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HomeMy WebLinkAbout2010-123 AMS - Eno River Parking Deck LLC Lease Eno River Parking Deck~6 PIN 9874-OS-1759 STATE OF NORTH CAROLINA COUNTY OF ORANGE Prepared by and return to: Geoffrey E. Gledhill Coleman, Gledhill, Hargrave & Peek, P.C. 129 E. Tryon Street P.O. Drawer 1529 Hillsborough, NC 27278 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE ("Memorandum") is made and entered into effective as of February 25, 2009, by and between ENO RIVER PARKING DECK, LLC, a North Carolina limited liability company, 1000 Corporate Drive, Suite 109, Hillsborough, North Carolina 27278 ("Lessor"), and ORANGE COUNTY, NORTH CAROLINA, a body politic and corporate and a political subdivision of the State of North Carolina, P.O. Box 8181, Hillsborough, North Cazolina 27278 ("Lessee"). WITNESSETH: WI~REAS, Lessor owns and operates a private parking deck located on the north side of N&K Street and west of South Churton Street in Hillsborough, Orange County, North Cazolina, containing four hundred nine (409) parking spaces ("the Pazking Deck"), which parking deck is located on a tract and pazcel of land particularly described on the attached EXHIBIT A which is incorporated herein by this reference; and WHEREAS, Lessor and Lessee have made and entered into that certain PARKING DECK LEASE AND RIGHT OF FIRST OFFER AND RIGHT OF FIRST REFUSAL having an effective date of February 25, 2009, as amended and/or modified by that certain AMENDMENT TO PARKING DECK LEASE AND RIGHT OF FIRST OFFER AND RIGHT OF FIRST REFUSAL having an effective date of ! ~ K~ Z`3 , 2009, and as hereafter amended and/or modified (the "Lease'), with respect to two hundred (200) designated parking spaces located in the Parking Deck as identified on the attached EXHIBIT B (the "Parking Spaces"); and WHEREAS, the parties desire to record this Memorandum for the purpose of providing record notice of the existence of the Lease and certain of the terms contained therein. NOW, THEREFORE, for and in consideration of the terms, covenants and conditions set forth in the Lease and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee hereby acknowledge and declare as follows: 1. Pursuant to the terms of the Lease, Lessor has leased the Parking Spaces to Lessee and Lessee has leased the Parking Spaces from Lessor, for a term commencing on February 25, 2009 and expiring at 11:59:59 p.m. (local time) on December 31, 2049, with automatic annual renewals thereafter unless and until the Lease is sooner terminated by either parry as provided in the Lease. 2. Pursuant to the terms of the Lease, Lessor has granted to Lessee a right of first offer to purchase the Property and a right of first refusal to purchase the Property. Both the right of first offer to purchase and the right of first refusal to purchase are exercisable by Lessee, as expressly provided for in the Lease, until the termination of the Lease. 3. All of the terms, covenants and conditions contained in the Lease are incorporated herein by reference. IN WITNESS WHEREOF, the parties have caused this Memorandum to be duly executed effective as of the day and year first above written. [SIGNATURES BEGIN ON NEXT PAGE] 2 LESSOR: ENO RIVER PARKING DECK, LLC, orth Cazolina limite liability company ___ _..