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Home My WebLink AboutS Purchasing - CHCCS Establishing a Lease Agreement & Agency Agreement for Elementary School # 10gds ~ NORTH CAROLINA • ORANGE COUNTY INTERLOCAL AGREEMENT THIS AGREEMENT ("Agreement" and "this Agreement") is made and entered into this ~~day of March 2007 by and between Orange County, North Carolina, a body politic and corporate, a political subdivision of the State of North Carolina ("the County") and the Chapel Hill Carrboro City Schools Board of Education, a county board of education organized and existing pursuant to N.C. Gen. Stat. § 115C et seq. ("the School Board"). WHEREAS, the Chapel Hill Carrboro City Public School System has need for a new elementary school and equipment; WHEREAS, it is the intent of the County to assist the School Board in obtaining this building and equipment within the constraints imposed by limited fmancial resources; WHEREAS, the County and the School Board seek to build the School Board's Elementary School #10 located in Orange County ("the Improvements"); WHEREAS, the County now owns in fee simple the site of the Improvements ("the Contract Property") and wishes to retain ownership of the Contract Property in order to enable the County to reclaim sales and use taxes paid by the various contractors and for other lawful purposes; • WHEREAS the Coun ma a ee to the transfer of the Contract Pro at some time tY Y ~ Pte' in the future; WHEREAS, the County desires to designate the School Board as its agent to carry out the construction of the Improvements and the School Board is willing to accept the appointment pursuant to the terms of this Agreement; WHEREAS, the County is authorized by law to reclaim sales and use taxes paid to the State of North Carolina, to acquire real and personal property for the use by the School Board, and to construct, equip, expand, improve, and renovate property for use by the School Board; WHEREAS, the County intends to claim the sales and use tax refunds on the Improvements, and appropriate the refunds it receives to the budget for the construction of the Improvements; WHEREAS, the School Board and the County are authorized to enter into an interlocal agreement, to enter into a lease agreement and to establish an agency agreement pursuant to N.C. Gen. Stat. §§ 153A-158.1 and 160A-460 et seq.; • -1- NOW, THEREFORE, for and in consideration of the mutual promises contained herein, • the parties agree as follows: 1. The County will lease all Contract Property to the School Board a) Demise. The County hereby leases the Contract Property to the School Board, and the School Boazd hereby leases the Contract Property from the County, in accordance with the provisions of this Agreement, to have and to hold for the Lease Term. The Lease Term commences upon the execution of this Agreement by the County and the School Board, without the need for further action by any parry. The School Boazd must prepare and record a Memorandum of Lease, substantially in the form of Exhibit C, with respect to the Contract Property promptly upon the commencement of the Lease Term. b) Termination. The Lease Term terminates with respect to the Contract Property forty (40) yeazs following the commencement date or upon the conveyance of the Contract Property to the School Board pursuant to Section 3, whichever date sooner occurs. c) Quiet Enjoyment. The County covenants that the School Boazd will during the Lease Term peaceably and quietly have and hold and enjoy the Contract Property without suit, trouble or hindrance from the County, except as expressly required or permitted by this Agreement. • The County will not interfere with the School Board's quiet use and enjoyment of the Contract Property during the Lease Term. The County will, at the School Boazd's request and the County's cost, join and cooperate fully in any legal action in which the School Board asserts its right to such possession and enjoyment, or which involves the imposition of any taxes or other governmental charges on or in connection with the Contract Property. In addition, the School Boazd may at its own expense join in any legal action affecting its possession and enjoyment of the Contract Property and will be joined (to the extent legally possible, and at the School Boazd's expense) in any action affecting its liabilities under this Agreement. d) Consideration. In partial consideration for its acquisition of rights to use the Contract Property during the Lease Term, the School Board agrees to use the