HomeMy WebLinkAbout2002 S Lease - Lease Renewal – Sawyer Building, 110 N. Churton Street. P.SL-~ „ f ~a ~,
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BOOK PAGE
2831 333 Fr+-Er
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Prepared by and
Re~urn to: Douglas Hargrave, Esquire, P.O. D~awer 1529,
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MEMORANDUM OF LEASE
Seisin-in-Law, a North Carolina General Partnership, whose
address is Post Office Drawer 1529, Hillsborough, North
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Carolina, hereby leases to Orange County, North Carolina, Post
Office Box 8181, Hillsborough, North Carolina, for a term
beginning the lst day of December 2002 and,',continuing for a
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maximum period of six (6) years for the ~ollowing property:
Sawyer Building.: the property conveyed to the Landlord in
the deed recorded at Book 449, Page 149 of the Orange
County Registry and as the description of the property
conveyed is revised by the quitclaim deeds recorded at Book
2739, Page 348 and Boo~c 2739, Page 352, of the Orange
County Registry, which property is hereinafter referred to
as either "the Sawyer Building" or "the leased premises."
The provisions set forth in a written lease agreement
pertaining to the leased premises between the parties,dated
November 19, 2002 are hereby incorporated into this memorandum.
BOOK PAGE
2831 334
SEISIN-IN-LAW
A North Carolina general partnership
By : l~~h~i
General Partner
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ATTEST:
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Donna S. Baker, Clerk to
the Board of Commissioners
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~ ~ 1VORTH CAROLINA
ORANGE COUNTY
I~ '"~~~Q~~~ ~~~'-~~`~ , a Notary Public of said State
and County, do hereby certify that Douglas Hargrave, a general
partner in Seisin-in-Law, personally appeared before me this day ~
and acknowledged the due execution of the foregoing Memorandum
of Lease .
Witn ss my hand and official stamp or seal, this the ~_
day of oJ~ , 2002. ~
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Notary Public
My commission expires : ~~...~~.~~~.,~,~
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NORTH CAROLINA ~~y ~««~'~.~y~ •`~
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ORANGE COUNTY V~
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I, L.-I `~>o~~~ ~Ql~-ry.oi~ , a Notary Public of the County
and State aforesaid, certify that Donna S. Baker personally came
~ before me this day and acknowledged that she is Clerk to the
Board of Commissioners for Orange County, North Carolina and
that by authority duly given and as the act of said County, the
foregoing instrument was signed in its name by the Chair of said
Board of Commissioners and attested by her as Clerk to said
Board of Commissioners.
Witne s my hand and official stamp or seal, this the ~
day of _~v.~rnb-u,,~; 20 02.
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otary Public
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OR.ANGE COUNTY
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Joyce H. Pearson
Register of Deeds
Orange County
North Carolina
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,BOOK
2831
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State of North Carolina, County of Orange
The foregoing certificate/s of Lisa S. Gammon, Notary/Notaries Public for the Designated
Governmental units is/are certi.fied to be correct. See filing certificate herein.
This day December 23, 2002
JOYCE H. PEARSON, REGISTER OF D
PAGE
335
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NORTH CAROLINA.
ORANGE COUNTY
LEASE
This con~ract of lease made and entered into this 19th day
of November, 2002, by and between Orange County, North Carolina,
hereinafter called "County," and Seisin-in-Law, a North Carolina
General Partnership, having its principal place of business in
Orange County, North Carolina, hereinafter called "Landlord."
W I T N E S S E T H-
Landlord hereby leases to County and County hereby leases
from Landlord, the following described property:
Sawyer Building: the property conveyed to the Landlord in
the deed recorded at Book 449, Page 149 of the Orange
County Registry and as ~the description of the property
conveyed is revised by the quitclaim deeds recorded at Book
2739, Page 348 and Book 2739, Page 352, of the Orange
County Registry, which property is hereinafter referred to
as either "the Sawyer Building" or "the leased premises."
To have and to hold the leased premises together with all
privileges and appurtenances thereunto belonging, to County
subject to the terms and conditions hereinafter set forth:
l. This lease shall become effective and possession of the
leased premises surrendered to County commencing on December 1,
1
2002 and unless sooner terminated_as.herein provided shall exist
and continue for a term of six (6) years.