__ By: ~~O George A. orto III, Member/Manager `~,, By: c.,~.. ltti James Vu. Pazk , Jr., Me a anager STATE OF NORTH CAROLINA COUNTY OF ORANGE I, ~ ~~C [~~t+P_ ~~~~. t ~' ~ ,Notary Public, certify that George A. Horton, III and James W. Parker, Jr. each personally came before me this day and acknowledged that he is a Member/Manager of ENO RIVER PARING DECK, LLC, a North Carolina limited liability company, and that he, as Member/Manager, being authorized to do so, voluntarily executed the foregoing Memorandum of Lease for and on behalf of ENO RIVER PARING DECK, LLC for the purposes therein stated. Witness my hand and official seal or stamp, this the ~~ day of ~~~, 2009. Typed or Printed My commission expires: [SIGNATURES CONTINUE ON NEXT PAGE] 3 LESSEE: ORANGE COUNTY, NORTH CAROLINA, a body politic and corporate and a political subdivis~.Q,n..~f the State North Carolina ,.. ~ , Y~ Valerie P. Foushee Chair, Orange County Board of Commissioners ATTEST: David Hunt, Deputy Clerk to the Orange County Board of Commissioners STATE OF NORTH CAROLINA COUNTY OF ORANGE .... e ~sto`tio I, ~ ~Gl ~~"~'D~/~~~`' - °G~~f, a Notary Public of the County and State aforesaid, ce that David Hunt personally came before me this day and acknowledged that he is Deputy Clerk to the Board of Commissioners for ORANGE COUNTY, NORTH CAROLINA and that by authority duly given and as the act of ORANGE COUNTY, NORTH CAROLINA, the foregoing Memorandum of Lease was signed in its name by the Chair of said Board of Commissioners and attested by him as Deputy Clerk to~ysa~id Board of Commissioners. Witness my hand and official seal or stamp, this the ~%'' "day of , 2009. ~~,~.~~-R~~ Printed Name of Notary Public My commission expires: ~' ~ ~ o~D ~.3 (SEAL-STAMP) [SIGNATURE PAGES CONCLU NGELATHOMP~KETT NOTARY Pt1St.IC F:\Lisa\orangecounty\Parking Deck Meino of Lease.doc ~~ ~~ ~ ~- ~~ 13087/Ol/M/006Parking Deck Memo of Lease (06.02.09 WDB CL Dr 2) ~ ~ 4 EX~IIBIT A (Parking Deck Legal Description) Being all of Lot 3, containing 1.004 acres, more or less, as shown on that certain plat of survey entitled "FINAL PLAT RECOMBINATION ORANGE COUNTY COMPLEX" recorded in Plat Book 105, Page 117, Orange County Registry, reference to which plat of survey is hereby made for a more particular description of Lot 3. 13087/Ol/M/007Revised Legal Description EXHIBIT B IDENTIFICATION OF PARHING SPACES One hundred twenty (120) parking spaces (nos.182, 292-386, 388-411, inclusive) located on the third and fourth levels of the Parking Deck as generally illustrated on sheets D-2 and D-3 of that certain drawing entitled "GATEWAY CENTER PARKING" -(last updated 2/25/09) prepared by or on behalf of Brockwell Associates, Inc., a copy of which drawing is attached hereto and incorporated herein by this reference. Eighty (80) parking spaces (nos. 1 through 80, inclusive) located on the ground level of the Parking Deck as generally illustrated on sheet D-1 of that certain drawing entitled "GATEWAY CENTER PAItKIl~IG" (last updated 2/25/09) prepared by or on behalf of Brockwell Associates, Inc., a copy of which drawing is attached hereto and incorporated herein by this reference. -11- ~ ;I i it • II ~'I I ~;I I ~I ,I j;l - - II ~ ~~ I zd ~r~ ~a I. a I II ~II ail :il I;I _ i~ ~jl ~; I :' I i~l I I; I :, I III I -- II II I I i I I i _ _._ .. ~ GATEWAY CENTER PARKING EXHIBIT 6 (2-25-2009) I ~ ~ ~ ~. i o i ~ I o , .: I __. _...,r_,~~.,... . -~ I it I L ~ i, I,~ ~I ~ ~ i ®I ®® . ®ml®I®®®-....A ,~ - .