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HomeMy WebLinkAboutAgenda - 06-22-1998 - 8dORANGE COUNTY BOARD OF COMMISSIONERS Action Agendal Item No a•o ACTION AGENDA ITEM ABSTRACT Meeting Date: June 22, 1998 SUBJECT: Lease approval, CederGrove/Efland Cheeks Family Resource Center; Northern Human Services Center, Cedar Grove, NC DEPARTMENT: PURCHASING AND Public Hearing'. No CENTRAL SERVICES Budget Amendment Regd? No ATTACHMENT(S). INFORMATION CONTACT'. PAM JONES, ext 2650 Lease Telephone Number - Hillsborough 732 -8181 Chapel Hill 967-9251 Mebane 227-2031 Durham 688 -7331 PURPOSE'. To consider approving a lease with the Cedar GroverEfland Cheeks Family Resource Center who occupies space in the Northern Human Services Center, Cedar Grove. BACKGROUND: The Family Resource Center is funded through a grant by the Kellogg Foundation and was established at the Northern Human Services Center In Prowl 1995. The Centerofferings include, but are not limited to • Resource Lending Library • Cultural Bookstore • Parenting Classes • Matinee Movies for Children Food Bank • Medical Screenings • Support groups (diabetes, parenting, etc.) • Computer classes SpanishlEnglish classes • Dance Classes The Center operates approximately 35 hours per week, with Tuesdatu hursday hours until 8:00 p.m. The Center serves the Cedar GrovelEfland Cheeks population, with a specific service focus for the families of the Cedar Grove Head Stan and Cedar Grove Day Care . The attached lease parallels the lease agreement In effect for the Head Stan and Cedar Grove Day Care programs. The Board is being asked to consider renewal of those agreements on a separate item on this agenda. A summary of terms and conditions is as follows' Rent is provided as in -kind support In the amount of $7,200. • If the agency Is eligible to receive funds for reimbursement of utilities in their space, they are to pay their pro-rata share of the building s utilities. • Each agency cleans their own space. The County cleans common areas of building (hallways, restrooms, etc.) • Maintenance is provided by the County for Al plumbing and electrical systems. • Grounds care is provided by the County. Parking lot maintenance is provided by the County. RECOMMENDATION. The Manager recommends that the Board approve the lease with Cedar GrovUEfland Cheeks Family Resource Center; and authorize the Chair to sign on behalf of the Board. LEASE AGREEMENT NORTH CAROLINA ORANGE COUNTY The lease agreement made this 22nd day of June, 1998, between the County of Orange, North Carolina, whose principal place of business is 200 S. Cameron Street, Hillsborough, North Carclina, hereinafter referred to as County and the Cedar Grover Efland Cheeks Family Resource Center, whose principal place of business Is Orange County Northern Human Services Canter, Highway W North, Cedar Grove, NC., hereinafter referred to as Tenant . WITNESSETH In consideration of the mutual benefits to the County and to the TENANT, and of the covenants and agreements upon the part of the County and the Tenant to be kept and performed, the County hereby demises and leases to the Tenant, and the Tenant leases and takes from the County Rooms 3 and 5, which measure approximately 1,160 square feet as shown on me floor plan attached hereto as Exhibit A and by reference made a pall hereof (herein called the Leased Premises) located at'. Orange County Northam Human Services Center, Highway W North, Ceder Grove, NO to be occupied and used as a Family Resource Center and for the terms and conditions set forth herein. 1. Term of Lease: The term hereof shall commence upon appoval of the Board of County Commissioners, dated June 22, 1998 and shall end at 12'.00 midnight on June 30, 2001. 2. Rental: TENANT shall pay to the COUNTY the sum of seven thousand two hundred dollars ($],200) per annum, payable in monthly Installments of six hundred dollars ($600), each due on the first day of each month, in advance during the term of this lease. This rent shall be suspended in favor of in -kind contribution from the COUNTY to the TENANT. 3. Utilities: In the evert TENANT's funding source will reimburse TENANT for ufiltles at the leased facility, the TENANT shall pay for the electrcty and fuel for heat based on the following formula'. Total square footage used by TENANT (1.44osquare feet) Divided by total usable square feet of the building where property Is located (32,630 square feet). Time the amount of electricity and fuel for heat bills received the COUNTY during the term of this lease for the building where the leased property is located The COUNTY shall send the TENANT on a timely basis a statement itemizing such utility charges. Payment shall be due to the COUNTY wiUin thirty (30) days of the date on suchstatements. The COUNTY Shall pay for all water and sewer charges. H 4. Care and Repair of premises'. The TENANT shall commit no active waste and shall take good care of the premises and the