Contract Property for public education in fulfillment of its obligation, shazed by the County, to provide for educational services in the County. In addition, in consideration of its rights under this Agreement, the School Board undertakes the obligations imposed on it under this Lease, including those imposed by Section 1(e). e) Care and Maintenance. The School Boazd shall have all responsibilities for the maintenance, care, security and safekeeping of the Contract Property, including (without limitation) the following: Environmental matters - to maintain the Contract Property in compliance with all federal, State and local environmental laws and regulations, and to notify the County in the • 2 event of any change in the environmental condition of the Contract Property, or the receipt of any • notice from any regulatory or administrative body concerning environmental matters related to the Contract Property. Taxes and Other Governmental Charges - to pay when due the full amount of all taxes, assessments and other governmental charges lawfully made by any governmental body during the term of this Agreement related to any Contract Property. Insurance - to acquire, carry and maintain, at its own expense, (i) broad-form extended coverage property damage insurance with respect to all Improvements in an amount equal to the estimated replacement cost of such Improvements, with such property damage insurance to include the County as a loss payee, (ii) comprehensive general liability insurance in an amount not less than $1,000,000 for personal injury or death and $1,000,000 for property damage, and (iii) workers' compensation insurance issued by a responsible carrier authorized under State law to insure the School Board against liability for compensation under applicable State law as in effect from time to time. All insurance shall be maintained with generally recognized responsible insurers and may carry reasonable deductible or risk-retention amounts. No School Board agent or employee shall have the power to adjust or settle any property damage loss greater than $50,000 with respect to the Contract Property, whether or not covered by insurance, without the County's prior written consent. The County shall not be responsible for the sufficiency or adequacy of any • required insurance and shall be fully protected in accepting payment on account of such insurance or any adjustment, compromise or settlement of any loss agreed to by the County. Compliance with Requirements - to cause any Improvements to be designed and constructed in compliance with all applicable legal requirements, including subdivision, building and zoning regulation, and to observe and comply promptly with all current and future requirements relating to the Contract Property's use or condition imposed by (i) any judicial, governmental or regulatory body having jurisdiction over the Contract Property or any portion thereof or (ii) any insurance company writing a policy covering the Contract Property or any portion thereof, whether or not any such requirement shall necessitate structural changes or improvements or interfere with the use or enjoyment of the Contract Property. The School Board shall in no event use the Contract Property or any part thereof, nor allow the same to be used, for any unlawful purpose, or suffer any act to be done or any condition to exist with respect to the Contract Property or any part thereof, nor any article to be brought thereon which may be dangerous, unless safeguarded as required by law, or which may, in law, constitute a nuisance, public or private, or which may make void or voidable any insurance then in force with respect thereto. Maintenance and Repairs - to keep the Contract Property in good order and repair (reasonable wear and tear excepted) and in good operating condition, to prevent any waste or any other occurrence whereby the value or usefulness of the Contract Property might be • , impaired, and from time to time to make all necessary or appropriate repairs, replacements and • renewals. Security - to take all reasonable steps necessary to safeguard the Contract Property, including all personal property related thereto. Utilities - to pay all charges for utility services furnished to or used on or in connection with the Contract Property. No Encumbrance, Mortgage or Pledge -not to directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien (including mechanics' and materialmen's liens), charge, encumbrance or other claim in the nature of a lien on or with respect