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HomeMy WebLinkAboutAgenda - 02-16-1999 - 8c1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. 9-d- ACTION AGENDA ITEM ABSTRACT Meeting Date: February 16, 1999 SUBJECT: Skills Development Center; Lease agreements with Partners DEPARTMENT: PURCHASING AND CENTRAL SERVICES Public Hearing: No Budget Amendment Reqd? No ATTACHMENT(S): INFORMATION CONTACT: PAM JONES, ext. 2650 Leases with: Durham Tech Telephone Number - Literacy Council Hillsborough 732 -8181 JOCCA Chapel Hill 967 -9251 Employment Security Commission Mebane 227 -2031 Durham 688 -7331 PURPOSE: To consider approving lease agreements with the partners in the Skills Development Center. BACKGROUND: The Skills Development Center effectively opened for business on January 11, 1999. The partners providing services from this facility include the Orange County Literacy Council, the Joint Orange- Chatham Community Action ( JOCCA), the Employment Security Commission, Durham Technical Community College and the Orange County Department of Social Services for its Work First program. In order to establish consistent terms of tenancy in the building, leases are established with each of the non - County department partners. The term of the initial agreement extends through June 30, 2004, unless the partner no longer provides services consistent with the operation of the SDC or if they fail to meet performance standards established by the Skills Development Center Advisory Committee. Rent amounts are established in the attached leases for all partners, but with the exception of the Literacy Council, have been cited as in -kind support of the program. With the exception of the Literacy Council, the SDC provides space for satellite operations from which the partners provide job readiness programs. However, the Literacy Council uses the SDC as their primary office location. As such, they will pay to the County a total of $600 per month in rent for use of the office space and common areas. As a point of clarification, the State of North Carolina has indicated during previous conversations that they authorize rent for only one location of the Employment Security Commission per County. Since the SDC serves as a satellite location, the State has heretofore declined the County's request to pay rent. The County will pursue rent for the space should the State's policy be interpreted with more flexibility in the future. la RECOMMENDATION: The Manager recommends that the leases be approved with Orange County Literacy Council, the Joint Orange- Chatham Community Action (JOCCA), the Employment Security Commission and Durham Technical Community College for space to be used at the Skills Development Center, 503 West Franklin Street, Chapel Hill, NC; and authorize the Chair to sign on behalf of the Board. 2 STATE OF NORTH CAROLINA COUNTY OF ORANGE LEASE AGREEMENT THIS LEASE AGREEMENT, made on the 16th day of February, 1999, by and between Orange County, North Carolina, a body politic and corporate and a political subdivision of the State of North Carolina whose mailing address is Post Office Box 8181 Hillsborough, North Carolina 27278 (hereinafter referred to as "County "), and the Durham Technical Community College, whose mailing address is 1637 Lawson Street, Durham, North Carolina 27703, (hereinafter referred to as Durham Tech.) WITNESSETH: 1. LEASED PREMISES: County hereby leases to Durham Tech and Durham Tech hereby leases from County, one office as designated on the attached floor plan (Attachment A), along with use of the common areas in a building owned by the County at 503 West Franklin Street, Chapel Hill, North Carolina. 2. USE OF PREMISES: Durham Tech shall use the premises solely as instructional space and office space for program managers offering classes at the site. Durham Tech shall not use or permit the premises to be used for any other purpose except with the prior written consent of County. The County requires that Durham Tech students observe the following standards of conduct while at the leased premises: (a) Students shall conduct themselves in an orderly manner at all times when on the leased premises, including the grounds; (b) Per County ordinance, there shall be no smoking inside of a County building. Employees and students shall observe the smoking requirements as established for the leased premises. (c) Employees of Durham Tech shall ensure to the extent they are able, that students will be considerate of surrounding businesses in their actions, including but not limited to smoking only in the areas designated for such, parking only in areas designated for Skills Development Center students and refrain from being loud or disruptive in a manner that would disrupt the day to day business operations of tenants in the adjacent buildings. 3. TERM: The term of this lease shall commence upon execution of this lease and shall terminate on June 30, 2004, unless Durham Tech no longer provides services consistent with those offered at the Skills Development Center, or is unable to meet the performance standards as set out by the Skills Development Advisory Committee, under which circumstances this lease shall be terminated with sixty (60) days notice to Durham Tech. 4. RENT: Durham Tech shall pay to the County the sum of $103,980 per annum, payable in monthly installments of 8,665, each monthly installment payable on the first day of each month during the term of this lease renewal. This rent shall be suspended in favor of in -kind contribution from the County to Durham Tech. 5. INSURANCE: Durham Tech shall at all times during the term of this lease maintain in full force a public liability insurance policy providing coverage for bodily injury, personal injury, death or property damage, with insurance company(ies) authorized to do business in North Carolina. Such policy(ies) shall include the County as a named insured, shall be written in an amount no less than $1,000,000 combined single limit; and shall contain a clause that the insurer will not cancel or change the insurance coverage without first providing thirty (30) days written notice to County. Durham Tech shall provide for personal property loss within the leased premises to the extent of their interest. No personal property that is owned by Durham Tech is insured by policies of insurance owned by the County. 