not included.
22. Amendment of Laws: In the event Shat subsequent to the execution of this Lease any state statute
regulating or affecting any duty or obligation imposed upon the Landlord pursuant to this lease is enacted, amended,
or repealed, the Landlord may, at his option, elect to perform in accordance with such statute, amendment, or act of
r•epesl•in Lieu of complying with the analogous provision of this lease.
Page S. of 6
Tenant Initials
11
23. Eminenk~omain and Casualties: The Landlord shall have the option to terminate this lease i£:#he
Premises, or any part thereof, are condemned or sold in Lieu of conderrination or damaged by fre or other casualty.
24. Assignment: The Tenant shall not assign this lease or sublet the Premises in whole or part.
25. Waiver: No waiver of any breach of any obligation or promise contained herein shall be regarded as a
waiver of any future breach of the same or any other obligation or promise.
26. Other Terms and Conditions:
(a) O (Check if applicable) The Premises were built prior to 1978. (Attach Standard Form # 430 - T,
"Discloscue of Information on Lead-Based Paint and Lead-Based paint Hazards.")
(b) The following additional terms and conditions shall also be a part of this Lease:
(c) Itemise all addenda to this Cotttract and attach hereto:
27. Inspection of Premises: Within days of occupying the Premises, Tenant has the right to
inspect the Premises and complete aMove-in Inspection Form.
28. Notice: Any notices required or authorized to be given hereunder or pursuant to applicable law shall
be mailed or hand delivered to the following addresses:
Tenant: the address of the Premises
Landlord: the address to which rental payments are sent.
29. Execution; Counterparts: When Tenant signs this lease, he acknowledges he has read and agrees to
the provisions of this lease. This lease is executed in (number) counteFparts with an executed counterpart
being retained by each party.
30. '.Entire Agreement: This Agreement contains the entire agreement of the parties and here are no
representations, inducements or other provisions other than those expressed in writing. All changes, additions or
deletions hereto must be in writing and sigaed by all parties.
TENANT:
(SEAL)
(S~-)
Date:
F:\I.isa\orangceounfy\RF.SIAENTIAL RENTAL CON7'RACT.doc
LANDLORD:
(SEAL)
(SEAL}
By: ,AGENT
(SEAL}
Date:
Page 6 of 6
Tenant Initials
t
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EnvCra~ed&~~ 8 mini i
Conte ems ~ !tl5
„,_,_.,
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Lease boundary
Parcel boundary
2003 oithophoto
0 50 100 200 Feet
Orange Counly
Environment & Resource °
Conservation Department
MNJ ?!16!06
Curtilage - 6823 Millhouse Road
Legend
Julia Blackwood Pro ei
Chapel Hill Township
House (1)
,~
East Elevation (facade)
West Elevation
North Elevation
South Elevation
Page 1 of 3
14
]ulia Blackwood Pro er x
Chapel Hill Township
Outbuildings
Dairy/Wash House/Tool House (2) Smokehouse (3)
Potato House (4)
Chicken House (5)
15
Page 2 of 3
Granary (6)
Garage/workshop (8)
]ulia Blackwood Pro er y
Chapel Hill Township
Outbuilding
Open Shed/Pavilion (7)
Page 3 of 3
16