HomeMy WebLinkAbout2000 S Purchasing - Lease Renewal--Probation and Parole at Moody Building THIS LEASE DOES NOT BECOME EFFECTIVE UNTIL EXECUTED
BY THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION
STATE OF NORTH CAROLINA
LEASE AGREEMENT
COUNTY OF ORANGE
SE AGRYMMENT, made and entered into this the of
2000, by and between CO TY OF
RANGE, reinaft designated as Lessor, and the STATE OF NORTH
CAROLIN , hereinafter designated as Lessee;
WITNESSETH:
THAT WHEREAS, authority to approve and execute this lease agreement was
delegated to the Department of Administration by resolution adopted by the Governor
and Council of State on the 1st day of September, 1981; and as amended on December
71`, 1999, and
WHEREAS, the parties hereto have mutually agreed to the terms of this lease
agreement as hereinafter set out,
NOW THEREFORE, in consideration of the rental hereinafter agreed to be paid
and the terms and conditions hereinafter set forth, Lessor does hereby let and lease unto
Lessee and Lessee hereby takes and leases from Lessor for and during the period of
time and subject to the teams and conditions hereinafter set out certain space in the City
of Carrboro, County of Orange, North Carolina, more particularly described as
follows:
Being t 1,236 net square feet of office space located at 103 Laurel Avenue,
Carrboro, Orange County, North Carolina
(DEPARTMENT OF CORRECTION - Probation/Parole)
THE TERMS AND CONDITIONS OF THIS LEASE AGREEMENT ARE AS
FOLLOWS:
1. The term of this lease shall be for a period of Two (2) Years commencing
on the Ist day of July, 2000, or as soon thereafter as the leased premises are ceded to
the Lessee and terminating on the 30'day of June, 2002.
2. The Lessee shall pay to the Lessor as rental for said premises the sum of
$18,456.00 Dollars per annum, which sum shall be paid in equal monthly installments
of$1,538.00 Dollars, said rental to be payable within fifteen (15) days from receipt of
invoice in triplicate.
The Lessee agrees to pay the aforesaid rental to Lessor at the address specified,
or, to such other address as the Lessor may designate by a notice in writin_g.at least,
fifteen (15) days prior to the due date.
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3. Lessor agrees to furnish to the Lessee, as a part of the consideration for this
lease, the following services and utilities to the satisfaction of the Lessee.
A. Heating facilities, air conditioning facilities, adequate electrical
facilities, adequate lighting fixtures and sockets, hot and cold water facilities,
and adequate toilet facilities.
B. Janitorial services and supplies. Maintenance of lawns, parking areas,
common areas and disposal of trash.
C. All utilities except telephone.
D. Parking
E. The lessor covenants that the leased premises are generally accessible to
persons with disabilities. This shall include access into the premises from the
parking areas (where applicable), into the premises via any common areas of the
building and access to an accessible restroom.
4. During the lease term, the Lessor shall keep the leased premises in good
repair and tenantable condition, to the end that all facilities are kept in an operative
condition. Maintenance shall include, but is not limited to furnishing and replacing
electrical light fixture ballasts, air conditioning and ventilating equipment filter pads, if
applicable, and broken glass. In case Lessor shall, after notice in writing from the
Lessee in regard to a specified condition, fail, refuse, or neglect to correct said
condition, or in the event of an emergency constituting a hazard to the health or safety
of the Lessee's employees, property, or invitees, it shall then be lawful for the Lessee
in addition to any other remedy the Lessee may have, to make such repair at its own
cost and to deduct the amount thereof from the rent that may then be thereafter become
due hereunder. The Lessor reserves the right to enter and inspect the leased premises,
at reasonable times, and to make necessary repairs to the premises.
5. It is understood and agreed that Lessor shall, at the beginning of said lease
term as hereinabove set forth, have the leased premises in a condition satisfactory to
Lessee, including repairs, painting, partitioning, remodeling, plumbing and electrical
wiring suitable for the purposes for which the leased premises will be used by Lessee.
6. The Lessee shall have the right during the existence of this lease, with the
Lessor's prior consent, to make alterations, attach fixtures and equipment, and erect
additions, structures or signs in or upon the leased premises. Such fixtures, additions,
structures or signs so placed in or upon or attached to the leased premises under this
lease or any prior lease of which this lease is an extension or renewal shall be and
remain the property of the Lessee and may be removed therefrom by the Lessee prior
to the termination of this lease or any renewal or extension thereof, or within a
reasonable time thereafter. The Lessee shall have no duty to remove any improvement
or fixture placed by it on the premises or to restore any portion of the premises altered
by it. In the event Lessee elects to remove his improvements or fixtures and such
removal causes damage or injury to the demised premises, Lessee will repair only to
the extent of any such damage or injury.