6. INDEMNITY: The parties acknowledge that Durham Tech is a community college, established by the General Assembly, and as such is protected from legal action by governmental immunity. Durham Tech is not authorized by statute or otherwise to waive its governmental immunity, except that it may purchase insurance consistent with what it has agreed to do in paragraph 5 herein, and by so acting, governmental immunity is waived to the extent Durham Tech is covered by such insurance. The parties understand and acknowledge that Durham Tech is not, then, currently authorized to agree to provide indemnification for anything, to any person or entity, including Orange County, except to the extent such is accomplished by the purchase of insurance. Durham Tech does agree, however, that should the laws of the State of North Carolina be changed so as to allow it to agree to indemnify, then and under those conditions, Durham Tech will indemnify Orange County, and save it harmless form demands, suits, damages, liability and expense in connection with loss of life, personal injury or property damage arising from or out of any occurrence upon or at the leased premises during the lease period, occasioned wholly or in party by act or omission of Durham Tech, its agents, contractors, employees, invitee or licensees. It is expressly acknowledged and understood that Durham Tech will not, under any circumstances, indemnify Orange County as to any claim caused by the negligence or other wrongful conduct of the County. 7. ASSIGNMENT AND SUBLETTING: Durham Tech shall not assign or sublet the leased premises without the prior written consent of County. In all events, Durham Tech shall remain fully responsibility for and shall not be released from performing any of the terms of this lease. 8. NOTICES. For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, address to County or to Durham Tech at their respective address as set forth herein: TO COUNTY: Orange County %Director of Purchasing and Central Services Post Office Box 8181 Hillsborough, NC 27278 4 TO Durham Tech: Durham Technical Community College % Office of the President 1637 Lawson Street Durham, North Carolina 27703 9. REPAIR AND MAINTENANCE. The County shall be responsible, at its own costs for maintenance and repairs of the Premises, provided however, that County shall not be responsible for repairs occasioned by the negligent acts of Durham Tech, Durham Tech's employees, agents, contractors or business invitees, all of which shall be repaired at the sole cost and expense of the Durham Tech. 10. ALTERATIONS. Any alterations, additions, improvements or partitions permitted herein shall be made at the expense of the Durham Tech. The Durham Tech agrees that the Durham Tech will make no alterations, additions or improvements to the Premises without the advance written consent of the County, such consent not to be unreasonably withheld. All alterations, additions or improvements made by and for the Durham Tech, including but not limited to, any and all subdividing partitions, walls, special plumbing, electrical fixtures of whatever type, material or height, but excepting moveable office furniture put in at the Durham Tech's expense shall, when made, be the property of the County and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this lease. 11. UTILITIES. County shall pay for all utility costs serving the Premises. 12. SIGNS. The County shall provide interior and exterior signage generally identifying the partners offering services at the site, identifying offices within the Premises and generally directing traffic within the Premises. Any additional signage shall be at the sole expense of the Durham Tech. Prior to installation, the Durham Tech agrees to submit plans to the County for approval, which approval shall not be unreasonably withheld. All signs erected by the County shall comply with the requirements of public authorities having jurisdiction with respect thereto. 13. PARKING. It is understood and agreed that contained within the Premises is parking that is shared in common with other tenants of the Skills Development Center, as well as their students. Durham Tech acknowledges that the County has tenants in the adjacent building whose lease includes parking in common with all tenants of the Bentley Building. Durham Tech shall not park in spaces designated for Bentley Building tenants. 