to the Contract Property. Notice of Damage and Destruction - to notify the County promptly if (i) the Contract Property or any portion thereof is stolen or is destroyed or damaged by fire or other casualty, (ii) a material defect in the construction of any Improvements shall become apparent, or (iii) title to or the use of all or any portion of the Contract Property shall be lost by reason of a defect in title. Each notice shall describe generally the nature and extent of such damage, destruction or taking. f) Disclaimer of Warranties. THE COUNTY MAKES NO WARRANTY OR . REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABII.ITY OR FITNESS FOR A PARTICULAR PURPOSE OR FITNESS FOR A PARTICULAR USE OF THE CONTRACT PROPERTY OR ANY PART THEREOF OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTRACT PROPERTY OR ANY PART THEREOF. In no event shall the County be liable for any direct or indirect, incidental, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or use by anyone of any item, product or service provided for herein. The School Board acknowledges that the County has not designed any improvements on the Contract Property (the "Improvements"), that the County has not supplied any plans or specifications with respect thereto and that the County (a) is not a manufacturer of, nor a dealer in, any of the component parts of the Improvements or similar facilities, (b) has not made any recommendation, given any advice nor taken any other action with respect to (i) the choice of any supplier, vendor or designer of, or any other contractor with respect to, the Improvements or any component part thereof or any property or rights relating thereto, or (ii) any action taken or to be taken with respect to the Improvements or any component part thereof or any property or rights relating thereto at any stage of the construction thereof, (c) has not at any time had physical possession of the Improvements or any component part thereof or made any inspection thereof or any property or rights relating thereto, and (d) has not made any warranty or other representation, express or implied, that the Improvements or any component part thereof or any property or rights relating thereto (i) will not result in or cause injury or damage to persons or property, (ii) -4- have been or will be properly designed, or will accomplish the results which the School Boazd • intends therefor, or (iii) are safe in any manner or respect. g) Permits and Other Authorizations. The School Boazd covenants and represents to the County that the School Boazd has obtained all permits, consents, approvals or authorizations of all governmental entities and regulatory bodies required as a condition to the use of the Contract Property for public school purposes. The School Boazd further covenants and warrants to maintain through the duration of this Agreement all such permits, consents, approval or authorizations necessary to use the Contract Property for public school purposes. h) Property owned by County. Except for personal property purchased by the School Board at its own expense, title to the Contract Property and any and all additions and modifications to or replacements of any portion of the Contract Property will be held in the County's name until and unless conveyed as provided in Section 3. The School Boazd has no right, title or interest in the Contract Property or any additions and modifications to or replacements of any portion of the Contract Property during the Lease Term, except as expressly set forth in this Agreement. i) School Board's Subleasing and Assignment. (1) Except as provided in subsection (2) the School Boazd may not sublease the Contract Property, in whole or in part, enter into other agreements for the use of any part of the Contract Property or assign any of its rights or obligations • under this Agreement, without the County's prior written consent. (2) The School Boazd may enter into agreements for the use of portions of the Contract Property with state and local (but not federal) government entities, and may allow for the occasional use of portions of the Contract Property by non-government entities, in each case without the necessity of obtaining the County's prior consent. The School Boazd must make an annual report to the County of all such agreements so that the County may monitor such use to protect its rights to the Contract Property and to assure compliance with any separate covenants made by the County with respect to such Contract Property. The School Board must make this