~ ~. ~ I ; , !j m I O I ' i' 911 I .~- .8 ' - _..8 . i 1 ~ sEe sheers o-i. o-z rwo '' _. ` ;' ! i D3 FOR DECK PARI!!NO ~, i '. ~ i j ( ~ , ... ~ I ~ 1 I _B ~~ . ~ ' ` ,_; I _® r +e® ~a~~ ir.s- 1 .: ~. '~~ ~~ut ~~ ~~ h m ~~~ W ~ ~ ~~ ~~ oez88 1 OF 1 ~~ (r ~? ~I R C~) +:~ ?i (!) ;GATEWAY CENTER PARKING EXHIBIT B (2 25,-2009) - ~ I I ud ~~- - I j ~ ,.I _ ~ I ~ - ' pr ' ~i svtcs B A I ._..~` DO r i I W DAWN ' ~ f- ~± ~ ~ ~ - ~- ~ ,..,.~.: -- - ~1 ,I I ~ ~ ~ -- -1-1- ~, ~~~~. __ - - - .:P i = fir ~ r; r) ~ ~ W J. ~. PARKING D ~ .~ :~•. .. •. ECK -LEVEL t - 93 SPACES ~ ~; ~ .a <,~„ <, Y; ;.y, 4, •{ ~ ,moo ,•, ,I W Z= s b~ - ~ o~ i ~ ~~ i I ~ =z v ~ ~ . --- I Q _ ~ ~ =c~ I ~ I ~a ~ f I I--- vap ~~ •+ SPhCES ~ ~~... ~ UP -~- A ~ ~ NJ - ~ N J ' ~,, _ _ ®_.-~,~ ____t; CO~INTY PAI~KJNG DATA: ~ !p~! - COUNTY SPACES - PARKING;DECK.GROUND LEVEL 80 SPACES ~ k~ili~p.. ®... OWN •' COUNTY SPACES -PARKING DECK UPPER LEVEL 120 SPACES f!~ "i w sPhcE m '~ ` COUNTY SPACES -LIBRARY/OFFICE PARKING i5 SPACES ~ ~ ~ COUNTY SPACES - ON GRADE PARKING E07 28 SPACES ~;~~ JJJ ®® ® Kffi ®® LEJ Om~, , - 1 _- - I ~ ~- I - I . I -I_ ' -- I _ T07AL COUNTY PARKING SPACES - 243 SPAC€S --~ .__ Il 11 IL 11 Il ~ _.. _ ~. -{e; I ' _ - ~ i _ I i ~~ ~ i ~ ~~ ~ i i ~ - - .r. i. !A, ,I i ~ ~i" ~ ~ a Ins t) D1.02 _ PARKING DECK - GROUND LEVEL - 80 SPACES . ~ ~_~ ~~i ~~ (,j ~ ~~ ~~ IY ~{ ,GATEWAY CENTER PARKING EXHIBL7 8 (2-25-2009} 1 ~ ~ ~ o1W i • ~y l ~" ~, •~ - - ~__- I - - i . _ . _ r _ _ - _ -- ~__ I - I • e• fi i i n 7 ] YI ~ ` I ~ ~` i i ~ IU-- .1 svAgs D ~ . i _ i _ ~ 35t S S 161 J]t Y ,• _ ~'~ ~/ - °' I ~~ ~~' ' 11t J JJt 77 I 7 111 J~9 t] 315 1J Jti 7 JUl y i. 9~ DGWN •.. !"'~ .B SPACFS 0101 1 ~ ~' ~ .23 J 3 3. 3 26 11 1I 2 t 716 !11 317 ~Jt0 01 9 19 ~9• 9 9 10 r ,. a i j i ~ ~ ~ .~ ~ ~ 'ii X33 ~; ~ :,1 •}~ i•~` ~ LWNLIp LLQ D2.07 ~ vr~ PARKING DECK -LEVEL 3 - :705 SPACES t,; n,c.. _ r., IY, B ~ p~ a ~ iZ. ~ U FROM MARGARET LANE wta _ Q L7 r--~~r-~-~~~~~ - -- ..:{~ r I I I I I ~ ~ }„ ~m I I III ~. ~ i l ;l .l I. I I i I / Q apps UP ~, C DO N _ i 9~ ~ I ~~ ~ Is'~ DDWN UP ~- i .fi SPACES ~~ - ~ ~ . i ~~ -_ ~ .~ _~ P. . ,~-~-- w""wd:C" w.~~.. i~ i ~ r1 i A I I :. ` i, ~ ;- .. .. t i' - ~ ~ - D2.02 - - .. PARKING DECK - LEVfi 2 - 109 SPACES D _ 2 r bw ns.c - ,> . GATEWAY CENTER PARKING EXHIBIT D (2-25-2009} ' ' ! ~ { I I ~ i ~ ~ I ~ ~ ~ ~ ~ o~~ I. - ii i i a s {~~ I - ~ I ~ l ~ ~ 'S; ' i i D0 N P m 1~~~~ a s.. y~ ~ -_ , .., 8' ~ ~ - 0 OS g o I ~ ~ . ~. ~~ ... ; - a. 'o oa .m Y . . i WJ. I i LL.~ W p ~.