14. ENTIRE AGREEMENT. This lease contains the entire agreement between the parties hereto, and no promises, agreements, conditions or stipulations not contained herein shall be binding upon either party hereto. WITNESS WHEREOF, the parties have set their hands and seals on the day and year first written above. Orange County: College: Dr. Alice M. Gordon, Chair Attest: Beverly Blythe, Clerk to the Board STATE OF NORTH CAROLINA Durham Technical Community Dr. Phail Wynn,Jr, President Attest: COUNTY OF ORANGE LEASE AGREEMENT THIS LEASE AGREEMENT, made on the le day of February, 1999, by and between Orange County, North Carolina, a body politic and corporate and a political subdivision of the State of North Carolina whose mailing address is Post Office Box 8181 Hillsborough, North Carolina 27278 (hereinafter referred to as "County "), and the Joint Orange Chatham Community Action whose mailing address is PO Box 27 Pittsboro, NC 27312 (hereinafter referred to as JOCCA). WITNESSETH: 1. LEASED PREMISES: County hereby leases to JOCCA and JOCCA hereby leases from County, three offices as designated on the attached floor plan (Attachment A), along with use of the common areas in a building owned by the County at 503 West Franklin Street, Chapel Hill, North Carolina. 2. USE OF PREMISES: JOCCA shall use the premises solely for administrative office and tutoring space for its literacy programs. JOCCA shall not use or permit the premises to be used for any other purpose except with the prior written consent of County. The County requires that JOCCA clients observe the following standards of conduct while at the leased premises: (a) Clients shall conduct themselves in an orderly manner at all times when on the leased premises, including the grounds; (b) Per County ordinance, there shall be no smoking inside of a County building. Employees and clients shall observe the smoking requirements as established for the leased premises. (c) Employees of JOCCA shall ensure to the extent they are able, that clients will be considerate of surrounding businesses in their actions, including but not limited to smoking only in the areas designated for such, parking only in areas designated for Skills Development Center clients and refrain from being loud or disruptive in a manner that would disrupt the day to day business operations of tenants in the adjacent buildings. 3. TERM: The term of this lease shall commence upon execution of this lease and shall terminate on June 30, 2004, unless JOCCA no longer provides services consistent with those offered at the Skills Development Center, or is unable to meet the performance standards as set out by the Skills Development Advisory Committee, under which circumstances this lease shall be terminated with sixty (60) days notice to JOCCA. 4. RENT: JOCCA shall pay to the County the sum of $6,240 per annum, payable in monthly installments of $520, each monthly installment payable on the first day of each month during the term of this lease renewal. This rent shall be suspended in favor of inkind contribution from the County to JOCCA. 5. INSURANCE: JOCCA shall at all times during the term of this lease maintain in full force a public liability insurance policy providing coverage for bodily injury, personal injury, death or property damage, with insurance company(ies) authorized to do business in North Carolina. Such policy(ies) shall include the County as a named insured, shall be written in an amount no less than $1,000,000 combined single limit; and shall contain a clause that the insurer will not cancel or change the insurance coverage without first providing thirty (30) days written notice to County. JOCCA shall provide for personal property loss within the leased premises to the extent of their interest. No personal property that is owned by JOCCA is insured by policies of insurance owned by the County. 6. INDEMNITY. The JOCCA agrees to indemnify and save harmless the County against and from any and all claims by or on behalf of any person, firm or corporation arising by reason of injury to person or damage to property occurring in the Premises occasioned in whole or in part by any act or omission on the part of the JOCCA or an employee, agent, visitor, assign or undertenant of the JOCCA or by reason of any unlawful use of the Premises or any breach, violation or nonperformance of any covenant in this lease on the part of the County to be observed or performed, and also for any matter or thing growing out of the occupancy or use of the Premises by the JOCCA. 7. ASSIGNMENT AND SUBLETTING: JOCCA shall not assign or sublet the leased premises without the prior written consent of County. In all events, JOCCA shall remain fully responsibility for and shall not be released from performing any of the terms of this lease. 8. NOTICES. For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, address to County or to JOCCA at their respective address as set forth herein: TO COUNTY: Orange County %Director of Purchasing and Central Services Post Office Box 8181 Hillsborough, NC 27278 TO JOCCA: JOCCA % Executive Director PO box 27 Pittsboro, NC 27312 9. REPAIR AND MAINTENANCE. The County shall be responsible, at its own costs for maintenance and repairs of the Premises, provided however, that County shall not be responsible for repairs occasioned by the negligent acts of JOCCA, JOCCA's employees, agents, contractors or business invitees, all of which shall be repaired at the sole cost and expense of the JOCCA. 10. ALTERATIONS. Any alterations, additions, improvements or partitions permitted herein shall be made at the expense of the JOCCA. The JOCCA agrees that the JOCCA will make no alterations, additions or improvements to the Premises without the advance written consent of the County, such consent not to be unreasonably withheld. All alterations, additions or improvements made by and for the JOCCA, including but not limited to, any and all subdividing partitions, walls, special plumbing, electrical fixtures of whatever type, material or height, but excepting moveable office furniture put in at the JOCCA's expense shall, when made, be the property of the County and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this lease. 11. UTILITIES. County shall pay for all utility costs serving the Premises. 