7. If the said premises be destroyed by fire or other casualty without fault of
the Lessee, this lease shall immediately terminate and the rent shall be apportioned to
the time of the damage. In case of partial destruction or damage by fire or other
casualty without fault of the Lessee, so as to render the premises untenantable in whole
or in part, there shall be an apportionment of the rent until the damage has been
repaired. During such period of repair, Lessee shall have the right to obtain similar
office space at the expense of Lessee or the Lessee may terminate the lease by giving
fifteen (15) days written notice to the Lessor.
8. Lessor shall be liable to Lessee for any loss or damages suffered by Lessee
which are a direct result of the failure of Lessor to perform an act required by this
lease, and provided that Lessor could reasonably have complied with said requirement.
9. Upon termination of this lease, the Lessee will peaceably surrender the
leased premises in as good order and condition as when received, reasonable use and
wear and damage by fire, war, riots, insurrection, public calamity, by the elements, by
act of God, or by circumstances over which Lessee had no control or for which Lessor
is responsible pursuant to this lease, excepted.
10. The Lessor agrees that the Lessee, upon keeping and performing the
covenants and agreements herein contained, shall at all times during the existence of
this lease peaceably and quietly have, hold, and enjoy the leased premises free from the
adverse claims of any person.
11. The failure of either party to insist in any instance upon strict performance
of any of the terms and conditions herein set forth shall not be construed as a waiver of
the same in any- other instance. No modification of any provision hereof and no
cancellation or surrender thereof shall be valid unless in writing and signed and agreed
to by both parties.
12. Any hold over after the expiration of the said term or any extension
thereof, shall be construed to be a tenancy from month to month, and shall otherwise
be on the terms and conditions herein specified, so far as applicable; however, either
party shall give not less than sixty (60) days written notice to terminate the tenancy.
13. The parties to this lease agree and understand that the continuation of this
lease agreement for the term period set forth herein, or any extension or renewal
thereof, is dependent upon and subject to the appropriation, allocation or availability of
funds for this purpose to the agency of the Lessee responsible for payment of said
rental. The parties to this lease also agree that in the event the agency of the Lessee or
that body responsible for the appropriations of said funds, in its sole discretion,
determines, in view of its total local office operations that available funding for the
payment of rents are insufficient to continue the operation of its local offices on the
premise leased herein, it may choose to terminate the lease agreement set forth herein
by giving Lessor written notice of said termination, and the lease agreement shall
terminate immediately without any further liability to Lessee.
14. All premises, including fixtures and appurtenances, provided under this
lease shall function before, during and after the date change at January 1, 2000 at the
same level for which the premises were originally leased without additional cost to the
Lessee. This includes, but is not limited to, the functioning of mechanical or electrical
systems, heating, ventilating and air conditioning ("HVAC") systems, power supply,
water supply, fire control, security, and facility use components such as elevators,
timer automated doors, and signage.
15. All notices herein provided to be given, or which may be given by either
party to the other, shall be deemed to have been fully given when made in writing and
deposited in the United States mail, certified and postage prepaid and addressed as
follows: To the Lessor at 132 King Street, Hillsborough, North Carolina 27278 and
the Lessee at 2020 Yonkers Road, 4227 Mail Service Center, Raleigh, North
Carolina 27699-4227. Nothing herein contained shall preclude the giving of such
notice by personal service. The address to which notices shall be mailed as aforesaid to
either party may be changed by written notice.
IN TESTIMONY WHEREOF, this lease has been executed by the parties
hereto, in duplicate originals, as of the date first above written.
STATE OF NORTH CAROLINA
B )
Director
State Property Office
LESSOR:
Jaunty of Orange
TITLE: Chair, Board of County Commissioners
A .
Secretary
(CORPORATE SEAL)
STATE OF NORTH CAROLINA
COUNTY OF AKE
a Notary Public in and for the
County of Johnston and State aYoresaid, do hereby certify that JOSEPH H.
8ENDERSON, personally appeared before me this date and acknowledged the due
execution by him of the foregoing instrument as Director of State Property Office of
the Department of Administration of the State of North Carolina, for the purposes
therein expressed.
ViTI N SS my hand and Notarial. Seal, this the eCday of
2000.
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My Commission Expires:
�Cji t%Rm"1610 folm May 13, 2001
STATE OF � ����9 +
COUNTY OF �lQ-sr
I, , a Notary Public in and for the County
and State aforesaid, do hereby certify that
personally came before me this day and acknowledge that he/she is Secretary to the
Board of County Commissioners of Orange County, and that by authority duly given
and as an act of Orange County, the foregoing instrument was signed by
c
iSlts Chair of the Board of County Commissioners, attested
by herself as Secretary, and sealed with its Corporation seal.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal this
the day of ,&e/ , 2000.
AcftL OFFICIAL SEAL
Norte Corollma
ORANGE NQE COUNTY Y
i EVELYN M.CECIL
( _ My Commission Expires Notary bhC
My Commission Expires/