report by September 15 of each year for the School Board's then most recently-completed fiscal yeaz. j) Indemnification. To the extent permitted by law, the School Board will indemnify and save the County harmless against and from all claims, by or on behalf of any person, firm, corporation or other legal entity, arising from the operation or management of the Contract Property during the Lease Term, including any arising from: (i) any condition of the Contract Property; or (ii) any negligent act of the School Boazd or of any of its agents, contractors or employees or any violation of law by the School Boazd or breach of any covenant or warranty by the School Board under this Agreement. The School Boazd will, upon notice from the County, defend or pay the cost of defending the County in any action or proceeding brought in connection with any claims arising out of circumstances described in (i) above. 2. The School Board will carry out all Projects as the County's agent • -5- a) The County appoints the School Boazd as its agent to carry out all phases of the construction of the Improvements. The School Boazd, as the County's agent, assumes all the County's rights, duties and responsibilities regazding such matters, except as limited in this Agreement. The School Boazd will appoint no further agent to assume such rights or carry out such duties and responsibilities without the County's prior written consent. . b) The School Boazd, with the County's approval, which approval is, by this Agreement, given with respect to the construction of the Improvements, may enter into any purchase order or contract with respect to the Contract Property in the School Boazd's name. Alternatively, the County may require that any such purchase orders or contracts be entered into by the County in its own name or be entered into by the County and the School Boazd jointly. All contracts must comply with the public procurement laws and any other State laws applicable to either the School Boazd or the County, as appropriate, with regazd to entering into such contracts. The School Board must provide that contractors provide bonds and insurance coverages that comply with the requirements of North Cazolina law. Included in this obligation is the obligation to provide for the County, and any financing entity as may be required in a financing agreement, to be co-obligees, loss payees or additional insureds. c) The School Board, as the County's agent, will be responsible for carrying out the construction of the Improvements, and the School Boazd will have all rights to supervise the construction of the Improvements. The County and its representatives and agents will have the right to enter upon the Contract Property and inspect construction work from time to time during construction and after the completion of construction, and the School Board will cause any vendor, contractor or sub- contractor to cooperate with the County and its representatives and agents during such inspections. No right of inspection or approval granted in this Section will be deemed to impose upon the County any duty or obligation whatsoever to undertake any inspection or to make any approval. No inspection made or approval given by the County will be deemed to impose upon the County any duty or obligation whatsoever to identify or correct any defects in the Improvements or to notify any person with respect thereto, and no liability will be imposed upon the County, and no warranties (either express or implied) are made by the County as to the quality or fitness of any improvement, any such inspection and approval being made solely for the County's benefit. The School Boazd shall have authority to approve and enter into any change orders for any and all contracts entered into by the School Board with respect to the construction of the Improvements so long as the change order can be paid for with funds in the project budget established by the School Board and the County and so long as any such change order is value engineered using the value engineering procedures established by the School Board and the County. d) For so long as the School Boazd is not in default of any of the provisions of this Agreement, the School Boazd will have the right to enforce in its own name or in the County's • -6- name purchase orders or contracts entered in the County's name or the School Board's name for the Improvements; provided however, that if the School Board is in default of any provisions of this Agreement for a period of thirty days after