12. SIGNS. The County shall provide interior and exterior signage generally identifying the partners offering services at the site, identifying offices within the Premises and generally directing traffic within the Premises. Any additional signage shall be at the sole expense of the JOCCA. Prior to installation, the JOCCA agrees to submit plans to the County for approval, which approval shall not be unreasonably withheld. All signs erected by the County shall comply with the requirements of public authorities having jurisdiction with respect thereto. 13. PARKING. It is understood and agreed that contained within the Premises is parking that is shared in common with other tenants of the Skills Development Center, as well as their clients. JOCCA acknowledges that the County has tenants in the adjacent building whose lease includes parking in common with all tenants of the Bentley Building. JOCCA shall not park in spaces designated for Bentley Building tenants. 14. ENTIRE AGREEMENT. This lease contains the entire agreement between the parties hereto, and no promises, agreements, conditions or stipulations not contained herein shall be binding upon either party hereto. WITNESS WHEREOF, the parties have set their hands and seals on the day and year first written above. Orange County: Alice M. Gordon, Chair Attest: Beverly Blythe, Clerk to the Board STATE OF NORTH CAROLINA Attest: JOCCA: Executive Director COUNTY OF ORANGE LEASE AGREEMENT THIS LEASE AGREEMENT, made on the 161' day of February, 1999, by and between Orange County, North Carolina, a body politic and corporate and a political subdivision of the State of North Carolina whose mailing address is Post Office Box 8181 Hillsborough, North Carolina 27278 (hereinafter referred to as "County "), and the Orange County Literacy Council, whose mailing address is 503 West Franklin Street, Chapel Hill, North Carolina (hereinafter referred to as Literacy Council). WITNESSETH: 1. LEASED PREMISES: County hereby leases to Literacy Council and Literacy Council hereby leases from County, four offices as designated on the attached floor plan (Attachment A) in a building owned by the County at 503 West Franklin Street, Chapel Hill, North Carolina. 2. USE OF PREMISES: Literacy Council shall use the premises solely for administrative office and tutoring space for its literacy programs. Literacy Council shall not use or permit the premises to be used for any other purpose except with the prior written consent of County. The County requires that Literacy Council clients observe the following standards of conduct while at the leased premises: (a) Clients shall conduct themselves in an orderly manner at all times when on the leased premises, including the grounds; (b) Per County ordinance, there shall be no smoking inside of a County building. Employees and clients shall observe the smoking requirements as established for the leased premises. (c) Employees of Literacy Council shall ensure to the extent they are able, that clients will be considerate of surrounding businesses in their actions, including but not limited to smoking only in the areas designated for such, parking only in areas designated for Skills Development Center clients and refrain from being loud or disruptive in a manner that would disrupt the day to day business operations of tenants in the adjacent buildings. 3. TERM: The term of this lease shall commence upon execution of this lease and shall terminate on June 30, 2004. 4. RENT: Effective March 1, 1999, Literacy Council agrees to pay the County at such place as designated by the County the sum of seven thousand two hundred dollars ($7,200) per annum, payable in monthly installments of six hundred dollars ($600), each monthly installment payable on the first day of each month during the term of this lease agreement. 5. INSURANCE: Literacy Council shall at all times during the term of this lease maintain in full force a public liability insurance policy providing coverage for bodily injury, personal injury, death or property damage, with insurance company(ies) authorized to do business in North Carolina. Such policy(ies) shall include the County as a named insured, shall be written in an amount no less than $1,000,000 combined single limit; and shall contain a clause that the insurer will not cancel or change the insurance coverage without first providing thirty (30) days written notice to County. 10 Literacy Council shall provide for personal property loss within the leased premises to the extent of their interest. No personal property which is owned by Literacy Council is insured by policies of insurance owned by the County. 6. INDEMNITY. The Literacy Council agrees to indemnify and save harmless the County against and from any and all claims by or on behalf of any person, firm or corporation arising by reason of injury to person or damage to property occurring in the Premises occasioned in whole or in part by any act or omission on the part of the Literacy Council or an employee, agent, visitor, assign or undertenant of the Literacy Council or by reason of any unlawful use of the Premises or any breach, violation or nonperformance of any covenant in this lease on the part of the County to be observed or performed, and also for any matter or thing growing out of the occupancy or use of the Premises by the Literacy Council. 7. ASSIGNMENT AND SUBLETTING: Literacy Council shall not assign or sublet the leased premises without the prior written consent of County. In all events, Literacy Council shall remain fully responsibility for and shall not be released from performing any of the terms of this lease. 