fixtures and appurtenances therein, and shall, in use and occupancy of the premises, conform to all laws, orders and regulations of the Federel, State and municipal government, and the requirements of insurers, applicable to the premises. The Tenant will provide jandonal and maintenance services such as but not limited lo, trash removal, window deeming, floor and wall dashing, light bulb replacement, painting, and all other activities necessary to keep the interior of the Leased Premises in clean and presentable. state. The COUNTY shall maintain and operate the healing, air - condltioning, electrical and plumbing systems as well as perform those repairs and maintenance duties as the COUNTY deems necessary and appropriate. Tenant shall immediately notify the COUNTY'S Public Works Department in the event maitenance which falls within the COUNTY'S respomsmilty is needed. 5. Interruption of service '. The COUNTY shall not he or become liable for damages to TENANT alleged to because or occasioned by or In any way connected with or me result of any interruption defect or breakdown from any cause whatever in any of the services herein referred to in paragraphs 3 and 4 above. However, upon receipt of actual notice of any such interruption, based or breakdown, COUNTY will take such steps as are reasonable to restore any such interrupted service or to remedy any such defect . 8. Alterations: Any alteration, atltlitions, improvements or partltions, excepting those partitions to he furnished by COUNTY, permitted herein shall be made al the expense of the TENANT. The TENANT agrees that TENANT will make no alterations scandal or improvements to the Leased Premises without the written consent of the COUNTY and that all alterations, additions or improvements made by and for the TENANT, Including but not limited to, any and all subdividing partitions, walls, special plumbing, electmcal fixtures or railings or whatever type, material of height, but excepting movable office furniture put in at the expense of the TENANT, shall, when made, be the property of the COUNTY and shall remain upon and be surrendered with the Leased premises as a part thereof at the expirations or leader nomlination of this lease. The COUNTY, however, reserves the right to require the TENANT to remove any paneling, decorations, partitions, walls railings, floor coverings, booths, plumbing, electrical fixtures or office furniture installed by or at the request of the TENANT, by giving notice of such election to the tenant at any time prior to, or not later than ten (10) days after, the expiration or earlier termination of this lease or a date five (5) days after the giving of such notice, whichever shall be the later. ]. Right of entry . The TENANT agrees that the COUNTY shall have the right to enter and grant licenses to enter the Leased Premises at any reasonable time after having given the TENANT notices of its intent to so enter: (A) to examine the Leased Premises, or 5 (B) to make alterations and repairs to the Leased Premises or to the building (including the right, during the progress of such alterations or repairs, to keep and store within the Leased Premises all necessary materials, tools and equipment)', or (C) for any purpose which the COUNTY may deem necessary for the operation and maintenance of the building; or (0) to exhibit the Leased Premises to applicants. No such entry shall in any manner affect the obligations and covenants of this lease. 8. Use and Occupancy. TENANT agrees that the Leased Premises will be used only far the purpose hereinbefore set out in this lease, that no unlawful use of the Leased Premises will be made, that no sign, name, legend, notice or advertisement of any kind will be fixed, painted or displayed on any part of the building, except that the name and business or profession of the Tenant may be painted with appropriate lettering approved by the COUNTY an the door or doors to the space leased by the TENANT or as otherwise agreed to by the COUNTY', and upon the termination of this lease, Tenant will vacate and surrender possession of the Leased Premises to the COUNTY in as good condition as the Leased Premises were at the commencement of this lease, ordinary wear and tear excepted. The COUNTY reserves the right to use the Leased Premises for nay reasonable purpose, as long as the use of such premises does not unduly affect the operation of the TENANT. The COUNTY shall be the final arbitrator of whether the proposed use by the COUNTY unduly affects the operation of the TENANT. 