being notified by the County of such default without cure, the County will have the right to assume all the School Board's responsibilities for the construction of the Improvements. In the event of such a default without cure, the School Board will assign any and all right, title and interest to any and all contracts relating to the Improvements, including but not limited to any architect agreements, any and all engineering agreements, any and all construction agreements, and any and all plans, specifications and other drawings or documents prepared or to be prepared for the Improvements. The School Board agrees to reimburse the County for any and all costs, expenses, and damages incurred by the County in the assumption of the rights and responsibilities of the School Board due to such event of default without cure, and, to the extent permitted by law, to indemnify and hold the County harmless for any and all claims for damages by others related to such event of default without cure. e) The School Board will request funds for the payment of Project Costs from the County, and will provide the County with the necessary information supporting a requisition. The County will have the right to obtain such additional evidence as it deems appropriate to determine the accuracy of the representations set forth in the form of requisition and the propriety of payment. The School Board will provide the County with such information in the School Board's possession as the County may request. The County will pay all invoices to the third parties to which money is owed. f) Notwithstanding any provision of this Agreement, the County retains the sole power to control and direct the application and distribution of proceeds of casualty insurance applicable to the Contract Property. 3. The County may convey the Contract Property to the School Board Upon the request of the School Board, the County may, in its discretion, convey the Contract Property to the School .Board. The School Board shall ,make this request by the adoption of an appropriate resolution. The School Board will deliver a certified copy of the resolution to the County. The School Board will provide the County with an appropriate form of deed for execution and delivery by the County to the School Board. The School Board will not make this request at any time during which the Contract Property is security for a loan to the County authorized by N.C. Gen. Stat. § 160A-20 or by any other law authorizing County owned property to be used for security for a loan to the County. Notwithstanding anything in this Agreement to the contrary, the School Board's rights to possession of the Contract Property under this Agreement are and will be and all of its other rights subordinate to the rights of the beneficiary of under any deed of trust on the Contract Property securing a loan to the County. Any judicial sale of, or foreclosure on the Contract Property pursuant to such a deed of trust shall terminate all the School Board's rights under this Agreement. • 7 All provisions of this Agreement relating to the lease of Contract Property shall terminate • immediately with respect to the Contract Property upon the conveyance of the Contract Property to the School Board, without the need for further action by any party. 4. Administrative and Miscellaneous Provisions a) Representations, Covenants and Warranties. The County and the School Board each represents, covenants and warrants for the other's benefit as follows: (i) Neither the execution and delivery of this Agreement, nor the fulfillment of or compliance with its terms and conditions, nor the consummation of the transactions contemplated by this Agreement, results in a breach of the terms, conditions and provisions of any agreement or instrument to which either is now a party or by which either is bound, or constitutes a default under any of the foregoing. (ii) To the knowledge of each parry, there is no litigation or other court or administrative proceeding pending or threatened against such party (or against any other person) affecting such party's rights to execute or deliver this Agreement or to comply with its obligations under this Agreement. Neither such party's execution and delivery of this Agreement, nor its compliance with its obligations under this Agreement, requires the approval of any regulatory body or any other entity the approval of which has not been obtained. b) Notices. All notices, certificates or other communications under this Agreement will be sufficiently given and