8. NOTICES. For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, address to County or to Literacy Council at their respective address as set forth herein: TO COUNTY: Orange County %Director of Purchasing and Central Services Post Office Box 8181 Hillsborough, NC 27278 TO LITERACY COUNCIL: Orange County Literacy Council % Executive Director 503 W. Franklin Street Chapel Hill, North Carolina 9. REPAIR AND MAINTENANCE. The County shall be responsible, at its own costs for maintenance and repairs of the Premises, provided however, that County shall not be responsible for repairs occasioned by the negligent acts of Literacy Council, Literacy Council's employees, agents, contractors or business invitees, all of which shall be repaired at the sole cost and expense of the Literacy Council. 10. ALTERATIONS. Any alterations, additions, improvements or partitions permitted herein shall be made at the expense of the Literacy Council. The Literacy Council agrees that the Literacy Council will make no alterations, additions or improvements to the Premises without the advance written consent of the County, such consent not to be unreasonably withheld. All alterations, additions or improvements made by and for the Literacy Council, including but not limited to, any and all subdividing partitions, walls, special plumbing, electrical fixtures of whatever type, material or height, but excepting moveable office furniture put in at the Literacy Council's expense shall, when made, be the property of the County and shall remain upon and I1 be surrendered with the Premises as a part thereof at the expiration or earlier termination of this lease. 11. UTILITIES. County shall pay for all utility costs serving the Premises. 12. SIGNS. The County shall provide interior and exterior signage generally identifying the partners offering services at the site, identifying offices within the Premises and generally directing traffic within the Premises. Any additional signage shall be at the sole expense of the Literacy Council. Prior to installation, the Literacy Council agrees to submit plans to the County for approval, which approval shall not be unreasonably withheld. All signs erected by the County shall comply with the requirements of public authorities having jurisdiction with respect thereto. 13. PARKING. It is understood and agreed that contained within the Premises is parking that is shared in common with other tenants of the Skills Development Center, as well as their clients. Literacy Council acknowledges that the County has tenants in the adjacent building whose lease includes parking in common with all tenants of the Bentley Building. Literacy Council shall not park in spaces designated for Bentley Building tenants. 14. ENTIRE AGREEMENT. This lease contains the entire agreement between the parties hereto, and no promises, agreements, conditions or stipulations not contained herein shall be binding upon either party hereto. WITNESS WHEREOF, the parties have set their hands and seals on the day and year first written above. Orange County: Alice M. Gordon, Chair Attest: Beverly Blythe, Clerk to the Board STATE OF NORTH CAROLINA Attest: Orange County Literacy Council: Executive Director COUNTY OF ORANGE LEASE AGREEMENT 12 THIS LEASE AGREEMENT, made on the 16th day of February, 1999, by and between Orange County, North Carolina, a body politic and corporate and a political subdivision of the State of North Carolina whose mailing address is Post Office Box 8181 Hillsborough, North Carolina 27278 (hereinafter referred to as "County "), and the Employment Security Commission whose mailing address is 503 West Franklin Street, Chapel Hill, North Carolina 27514 (hereinafter referred to as ESC). WITNESSETH: 1. LEASED PREMISES: County hereby leases to ESC and ESC hereby leases from County, one office as designated on the attached floor plan (Attachment A), along with use of the common areas in a building owned by the County at 503 West Franklin Street, Chapel Hill, North Carolina. 2. USE OF PREMISES: ESC shall use the premises solely for office space. ESC shall not use or permit the premises to be used for any other purpose except with the prior written consent of County. The County requires that ESC clients observe the following standards of conduct while at the leased premises: (a) Clients shall conduct themselves in an orderly manner at all times when on the leased premises, including the grounds; (b) Per County ordinance, there shall be no smoking inside of a County building. Employees and clients shall observe the smoking requirements as established for the leased premises. (c) Employees of ESC shall ensure to the extent they are able, that clients will be considerate of surrounding businesses in their actions, including but not limited to smoking only in the areas designated for such, parking only in areas designated for Skills Development Center clients and refrain from being loud or disruptive in a manner that would disrupt the day to day business operations of tenants in the adjacent buildings. 