9. Insurance . If because of anything done, caused to be done, permitted or omitted by the TENANT, the premium rate for any kind of insurance affecting the building shall be raised, the TENANT agrees that the amount of the increase in premium which the COUNTY shall be thereby obligated to pay for such insurance shall he paid by the TENANT to the COUNTY on demand. and that if the COUNTY shall demand that the Tenant remedy the condition which caused the increase in the insurance premium rate the TENANT will remedy such condition within five (5) working days after such demand. The TENANT agrees that me TENANT shall not do, or cause to be done, or permit on the Leased Premises anything deemed extra hazardous on account of fire. COUNTY shall carry fire and extended coverage insurance insuring its interest in the building and the Leased Premises. TENANT shall carry fire and extended coverage insurance insuring its interest, t any in improvements to or In the Leased Premises and its interest in its office furniture, equipment, supplies and other personal property Proof of such insurance shall be provided to COUNTY within 10 data following execution of lease. Both the COUNTY and the TENANT hereby waive any claims or rights of action which the one may have against the other for loss or damage covered by such Insurance policies and both the COUNTY and the TENANT covenant and agree that each of them will obtain a waiver from is carrier of such insurance releasing such comer s subrogation ngNS as against the other parry. to. Indemnity. Tina TENANT agrees to indemnify and save harmless the COUNTY and the agents, servants and employees of 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 Leased Premises ocoasioned In whale or in pad by any act on the pad of the TENANT or an employee while @cling within the scope of employment, agent, visdoq assign or undedenant of the Tenant or by reason of any unlawful use of the Leased Premises or any breach, violation or non - performance of any covenant in this lease on the pad of the TENANT to be observed or performed, and also for any Mader or thing growing out of the occupancy or use of the Leased Premises by the TENANT or anyone holding or ciaiming to hold through or under the TENANT. TENANT agrees to pay for all damages to the building as well as all occupants thereof, caused by Tenants misuse or neglect of said Leased Premises, its appa2tus or appurtenances. COUNTY Shall not be liable to TENANT for any damage by or from any act or negligence of any co- tenant of other occupant of the building or by any owner or occult of adjoining continuous property. 11. Fire or other casualty. In the event the building in which the Leased Premises are located is destroyed by fire, unavoidable accident or casualty, this lease shall thereupon terminate. In the event the building in which the Leased Premises are located is damaged by fire, unavoidable accident or casualty to such an extent that in County's opinion, the portion of said building in which the Leased Premises are specifically located cannot be repaired within ninety (90) days to it's approximate condition existing immediately receding such fire, unavoidable accident or casualty , this lease shall thereupon terminate. In the event the portion of has building in which the Leased Premises are specifically located damaged by fire, unavoidable accident, or casualty and the same ca be retained within ninety (90) days from the date of such fire, unavoidable accident or casualty , the parties hereto agree that said Leased Premises shall be repaired and restored by COUNTY to the approximate condifon of said Leased Premises existing before said fire, unavoidable accident or casualty, and this lease shall remain in full force and effect ) provided, however that the rent during the period of repair be reduced to an amount which, in County's opinion, bears the same ratio to the rent provided for herein as the portion of the Leased Premises then available for use bears to the entire Leased Premises. Upon completion of such repairs the rent shall thereafter be paid as provided for herein as the portion of the Leased Premises then available for use bears to the entire Leased Premises. Upon completion of such repairs the rent shall thereafter be paid as Provided in the paragraph above designated °Rent'. 12. DefauT In the event the Tenant shall fail to pay any rent when due in accordance with the terms of this lease or do or fail to do any other thing, condition, covenant or requirement of this lease, and such default shall continue for a period of thirty, (30) days after written notice delivered to TENANT at the Leased Premises of such default, the COUNTY, without prejudice to any other rights or remedies that it may have, shall have the right, immediately or at any time thereafter, to reenter the Leased Premises and remove all persons and property from the Leased Premises. in the event the TENANT shall neglect to keep or perform any other covenant, agreement or condition of this lease or shall fail to conform to any of the building rules and regulations now in force or hereafter adopted by the COUNTY, the COUNTY shall give written notice of such default to the TENANT; and in the event that such default is not rectified within ten (10) days from the date of such notice, then the COUNTY shall have