~Q ~ i Z NU [- : t - w Z O~ DS.01 F- ~ PARKING DECK - ! EVEL 4 - 19 'SPACES .a.xv ~p Z ~ 2 _ Q: ~._ = C9 F- W Oir ~ ~d Q a0~ . _. ~ NJ '. : ~ ~ - - - - ~ ;: ~: ' ~ II a' fU rf. i - ~ ~.: iii ~~~;E 4~ ~ ' ~ I ~~ a -mot ; i f { ~~ ~~ 03.02 :STAIR `DETAIL - -- " ~ _ - -- ~ ~.,~ .mot - -~ i _. ~ ~ _. ! . ,~ _ .._ ~~ i ( ~ ~ .. D3.04 STAIR DETAIL D3_p3 STAIR DEiAiL w<+v DS OS STAIR. DETAIL` J'- >oo ~ d. Amendment to the Eno River Il~l>... ll~ Lease The Board considered approval of an Amendment to the Eno River tY 1 Lease and its corresponding "`tiiu of Le~~~f to include in the description of the leased property, existing easements providing vehicular and pedestrian access to the ; I across the Gateway Center property, and comparable easements being created across the County Office Building property and the County Library property and authorizing the Chair to sign. Commissioner Jacobs said that staff is working on a plan for public parking at the new office building and library and there has been confusion about parking at the Gateway Center. He hopes that staff will report back soon with the parking plan. Asset and Purchasing Services Director Pam Jones said that a report will be coming back to the Board on November 6'h on the parking issue. The target date for occupation is mid-November and then occupation will be a rolling system. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to approve an Amendment to the Eno River €It Lease and its corresponding ~`lltt>ft#``It1 of t~" to include in the description of the leased property, existing easements providing vehicular and pedestrian access to the j`)#`i across the Gateway Center property, and comparable easements being created across the County Office Building property and the County Library property and authorize the Chair to sign. VOTE: UNANIMOUS L Board of Commissioners Meeting Calendar for Year 2010 The Board considered final approval of the regular meeting schedule for the Board of County Commissioners for calendar year 2010. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to approve the 2010 calendar with the proposed written changes in abstract as well as moving the January 26`h closed session to Monday, January 25`h. (Commissioner Jacobs has a work conflict) VOTE: UNANIMOUS 5. Public Hearings a. Public Hearing on the Issuance of Up to $4.6 Million of Qualified School Construction Bonds for the Carrboro Hiah School Arts Wing The Board considered an update on the status of the proposed issuance of up to $4.6 million of Qualified School Construction Bonds for the Carrboro High School Arts Wing and to conduct a public hearing to receive public input. Bond Counsel Bob Jessup said that the purpose of this is to take public comment on issuing $4.6 million in bond funds for the Carrboro High School Arts Wing. The Qualified School Construction Bonds are intended to be a very low-interest cost financing option for school projects. The reason that this is going to public hearing is that right now there is not a market for anyone that wants to buy these bonds. Staff is trying to push the procedural aspects of this project as far along as it can in the expectation that the market will develop and then Orange County will be farther ahead of the procedural process so that it can be developed more quickly. He made reference to the memo, which outlines the pros and cons of continuing to push forward with this. The recommendation is for the Board to take public comment and offer direction to staff on the issuance of the bonds.