3. TERM: The term of this lease shall commence upon execution of this lease and shall terminate on June 30, 2004, unless ESC no longer provides services consistent with those offered at the Skills Development Center, or is unable to meet the performance standards as set out by the Skills Development Advisory Committee, under which circumstances this lease shall be terminated with sixty (60) days notice to ESC. 4. RENT: ESC shall pay to the County the sum of $2,136 per annum, payable in monthly installments of $178, each monthly installment payable on the first day of each month during the term of this lease renewal. This rent shall be suspended in favor of inkind contribution from the County to ESC. 13 5. INSURANCE: ESC shall at all times during the term of this lease maintain in full force a public liability insurance policy providing coverage for bodily injury, personal injury, death or property damage, with insurance company(ies) authorized to do business in North Carolina. Such policy(ies) shall include the County as a named insured, shall be written in an amount no less than $1,000,000 combined single limit; and shall contain a clause that the insurer will not cancel or change the insurance coverage without first providing thirty (30) days written notice to County. ESC shall provide for personal property loss within the leased premises to the extent of their interest. No personal property that is owned by ESC is insured by policies of insurance owned by the County. 6. INDEMNITY. To the extent permitted by law, ESC agrees to indemnify and save harmless the County against and from any and all claims by or on behalf of any person, firm or corporation arising by reason of injury to person or damage to property occurring in the Premises occasioned in whole or in part by any act or omission on the part of the ESC or an employee, agent, visitor, assign or undertenant of the ESC or by reason of any unlawful use of the Premises or any breach, violation or nonperformance of any covenant in this lease on the part of the County to be observed or performed, and also for any matter or thing growing out of the occupancy or use of the Premises by the ESC. 7. ASSIGNMENT AND SUBLETTING: ESC shall not assign or sublet the leased premises without the prior written consent of County. In all events, ESC shall remain fully responsibility for and shall not be released from performing any of the terms of this lease. 8. NOTICES. For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, address to County or to ESC at their respective address as set forth herein: TO COUNTY: Orange County %Director of Purchasing and Central Services Post Office Box 8181 Hillsborough, NC 27278 TO ESC: Employment Security Commission 503 West Franklin Street Chapel Hill, NC 27514 9. REPAIR AND MAINTENANCE. The County shall be responsible, at its own costs for maintenance and repairs of the Premises, provided however, that County shall not be responsible for repairs occasioned by the negligent acts of ESC, ESC's employees, agents, contractors or business invitees, all of which shall be repaired at the sole cost and expense of the ESC. 10. ALTERATIONS. Any alterations, additions, improvements or partitions permitted herein shall be made at the expense of the ESC. The ESC agrees that the ESC will make no alterations, additions or improvements to the Premises without the advance 14 written consent of the County, such consent not to be unreasonably withheld. All alterations, additions or improvements made by and for the ESC, including but not limited to, any and all subdividing partitions, walls, special plumbing, electrical fixtures of whatever type, material or height, but excepting moveable office furniture put in at the ESC's expense shall, when made, be the property of the County and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this lease. 11. UTILITIES. County shall pay for all utility costs serving the Premises. 12. SIGNS. The County shall provide interior and exterior signage generally identifying the partners offering services at the site, identifying offices within the Premises and generally directing traffic within the Premises. Any additional signage shall be at the sole expense of the ESC. Prior to installation, the ESC agrees to submit plans to the County for approval, which approval shall not be unreasonably withheld. All signs erected by the County shall comply with the requirements of public authorities having jurisdiction with respect thereto. 13. PARKING. It is understood and agreed that contained within the Premises is parking that is shared in common with other tenants of the Skills Development Center, as well as their clients. ESC acknowledges that the County has tenants in the adjacent building whose lease includes parking in common with all tenants of the Bentley Building. ESC shall not park in spaces designated for Bentley Building tenants. 14. ENTIRE AGREEMENT. This lease contains the entire agreement between the parties hereto, and no promises, agreements, conditions or stipulations not contained herein shall be binding upon either party hereto. WITNESS WHEREOF, the parties have set their hands and seals on the day and year first written above. Orange County: Alice M. Gordon, Chair Attest: Beverly Blythe, Clerk to the Board Attest: ESC: Signature and Title Pobiic 100 101 102 r� 103 104 i assigned I t 118 ' 17 ) '91 Ila 114' space: assigned 113 1 . LR.so�.c• 1 11 .. - 126 112 X123 125 Public ""�+ Rplroorrn bms: Orange County Skills Nvelon Center assigned assigned Wing office: assigned Good Work and Voc STATE OF NORTH CAROLINA COUNTY OF ORANGE "2-16-9,7 ORIGINAL. SIGNATURES A�� COPY W DIST: LEASE AGREEMENT THIS LEASE AGREEMENT, made on the 1Vh day of February, 1999, by and between Orange County, North Carolina, a body politic and corporate and a political subdivision of the State of North Carolina whose mailing address is Post Office Box 8181 Hillsborough, North Carolina 27278 (hereinafter referred to as "County "), and the Joint Orange Chatham Community Action whose mailing address is PO Box 27 Pittsboro, NC 27312 (hereinafter referred to as JOCCA). WITNESSETH: 1. LEASED PREMISES: County hereby leases to JOCCA and JOCCA hereby leases from County, three offices as designated on the attached floor plan (Attachment A), along with use of the common areas in a building owned by the County at 503 West Franklin Street, Chapel Hill, North Carolina. 