2. Rent during the six (6) year term shall be: (1) for each
of the first three years of the lease term, Forty-five Thousand
Five Hundred and 04/100 Dollars ($45,500.04) per year, payable
in monthly installments of Three Thousand Seven Hundred Ninety-
one and 67/100 Dollars ($3,791.67), and (2) for each of the last
three years of the lease term, Forty-seven Thousand Three
Hu.ndred and 04/100 Dollars ($47,300.04), payable in monthly
installments of Three Thousand Nine Hundred Forty-one and 67/100
Dollars ($3,941.67), Each monthly installment of rent is payable
on the first day of each month during the term of this lease.
3. Notices: For the purpose of notice or demand, the
respective parties shall be served by certified or registered
mail, return receipt requested, addressed to County or Landlord
at their respective office address, as set forth herein:
To County: Orange County
Department of Purchasing and Central
Services
Post Office Box 8181
Hillsborough, NC 27278
To Landlord: Seisin-in-Law
Post Office Drawer 1529
Hillsborough, NC 27278
or at such other address as may hereafter be designated in
writing by either party hereto. The time and date on which mail
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is postmarked shall be the time and date on which such
communication is deemed to have been given.
4. Covenant of Title: Landlord covenants, represents and
warrants that it has full right and power to execute and perform
this Lease. If at any time during the term hereby demised the
title of Landlord shall fail or it shall be discovered that
Landlord's title does not permit Landlord to grant the term
hereby demised, County's remedy, which shall be exclusive of all
other remedies, shall be:
1.) annul and void this lease; and 2.) Landlord shall indemnify
and hold County harmless against any claims for rents resulting
from any title claim,
5. Subordination: County agrees that this lease is and
shall remain subject and subordinate to and may be assigned as
security for any present and all future mortgages or deeds of
trust which may now or hereafter affect the leased premises and
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to and for all renewals, modifications, consolidations,
replacements and extensions thereof. This clause shall be self-
operative and no further instrument shall be necessary to effect
such subordination. However, County shall execute promptly and
deliver to Landlord any such certificate or certificates in
writing as Landlord may request evidencing the subordination of
this lease to or the assignment of this lease as additional
security for such mortgage or deed of trust and County hereby
constitutes and appoints Landlord as County's attorney-in-fact
coupled with an interest to execute any such certificate,
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~ certificates or assignment on County's behalf in default of such
execution by County. In the event the Sawyer Building or a
leasehold interest in the Sawyer Building is sold pursuant to a
court order in any foreclosure proceeding or is sold pursuant to
a power of sale contained in any mortgage or deed of trust,
County agrees to execute an attornment agreement with such
purchaser not in conflict herewith at the request of such
purchaser.
6. Assignment and Sublease: County agrees not to encumber
or assign this lease or sublease all or any part of the leased
premises without the written consent of Landlord, which consent
shall not be unreasonably withheld. Such encumbrance, assignment
or sublease shall in no way relieve County from any obligations
hereunder for the payment of rents or the performance of the
conditions and provisions of this lease.
7. Quite Enjoyment: Landlord agrees that Co.unty, upon
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 to the terms
of this Lease.
8. Right of Entry: County agrees that Landlord or its
designee shall have the right to enter the leased premises
during normal business hours or any other time with consent of
County.
9. Insurance: Landlord shall provide fire and extended
coverage insurance to the leased premises. Contents will be
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insured by County; County shall also insure any improvements and
betterments made by it to the leased premises to the insurable
value thereof. Unless the parties hereto then agree otherwise
and as provided in this lease, the proceeds collected upon all
such policies of insurance shall be used to repair and/or
replace the leased premises, improvements or betterments so
damaged or destroyed, and such repairs or replacements shall be
prosecuted promptly by both Landlord and County with such
insurance funds; and in the event such funds are not adequate,
then the deficiency shall be made up by Landlord as to the
leased premises as leased.
In the event of the total destruction of the building
located on the leased premises by fire or other casualty, this
lease shall terminate as of the date of such destruction, unless
Landlord and County both agree to have the premises rebuilt or
restored, during which rebuilding and restoration pe~iod County
shall be excused from the rental payment.