the right to enter the Leased Premises immediately or at any time thereafter and remove the TENANT therefrom, without prejudice to any other remedies of the COUNTY. In the event of any such re -entry, the TENANT hereby waives all claims for damages which may be caused by the reentry of the COUNTY and will save the COUNTY harmless from any loss, cost or damages occasioned! by COUNTY thereby and no such reentry, shall be considered or construed to be forcible entry. Should the COUNTY elect to reenter the Leased premises as herein provided, or should it take possession pursuant to legal proceedings, It may either terminate this lease or it may from time to time, without terminating this lease, re-let the premises or any pat] thereof on tenant's account for such time or times and at such rental or rentals and upon such other terms and conditions as the County In its sole discretion may deem advisable, with the right to make alterations and repairs to the Leased Premises, and the TENANT shall pay the amount of rent due under this Lease to the date of the beginning of payment of rent pursuant to any such re- letting, together with the cost of such re -IeNng including the cost of any alterations and repairs to the Leased Premises, and TENANT will thereafter pay monthly installments during the remainder of the term of this lease the difference, if any between the rent collected from such re- letting and the rent reserved in this lease, if such rent collected Is less than that reserved in this lease. No such reentry or taking possession of the Leased Premises by the COUNTY shall be construed as an election on its part to terminate this lease unless a written notice of such intention he given to the TENANT. Notwithstanding any such re- lefting without termination, the COUNTY may at any time after the occurrence of any default set out in this paragraph number 12 elect to terminate this lease and may terminate tt by giving written notice to that effect to the TENANT. If the COUNTY shall at any time terminate this lease on account of any default set out in this paragraph, in addition to other remedies it may have it may recover from the TENANT all damages that it may suffer by reason of the termination of the lease, including, but not limited to, the cost of recovering possession of the Leased Premises, and the excess, if any, of the amount of rent and other amounts to be paid by the TENANT under the terms of the lease for the remainder of the stated term, over the then reasonable rental value of the premises for the remainder of the stated tens. 13. Assignment and Sublall TENANT shall not sell, assign, pledge or hypothecate this lease, or sublet the Leased Premises or nay part thereof without the odor written consent of COUNi consent by County to one assignment of subletting shall not destroy or operate as a waiver of the prohibitions contained in this paragraph as to future asl gnments or leases and all such later assignments or leases shall be made only with County's prior written consent. In the event any assignment of the lease or lefting of the lease premises is consented to by the County, TENANT shall remain liable to County for payment of all rent herein provided for and for the faithful performance of all the covenants and conditions of this lease by and assignee or sublessees to the same extent a if the lease had not bee assigned or the Leased Premises let If this lease shall be assigned or the premises sublet by TENANT at a rental that exceeds all rental to be paid to the COUNTY hereunder, then and in such event any such excess shall be paid over to COUNTY by TENANT. 14. Building Rules and Regulations. The TENANT has read the miss and regulations hereto attached and made apart hereof and hereby agrees to abide by and conform to the same and to such further roles and regulations as the County may from time to time make or adopt for the re, protection and benefit of the building or the general comfort and welfare of its occupants. The TENANT further agrees that the COUNTY shall have the right to waive any or all of such miss In the case of any one or more tenants in the building without affecting the Tenant's obligations under this lease and said miss and regulations and that the County shall not be responsible for the non-conformance by any other tenant to any of said rules or regulations. 