2. USE OF PREMISES: JOCCA shall use the premises solely for administrative office and tutoring space for its literacy programs. JOCCA shall not use or permit the premises to be used for any other purpose except with the prior written consent of County. The County requires that JOCCA clients observe the following standards of conduct while at the leased premises: (a) Clients shall conduct themselves in an orderly manner at all times when on the leased premises, including the grounds; (b) Per County ordinance, there shall be no smoking inside of a County building. Employees and clients shall observe the smoking requirements as established for the leased premises. (c) Employees of JOCCA shall ensure to the extent they are able, that clients will be considerate of surrounding businesses in their actions, including but not limited to smoking only in the areas designated for such, parking only in areas designated for Skills Development Center clients and refrain from being loud or disruptive in a manner that would disrupt the day to day business operations of tenants in the adjacent buildings. 3. TERM: The term of this lease shall commence upon execution of this lease and shall terminate on June 30, 2004, unless JOCCA no longer provides services consistent with those offered at the Skills Development Center, or is unable to meet the performance standards as set out by the Skills Development Advisory Committee, under which circumstances this lease shall be terminated with sixty (60) days notice to JOCCA. 4. RENT: JOCCA shall pay to the County the sum of $6,240 per annum, payable in monthly installments of $520, each monthly installment payable on the first day of each month during the term of this lease renewal. This rent shall be suspended in favor of inkind contribution from the County to JOCCA. 10. ALTERATIONS. Any alterations, additions, improvements or partitions permitted herein shall be made at the expense of the JOCCA. The JOCCA agrees that the JOCCA will make no alterations, additions or improvements to the Premises without the advance written consent of the County, such consent not to be unreasonably withheld. All alterations, additions or improvements made by and for the JOCCA, including but not limited to, any and all subdividing partitions, walls, special plumbing, electrical fixtures of whatever type, material or height, but excepting moveable office furniture put in at the JOCCA's expense shall, when made, be the property of the County and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this lease. 11. UTILITIES. County shall pay for all utility costs serving the Premises. 12. SIGNS. The County shall provide interior and exterior signage generally identifying the partners offering services at the site, identifying offices within the Premises and generally directing traffic within the Premises. Any additional signage shall be at the sole expense of the JOCCA. Prior to installation, the JOCCA agrees to submit plans to the County for approval, which approval shall not be unreasonably withheld. All signs erected by the County shall comply with the requirements of public authorities having jurisdiction with respect thereto. 13. PARKING. It is understood and agreed that contained within the Premises is parking that is shared in common with other tenants of the Skills Development Center, as well as their clients. JOCCA acknowledges that the County has tenants in the adjacent building whose lease includes parking in common with all tenants of the Bentley Building. JOCCA shall not park in spaces designated for Bentley Building tenants. 14. ENTIRE AGREEMENT. This lease contains the entire agreement between the parties hereto, and no promises, agreements, conditions or stipulations not contained herein shall be binding upon either party hereto. WITNESS WHEREOF, the parties have set their hands and seals on the day and year first written above. Orange County: Alice M. Gordon, Chair Attest: Beverly Blythe lerk toA6e Board JOCCA: Executive Director Attest: icj STATE OF NORTH CAROLINA a /i;- 9 9 ORI G [NA , SIGNATURES /0r COPY DIST: COUNTY OF ORANGE LEASE AGREEMENT THIS LEASE AGREEMENT, made on the 16w day of February, 1999, by and between Orange County, North Carolina, a body politic and corporate and a political subdivision of the State of North Carolina whose mailing address is Post Office Box 8181 Hillsborough, North Carolina 27278 (hereinafter referred to as "County "), and the Orange County Literacy Council, whose mailing address is 503 West Franklin Street, Chapel Hill, North Carolina (hereinafter referred to as Literacy Council). WITNESSETH: 1. LEASED PREMISES: County hereby leases to Literacy Council and Literacy Council hereby leases from County, four offices as designated on the attached floor plan (Attachment A) in a building owned by the County at 503 West Franklin Street, Chapel Hill, North Carolina. 2. USE OF PREMISES: Literacy Council shall use the premises solely for administrative office and tutoring space for its literacy programs. Literacy Council shall not use or permit the premises to be used for any other purpose except with the prior written consent of County. The County requires that Literacy Council clients observe the following standards of conduct while at the leased premises: (a) Clients shall conduct themselves in an orderly manner at all times when on the leased premises, including the grounds; (b) Per County ordinance, there shall be no smoking inside of a County building. Employees and clients shall observe the smoking requirements as established for the leased premises. (c) Employees of Literacy Council shall ensure to the extent they are able, that clients will be considerate of surrounding businesses in their actions, including but not limited to smoking only in the areas designated for such, parking only in areas designated for Skills Development Center clients and refrain from being loud or disruptive in a manner that would disrupt the day to day business operations of tenants in the adjacent buildings. 