HomeMy WebLinkAbout2013-019 EMS - THD for parking spaces $5 terns
NORTH CAROLINA
LEASE AGREEMENT
ORANGE COUNTY
THIS LEASE AGREEMENT, made and entered into by and between, Orange County, a
political subdivision of the State of North Carolina, hereinafter referred to as "Lessee"; and THD
Construction, INC., a North Carolina corporation, hereinafter referred to as "Lessor" ;
WITNESSETH:
Subject to the terms and conditions hereinafter set forth, the parties agree that Lessor will
lease six (6)parking spaces to the Lessee at 201 Mt. Willing Road, Efland,North Carolina 27278
as follows:
1. Three anytime (3)parking space; and
2. Three (3)parking spaces from 5:30 am to 6:30 am and 5:30 pm to 6:30 pm.
The terms and conditions of this Lease are as follows:
1) Term. The term of this Lease shall be for a period of Five (5) years beginning
December 11, 2012, and ending December 11, 2017, unless extended by the
Parties or terminated under the other provisions of this Lease.
2) Compensation. Lessee shall pay to Lessor the sum of One Dollar($1.00) per year
for the term of the lease.
3) Termination. This Lease may be terminated by either party by providing ninety
(90)days written notice to the other party as provided in Section 6 below.
4) Use of Premises. Lessee shall use and occupy the premises for parking the
personal vehicles of employees stationed at EMS Station 4 and shall comply with
all laws, ordinances, orders, or regulations of any lawful authority having
jurisdiction over the premises and the use thereof.
5) Maintenance of Property. It is understood and agreed that Lessor shall be
responsible for the upkeep, repair, and maintenance of said parking area during
the term of this Lease or any extension hereof. Any damage to the parking area
beyond normal wear and tear that is determined to be the fault of the Lessee shall
be the responsibility of the Lessee and Lessee shall be responsible for restoring
the premises to its condition prior to the damage.
6) Notice. All notices provided for in this Lease Agreement shall be in writing and
shall be deemed to have been given when sent by registered or certified mail
addressed to Lessee at:
Orange County Emergency Services
ATTN: Director
Post Office Box 8181
Hillsborough,North Carolina 27278
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and to Lessor at: THD Construction, Inc.
ATTN: Greg Andrews
P. O. Box 536
201 Mt. Willing Road
Efland,North Carolina 27243
7) Venue. This Lease Agreement shall be construed and enforced in accordance
with the laws of the State of North Carolina.
8) Successors in Interest. This Lease Agreement shall be binding upon and shall
inure to the benefit of the parties hereto and their respective successors and
assigns.
9) Complete Agreement. This Lease Agreement contains the complete agreement of
the parties regarding the terms and conditions of the lease of the premises, and
there are no oral or written conditions, terms, warranties, understandings or other
agreements pertaining thereto which have not been incorporated herein. This
Lease Agreement may be modified only by written instrument duly executed by
either parties or their respective successors in interest.
10) Invalidity. If any provision of this Lease shall be declared invalid or
unenforceable,the remainder of the Lease shall continue in full force and effect.
11) Hold Harmless from Liability. Neither Lessor nor the Lessee shall be liable to
the other for any property damage sustained by the other, personal injury to the
other or to its officers, agents and employees, or to any other occupant of any part
of the property, irrespective of how such injury or damage may be caused,
whether from action of the elements or acts of negligence of the occupants of
adjacent properties, or any other persons; provided that nothing contained herein
shall relieve the either Lessor or the Lessee of the consequences of its own
negligence to the extent provided by law.
IN WITNESS WHEREOF, Orange County and the Contractor have signed this
Amendment, effective this the 1 Itn day of December, 2012.
FOR: ORANGE COUNTY FOR THD CONSTRUCTION, INC.:
By: / By:
�--�/
Frank W. Clifto ., County Manager Greg,11ndrews, President
For County Use Only
This instrument has en approved as to technical content.
R. an Montes de Oca,VmL gency Services Director
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This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Uqlw� A JIIL�
Clarence G. Grier, Finance Director
This s been approved as to form and legal sufficiency.
Ann Ate M.Nidlore, Staff ttorney
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