will be deemed given when delivered or mailed by registered mail, postage prepaid, addressed as follows: (i) If intended for the County, to County Manager, Orange County, Attention: Notice under 2007 Interlocal Agreement for CHCCS Elementary School #10, 200 South Cameron Street, Hillsborough, North Carolina 27278 ; or (ii) If intended for the. School Board, to Superintendent, The Chapel Hill-Carrboro City Schools Board of Education, Attention: Notice under- 2007 Interlocal Agreement for CHCCS Elementary School #10, 750 S. Merritt Mill Road, Chapel Hill, NC 27516. c) Binding Effect. This Agreement will inure to the benefit of and shall be binding upon the School Board and the County, and their respective successors and assigns. d) Amendments, Changes and Modifications. This Agreement may be amended only in writing signed by both parties. e) SeverabiGty. If any provision of this Agreement, other than the requirement of the County to provide quiet enjoyment of the Contract Property, is held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision hereof. -8- f) Execution in Counterparts. This Agreement may be simultaneously executed in • several counterparts, each of which will be an original and all of which will constitute but one and the same instrument. g) Applicable Law. The parties intend that this Agreement will be governed by and construed in accordance with North Carolina law. h) School Board and County Representatives. Whenever under the provisions hereof the approval of the School Board or the County is required to take some action at the request of the other, unless otherwise provided, such approval or such request must be given (i) for the County by the County Manager, and (ii) for the School Board by its Superintendent, or (iii) in either case by anyone designated by the respective governing body to perform any act (or any specified act) under this Agreement, and in any such case the School Board and the County will be authorized to act on any such approval or request. i) Not exclusive. This Agreement is not intended as the exclusive method for the County and the School Board to cooperate with respect to the Improvements and the Contract Property. The parties may proceed with respect to such Improvements and the Contract Property in a variety of methods. These methods may include a separate but similar leasing arrangement for the Improvements and the Contract Property. j) Further Assurances; Corrective Instruments. The School Board and the County agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for carrying out the intention of this Agreement and any financing agreement providing financing for any improvement to the Contract Property. Exhibits - A Definitions B Form of memorandum of lease [The remainder of this page has been left blank intentionally.] • IN WITNESS WHEREOF, the parties hereto have caused this AD Bement to be • executed in their corporate names by their duly authorized officers, all as of the date first above written. ~ . .. . ~. _ :~ . f~ -~ t .:%} f„ 4.?~ Q l '.y ~ ~. [SEAL] ,, ~' ATTEST: ~- ~ ~:~~ ~'' ~.. L / ~/~/ ~> ~ ~I,~~ /~°/I~ 1 [Name] Clerk, Board of Commissioners ORANGE COUNTY, NORTH CAROLINA Rv. - - - ~ - [Name] Chair, Board of Commissioners [SEAL] ATTEST: [Name] Secretary CHAPEL HII.L-CARRBORO CITY SCHOOLS BOARD OF EDUCATION [N Chair, Board of Education This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal Control Act. ~~~ Finance Officer Orange County, North Carolina This instrument has been preaudited in the manner required by the School Budget and Fiscal Control Act. Finance Officer Chapel Hill-Carrboro City Schools Board of Education • - 10- STATE OF NORTH CAROLINA; ORANGE COUNTY nn ~ n y~ c I, ~U v ` ~Q/ ! " , a Notary Public of said Sta e d County, do hereby certify that ~s and ~1 Y1 {~ a ~ ~ %ZGi . personally came before me this day and acknowledged that they are the Chair and Clerk, respectively, of the Board of Commissioners of Orange County, North Carolina, and that by authority duly given and as the act of such County, the foregoing instrument was signed in the County's name by such Chair, sealed with its corporate seal and attested by such Clerk. Witness m hand and official seal this 'S~ day of , 2007. Y A jZ t2 U ~ Notary Public My commission expires: - OFFIGIAL SEAL Notary Pubib. MoM Carop~e ORANGE COUNTY M Z Z U ~ My Comrmaswn Expires STATE OF NORTH CAROLINA; ORANGE COUNTY I, ,~ ~//~ h ~, /n ~ l ~~° ~ , a Notary Public of said State and County, do hereby certify that Neil Pedersen, with whom I am personally