3. TERM: The term of this lease shall commence upon execution of this lease and shall terminate on June 30, 2004. 4. RENT: Effective March 1, 1999, Literacy Council agrees to pay the County at such place as designated by the County the sum of seven thousand two hundred dollars ($7,200) per annum, payable in monthly installments of six hundred dollars ($600), each monthly installment payable on the first day of each month during the term of this lease renewal. 5. INSURANCE: Literacy Council shall at all times during the term of this lease maintain in full force a public liability insurance policy providing coverage for bodily injury, personal injury, death or property damage, with insurance company(ies) authorized to do business in North Carolina. Such policy(ies) shall include the County as a named insured, shall be written in an amount no less than $1,000,000 combined single limit; and shall contain a clause that the insurer will not cancel or change the insurance coverage without first providing thirty (30) days written notice to County. Literacy Council shall provide for personal property loss within the leased premises to the extent of their interest. No personal property which is owned by Literacy Council is insured by policies of insurance owned by the County. 6. INDEMNITY. The Literacy Council agrees to indemnify and save harmless the County against and from any and all claims by or on behalf of any person, firm or corporation arising by reason of injury to person or damage to property occurring in the Premises occasioned in whole or in part by any act or omission on the part of the Literacy Council or an employee, agent, visitor, assign or undertenant of the Literacy Council or by reason of any unlawful use of the Premises or any breach, violation or nonperformance of any covenant in this lease on the part of the County to be observed or performed, and also for any matter or thing growing out of the occupancy or use of the Premises by the Literacy Council. 7. ASSIGNMENT AND SUBLETTING: Literacy Council shall not assign or sublet the leased premises without the prior written consent of County. In all events, Literacy Council shall remain fully responsibility for and shall not be released from performing any of the terms of this lease. 8. NOTICES. For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, address to County or to Literacy Council at their respective address as set forth herein: TO COUNTY: Orange County %Director of Purchasing and Central Services Post Office Box 8181 Hillsborough, NC 27278 TO LITERACY COUNCIL: Orange County Literacy Council % Executive Director 503 W. Franklin Street Chapel Hill, North Carolina 9. REPAIR AND MAINTENANCE. The County shall be responsible, at its own costs for maintenance and repairs of the Premises, provided however, that County shall not be responsible for repairs occasioned by the negligent acts of Literacy Council, Literacy Council's employees, agents, contractors or business invitees, all of which shall be repaired at the sole cost and expense of the Literacy Council. 10. ALTERATIONS. Any alterations, additions, improvements or partitions permitted herein shall be made at the expense of the Literacy Council. The Literacy Council agrees that the Literacy Council will make no alterations, additions or improvements to the Premises without the advance written consent of the County, such consent not to be unreasonably withheld. All alterations, additions or improvements made by and for the Literacy Council, including but not limited to, any and all subdividing partitions, walls, special plumbing, electrical fixtures of whatever type, material or height, but excepting moveable office furniture put in at the Literacy Council's expense shall, when made, be the property of the County and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this lease. 11. UTILITIES. County shall pay for all utility costs serving the Premises. 12. SIGNS. The County shall provide interior and exterior signage generally identifying the partners offering services at the site, identifying offices within the Premises and generally directing traffic within the Premises. Any additional signage shall be at the sole expense of the Literacy Council. Prior to installation, the Literacy Council agrees to submit plans to the County for approval, which approval shall not be unreasonably withheld. All signs erected by the County shall comply with the requirements of public authorities having jurisdiction with respect thereto. 2 13. PARKING. It is understood and agreed that contained within the Premises is parking that is shared in common with other tenants of the Skills Development Center, as well as their clients. Literacy Council acknowledges that the County has tenants in the adjacent building whose lease includes parking in common with all tenants of the Bentley Building. Literacy Council shall not park in spaces designated for Bentley Building tenants. 14. ENTIRE AGREEMENT. This lease contains the entire agreement between the parties hereto, and no promises, agreements, conditions or stipulations not contained herein shall be binding upon either party hereto. WITNESS WHEREOF, the parties have set their hands and seals on the day and year first written above. Orange County: Alice M. Gordon, Chair Orange County Literacy Council: 3 =. - . .