15. Quiet Enjoyment. The County agrees that the TENANT on paying the stipulated rental and keeping and performing the agreement and covenants herein contained, shall hold and enjoy the Leased Premises for the term aforesaid, subject, however, to the terms of this lease. I& Waiver The waiver by County of any breach of any covenant or agreement herein contained shall not be deemed to be a waiver of such covenant or agreement or any subsequent breach of the same or any other covenant or agreement herein contained. The subsequent acceptance of rent hereunder by County shall not be deemed to be a waiver of any preceding breach by TENANT of any covenant or agreement of this Lease other than the failure of the TENANT to pay the particular rental so excepted, regardless of County's knowledge or such preceding breach at the time of acceptance of such rent. 17 . Integration Clause. Any stipulations, representations, promises or agreement, oral or wnften, made prior to or contemporaneously with this agreement shall have no legal equitable consequences, and the only agreement made and binding on the parties is contained herein and It Is the complete total integration of the intent and understanding of County and Tenant. In witness whereof, the parties hereto have duly e.ewted this lease agreement as Of the day and year that written above. County: By:_ Attest. Margaret W. Brown, Chair Board Revery A. Blythe, Clerk to the Tenant: By Witness: me Building Policies i June, 1998 The following building policies are in place as a condition of the lease executed between Orange County and Tenants who Occupy County facilities. 1. The sidewalks, enhances, hallways, elevators and s urearys shall not be obstructed by any tenant or used by them for any purpose otherthan for ingress or egress. 2. If the building In which the leased premises is located has In it conference rooms, auditoriums, gymnasiums, gymahpiums, meeting ooms, etc., their use may be scheduled through the County or its appropriate designate. Tenants may Schedule the use of any such facilities Only forthe use of Meer agency order individuals or groups must contact the County directly to schedule use of the facwties. 3. Fees, if any, for use of conference rooms, auditoriums, gymnasiums, gymnaOiums, meeting rooms etc shall be Charged pursuant to rde County's Fatalities Fee Policy In effect at Me lame reservations are matte. The Facilities Fee Polity undergoes modifications from time to time Potential users should periodicity Deck with the County to determine wheMer changes In the polity have been made. 0. The Tenant shall not Install additional locks on any opera in Me leeced premises without the written consent of the County . In addition, no duplicate keys Shall be made or obtained through any source except for the County . 5. The Tenant shell not make improper noises or disturbances of any kind, sing, play or operate usiGl Instruments, radio or television or any machines or devices In such a fashion as may be deemad by Me County to interfere word other occupants &Me building. 6. The Tenant may instill winds trades, blinds, carades and/or urtains subject to the County's approval of Me meMW of Instellamon, Including hanging hardware and color and texture of any such window coverings. 7. To ensure public Sakry for tenants and clents who may frequent Me County facility, Tenants shall net • Kaep animals or birds on Me premises, with the exception of assist animals had a rig eye dogs . far example)', Allow bicycles or similar vehicles In the building, Three anyt hing through the windows or down stairways: Leave the premises unoccupied wiMwt ticking all does, extinguishing lights and turning off water outlets, • Install w operate Adding machines of any kind without Me written consent of the County use the premises for lodging rooms, gambling or any immoral purpose: Open windows while air commending system Is op rmiing: • Keep flammable materiels on Me premises without Me written permission of the County. Any such machines, if approved by the County, shall be kept in an appropriate looking. fimproof area Make adjustments in heatingtair conditioning controls, plumbing apparel eacMCal adul and equipment. Windows and doors. Tenant shall Immediately notify the County of adjustments which need ro be made. Install any anchorage, supporting or braang devises Into floor, wall Auditors M ceilings. The Tenant shall notiy me County in the event such devises are needed. Cook or obstruct any enhances or waits, including fire exits. 8. The possession , selling or consumption of alcoholic beverages or Illegal drugs is strictly prohibited on County property - This Includes both building and grounds. 9. The Tenant shall observe and cause their cllenta employees or other Invitees to observe any Couny regulations which may be In place for County Buildings and which regulations shall Ce posted on or around Me building. Examples Include no smoking In buildings, no solicitation, no firearms in buildings, etc. 10 . Tenant shall immediately notify the County Public Works Department of any maintenance deficiency which may exist To ensure proper tracking through the repair order system, any MW ProMt must be submitted in ending to the Public Worts Department. 11. The County reserves the right to regulate and control all parking lots associated with the eased premises, Including Instituting traffic patterns. 12. The County reserves the rightto=city building polities Mm time to home. Tenant will be notified of changes as they may occur.