acquainted, and who being by me duly sworn, says that he is the Secre of The Chapel Hill-Carrboro City Schools Board of Education and that ~avnect BPrl~r is the Chair of such Board of Education, the Boazd described in and which executed the foregoing instrument; that he knows the common seal of said Boazd; that the seal affixed to the_ foregoing instrument is said common seal, and the name of the Board was subscribed thereto by the said Chair, and that said Chair and Secretary subscribed their names thereto, and said common seal was affixed, all by order of the Boazd and that the said instrument is the act and deed of said Board. Witness my hand and official seal this o~ r 'day of a~G~ , 2007. Not Public Lynn t"t~l ~ ale r' My commission expires: ~~~- ~Oi a~ I o'L ' - L~/.~- - ````~~~yN1~ C ~~~~~~~i • ~• ~~~ = __ •'~= . • ~i ~ t ',yy ~~ ~~ ~~~ _,;t, ~~~i~~!,F COU~y,`~~~ ~. ~~T "~+oi+yy~iR„. ": • • Exhibit A Contract Property Description PIN: 9860-96-6793 Being all of Lot 1 as shown on the Subdivision Plat and survey entitled EXEMPT SUBDIVISION PROPERTY OF THE COUNTY OF ORANGE, dated October 31, ?006 and containing 19.035 acres, more or less, said plat and survey recorded in Plat Book 100, Page 190, Orange County Registry. -12- Exhibit B -Definitions Unless the context clearly requires otherwise, capitalized terms used in this Agreement and not otherwise defined shall have the following meanings: "Contract .Property" means all property leased by the County to the School Board pursuant to the terms of this Agreement and includes the Site, the Improvements and any and all repairs thereto and replacements thereof, and all rights, appurtenances, easements, privileges, remainders and reversions appertaining thereto. It is expressly provided, however, that mobile or modular classrooms located on the site at any time shall not be part of the Contract Property. "Improvements" means all real property and fixtures related to the Contract Property. "Lease Term" means the period of time during which the Contract Property is leased to the School Board in accordance with section 1, as determined pursuant to sections 1(a) (for the commencement of the Lease Term) and 1(b) (for the termination of the Lease Term). "Project Costs" means all costs of the Improvements, including costs of the design, planning, constructing, acquiring, installing and equipping of improvements to the Contract Property, including sums required to reimburse the County or the School Board for advances made for any such costs. "Site" means the land on which the Improvements will be located, as described in Exhibit A attached hereto and incorporated herein by reference. -13- • Exhibit C -form of memorandum of lease Return After Recording To: Geoffrey E. Gledhill, Esq. Orange County Attorney Post Office Drawer 1529 Hillsborough, NC 27278 MEMORANDUM OF LEASE STATE OF NORTH CAROLINA ) ORANGE COUNTY ) ORANGE COUNTY, NORTH CAROLINA, a political subdivision of the State of North Cazolina, as lessor, having an address of 200 South Cameron Street, Hillsborough, NC 27278, hereby leases to THE CHAPEL HILL-CARRBORO CITY SCHOOLS BOARD OF EDUCATION as lessee, having an address of 750 S. Merritt Mill Road, Chapel Hill, North Carolina 27516, for a term beginning and continuing for a maximum period ending 20_, the real property described in Exhibit A. The provisions set forth in a written agreement between the parties dated as of 2007, are hereby incorporated in this memorandum. [The remainder of this page has been left blank intentionally.] - 14- • [SEAL] ATTEST: [Name] Clerk, Board of Commissioners [SEAL] ATTEST: [Name] Secretary ORANGE COUNTY, NORTH CAROLINA By: [Name] Chair, Board of Commissioners CHAPEL HILL-CARRBORO CITY SCHOOLS BOARD OF EDUCATION By: [Name] Chair, Board of Education This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal Control Act. Finance Officer Orange County, North Carolina This instrument has been preaudited in the manner required by the School Budget and Fiscal Control Act. Finance Officer Chapel Hill-Carrboro City Schools Board of Education F:\Lisa\orengecounty\CI-tCCS New Elem l O lnterlocal agreement rev 32007 by geg clean.doc • -15- JEfFERY TATEr MARSHA RNNEN ~ 11 .,I~FFERY TALE a uu ro ar' m aY! ro !u o! !rw ra rn f 'S ROAD '~ ~ ~c iir~ .~ raw' aI ,/ ~ . .~~~ ', ~~ . \~ slew alwN{ pa J£FFtl7Y TAR: I BERRY k JOYCf ROBERSgVk {~~ M IN! ro W _ OR rN PO Iqt l--rM -}1 ' ICI rRr I !wr M ~ iY NY M M~Iwlb MM • •Vw • !M - ~~ _ _ _ - w.r .rw..w.l..w r.la:rlr~wi a.waw l~A ~ wry ..w JN s aw.b w.r .rr.Iww 4 {r.rr A..w. r _ _ _ _- eenrwrrrr/w! ...t e- W A~ .