In the event.of partial destruction of the building on the
leased premises, rendering it unsuitable for County's business,
the parties shall repair and restore the building on the leased
premises as quickly as practical and during such period of
repair and restoration there shall be an abatement to County of
the rental amount proportionate to the portion of the floor area
of the building on the leased premises rendered unsuitable for
County's business.
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10. Indemnity: County agrees to indemnify Landlord and
save Landlord harmless to the extent permitted by the law and to
the extent provided for by policies of insurance maintained by
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 or on the leased
premises occasioned in whole or in part by any act or omission
on the part of County or an employee, agent, visitor, assign or
undertenant of County or by reason of any unlawful use of the
leased premises or any breach, violation or nonperformance of
any covenant in this lease on the part of County to be observed
or performed, and also for any matter or thing growing out of
the occupancy or use of the leased premises by County. ~
11. Repair and Maintenance:
a.) County repairs and Maintenance: County agrees to
keep the leased premises in good condition and repair., excepting
repairs which are the responsibility of Landlord or which are
made necessary by reason of fire and other unavoidable
casualties covered by Landlord's fire and extended coverage
insurance, and excepting reasonable wear and tear. Within such
repair responsibilities of County shall be included: the walls
and ceiling (including the painting thereof); repairs and
maintenance of heating and air conditioning systems (cost not to
exceed $2000 per year); normal plumbing maintenance (including
stoppage but not including repair to water, drainage or sewer
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lines); normal minor electrical maintenance (cost not to exceed
$500 per occurrence); maintenance of floor coverings.
b.) Landlord's Repairs and Maintenance: Landlord
agrees to keep, repair and maintain the exterior of the building
(including the roof, exterior walls, foundations, gutters and
downspouts), sidewalks, parking area, supply pipes for gas (if
any) and water, drainage and sewer pipes (excluding stoppage),
repairs of air conditioning and heating systems, plumbing and
electrical that exceed the above limits stipulated in County
Repair and Maintenance. If any portion of the leased premises
which is the responsibility of Landlord shall at any time be in
need of repairs, Landlord will promptly repair same upon receipt
of written notice from County to do so, except that Landlord
shall not be obligated to make or pay for any repairs rendered
necessary by the fault, act or negligence of County, or any of
its agents, employees or business invitees. .
12. Alterations: Any alterations, additions, improvements
or partitions permitted herein to the leased premises shall be
made at the expense of County. County agrees that County will
make no alterations, additions or improvements to the leased
premises without the written consent of Landlord, which consent
will not be unreasonably withheld. All alterations, additions or
improvements made by and for County, including but not limited
to, any and all subdividing partitions, walls, special plumbing,
electrical fixtures or railings of whatever type, material or
height, but excepting moveable office furniture put. in at
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County's expense shall, when made, be the property of Landlord
and shall remain upon and be surrendered with the leased
premises as a part thereof at the expiration or earlier
termination of this lease.
13. Services: County agrees to furnish the leased premises
with electrical service suitable for the intended use as general
office space, including fluorescent tube and ballast
replacements, that necessary for heating and air conditioning
for the comforta.ble use and occupancy of the leased premises,
janitorial and trash removal from the leased premises and to pay
all charges for utilities including electricity, water, gas,
telephone and associated deposits and connection fees.
14. Signs: County reserves the right to affix a sign that
it deems appropriate to properly direct the public to the
offices housed in the leased premises.
Prior to installation, County agrees to submit plans to
Landlord for approval, which approval shall not be unreasonably
withheld. All signs erected by County shall comply with all the
requirements of public authorities having jurisdiction with
respect thereto.
County further agrees to maintain the designation of the
building on the leased premises as the Sawyer Building and will,
throughout the term of this lease, keep permanently displayed
and in its current location on the exterior of the building, the
sign reading "Sawyer Building".
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15. Parking: It is understood and agreed that contained
within the leased premises and located east of the building
located on the leased premises are six (6) parking spaces. It is
further understood that County, for the term of this lease,
retains the exclusive right to these parking spaces.
16. 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
Seisin-in-Law
A North Carolina General Partnership
By: ~
General Partner
Orange County
Attest:
Donna S. Baker Barry Jaco
Clerk to the Board Chair, B ard f Commi sioners
This instrument has been preaudited in the manner required by
the Local Government Budget and Fiscal Control Act.
~
Finance Officer of Orange County
lsg:miscellaneous\seisin in law lease with orange county
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