~,«1L~C_ loD1 ~ .~.~+. __ wemer{w w am„w ~~~ ~ ~i FN.EG ~~ aenaut.~rX?.raeee.~ ' 6 ~~ litl N?! ?? 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OMYMQ WMMC/ .L w. rr[ t el I{ueN!1 ~- s ~i r~r ri~mrrr* Y Nwsnr wee{ ~~OaG~ IMa IrIIN11~c se+~NaiYp4Y1/p w ~e*eaNl~ eIN{ T{~ ANA apwNS N l a ~ eaI n rc ru ~ ~ - } O[f0 OKRLAi v NOeP w ~ { _.^ aB ae c se ~ va ee vc e~ ~ ~N~wwaF - ~r/~.i' N a,N... lmlru N ~ _ s osvw p NNc lavwa mow 1 IFYYw L IT ._ - '- -- - I ~!!~ ~~~/w~w0y11/YP~' ~p~~~~ r1~i WMt11 Vr NYVr1JC ~•~_"~' uaw rrc sT e n -'- COl/NtY OF ORANGE m rra !e a. ro a ro ~ 1-'~------~==7, A'i .~1.~ PB ~/F~f'ti 1Q___~.--- rNerY ~ ~_~'- ~ Mp _ _. - _, _..- _ ^ I a y n ~ N '~ ! te{! s w s atw+er{rew COIAVTY OE ORANGE ruw NoC~~r.a+wre ? ~,~ aanaeoowT r, Nnrm~awouw al rraronl roNroeJ R2EY SUHI~YMQ P.A. ---- lseuo n{enoe Irra P.Q BOX IIN40Y ~ dgPl9. Ff.L, A[Cl781B ook /DO a~4 /Jp /~ I{~ ~~ rsus.lotaw Return After Recording To: Geoffrey E. Gledhill, Esq. Orange County Attorney Post OfEce Drawer 1529 Hillsborough, NC 27278 MEMORANDUM OF LEASE STATE OF NORTH CAROLINA ) ORANGE COUNTY ) ORANGE COUNTY, NORTH CAROLINA, a political subdivision of the State of North Carolina, as lessor, having an address of 200 South Cameron Street, Hillsborough, NC 27278, hereby leases to THE CHAPEL HILL-CARRBORO CITY SCHOOLS BOARD OF EDUCATION, as lessee, having an address of 750 S. Merritt Mill Road, Chapel Hill, North Carolina 27516, for a term beginning 3 / 2 7 / 2 0 0 7 , and continuing for a maximum period ending March 2~6 , ZO 4 7 ,the real property described in Exhibit A. _ The provisions set forth in a written agreement between the parties dated as of March 27 , 2007, are hereby incorporated in this memorandum. [The remainder of this page has been left blank inteniionally.J • [SEAL] ~ ORANGE COUNTY, ATTEST: ~' ~ NORTH CAROLINA 4 t Orj! !s=',L' ~ Y BJ• [N~e) [Name] Clerk, Board of Commissioners Chair, Board of Commissioners [SEAL] CHAPEL HILL-CARRBORO CITY SCHOOLS ATTEST: BOARD OF EDUCATION -~ By: [Name] [N Secretary . Chair, Board of Education This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal Control Act. ~~ Finance Officer North Cazolina This instrument has been preaudited in the manner required b e School ud et and Fiscal Control Act. Finance Officer Chapel Hill-Carrboro City Schools Boazd of Education F:Visabrangecounty\CHCCS New Elem 10 Intcrlocal agreement rev by geg.doc • STATE OF NORTH CAROLINA; ORAcNGE COUNTY • ~ t~0 f v • WQ/ / J a No Pu ' tary bhc of said Stag d County, do hereby certify that t7~s ~ and ~Qa J •%~,C personally came before me this day and acknowledged that they aze the Chair and Clerk, respectively, of the Boazd of Commissioners of Orange County, North Cazolina, and that by authority duly given and as the act of such County, the foregoing instrument was signed in the County's name by such Chair, sealed with its corporate seal and attested by such Clerk. Witness my hand and official seal this `~~day of , ?007. tZ ~,~ ~ ~ Notary Public My commission expires: OFFiCiAL SEAL Notary ~+btk. MaM Carakro ORANGE COUNTY MON C My Cannsston Exprces IZ STATE OF NORTH CAROL/INA; ORANGE COUNTY I, ~ V/t h Cf m t ~ l `~' T , a Notary Public of said State and County, do hereby certify that Neil Pedersen, with whom I am personally acquainted, and who being by me duly sworn, says that he is the Secre~~'' of The Chapel Hill-Carrboro Ciry Schools Board of Education and that Sa.une.~Q BPiI-~otr(is the Chair of such Board of Education, the Boazd described in and which executed the foregoing instrument; that he knows the common seal of said Board; that the seal affixed to the foregoing instnunent is said common seal, and the name of the Boazd was subscribed thereto by the said Chair, and that said Chair and Secretazy subscribed their names thereto, and said common seal was affixed, all by order of the Boazd and that the said instrument is the act and deed of said Boazd. Witness my hand and official seal this o~ ~ day of '~a~G~- , 2007. No Public ~ ynn /Yl r' ale ~ My commission expires: ~2~brita~/~i 20/2 ~~ • • 9 /~ • ~i ~ • i • • ~ ~_ • ~ ~ ~s • ~ r • •*~ I! ~ ~ • ~ • ~. _ ~,,~~ic~ C0U"~``,``~ ,~;,:r • • Exhibit A Contract Property Descriution PIN: 9860-96-6793 Being all of Lot 1 as shown on the Subdivision Plat and survey entitled EXEMPT SUBDIVISION PROPERTY OF THE COUNTY OF ORANGE, dated October 31, 2006 and containing 19.035 acres, more or less, said plat and survey recorded in Plat Book 100, Page 190, Orange County Registry. •