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Home My WebLink About1999 S Purchasing - Skills Development Center - Lease Agreement with Partners Literacy Council ORIGINAL SIGNATURES �! COPY STATE OF NORTH CAROLINA DIST: COUNTY OF ORANGE LEASE AGREEMENT THIS LEASE AGREEMENT, made on the 161'day of February, 1999, by and between Orange County, North Carolina, a body politic and corporate and a political subdivision of the State of North Carolina whose mailing address is Post Office Box 8181 Hillsborough, North Carolina 27278 (hereinafter referred to as "County"), and the Orange County Literacy Council, whose mailing address is 503 West Franklin Street, Chapel Hill, North Carolina(hereinafter referred to as Literacy Council). WITNESSETH: 1. LEASED PREMISES: County hereby leases to Literacy Council and Literacy Council hereby leases from County, four offices as designated on the attached floor plan (Attachment A) in a building owned by the County at 503 West Franklin Street, Chapel Hill, North Carolina. 2. USE OF PREMISES: Literacy Council shall use the premises solely for administrative office and tutoring space for its literacy programs. Literacy Council shall not use or permit the premises to be used for any other purpose except with the prior written consent of County. The County requires that Literacy Council clients observe the following standards of conduct while at the leased premises: (a) Clients shall conduct themselves in an orderly manner at all times when on the leased premises, including the grounds; (b) Per County ordinance, there shall be no smoking inside of a County building. Employees and clients shall observe the smoking requirements as established for the leased premises. (c) Employees of Literacy Council shall ensure to the extent they are able, that clients will be considerate of surrounding businesses in their actions, including but not limited to smoking only in the areas designated for such, parking only in areas designated for Skills Development Center clients and refrain from being loud or disruptive in a manner that would disrupt the day to day business operations of tenants in the adjacent buildings. 3. TERM: The term of this lease shall commence upon execution of this lease and shall terminate on June 30, 2004. 4. RENT: Effective March 1, 1999, Literacy Council agrees to pay the County at such place as designated by the County the sum of seven thousand two hundred dollars($7,200) per annum, payable in monthly installments of six hundred dollars($600), each monthly installment payable on the first day of each month during the term of this lease renewal. 5. INSURANCE: Literacy Council shall at all times during the term of this lease maintain in full force a public liability insurance policy providing coverage for bodily injury, personal injury, death or property damage, with insurance company(ies) authorized to do business in North Carolina. Such policy(ies) shall include the County as a named insured, shall be written in an amount no less than $1,000,000 combined single limit; and shall contain a clause that the insurer will not cancel or change the insurance coverage without first providing thirty (30)days written notice to County. Literacy Council shall provide for personal property loss within the leased premises to the extent of their interest. No personal property which is owned by Literacy Council is insured by policies of insurance owned by the County. 6. INDEMNITY. The Literacy Council agrees to indemnify and save harmless 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 Premises occasioned in whole or in part by any act or omission on the part of the Literacy Council or an employee, agent, visitor, assign or undertenant of the Literacy Council or by reason of any unlawful use of the Premises or any breach, violation or nonperformance of any covenant in this lease on the part of the County to be observed or performed, and also for any matter or thing growing out of the occupancy or use of the Premises by the Literacy Council. 7. ASSIGNMENT AND SUBLETTING: Literacy Council shall not assign or sublet the leased premises without the prior written consent of County. In all events, Literacy Council shall remain fully responsibility for and shall not be released from performing any of the terms of this lease. 8. NOTICES. For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, address to County or to Literacy Council at their respective address as set forth herein: TO COUNTY: Orange County %Director of Purchasing and Central Services Post Office Box 8181 Hillsborough, NC 27278 TO LITERACY COUNCIL: Orange County Literacy Council % Executive Director 503 W. Franklin Street Chapel Hill, North Carolina 9. REPAIR AND MAINTENANCE. The County shall be responsible, at its own costs for maintenance and repairs of the Premises, provided however, that County shall not be responsible for repairs occasioned by the negligent acts of Literacy Council, Literacy Council's employees, agents, contractors or business invitees, all of which shall be repaired at the sole cost and expense of the Literacy Council. 10. ALTERATIONS. Any alterations, additions, improvements or partitions permitted herein shall be made at the expense of the Literacy Council. The Literacy Council agrees that the Literacy Council will make no alterations, additions or improvements to the Premises without the advance written consent of the County, such consent not to be unreasonably withheld. All alterations, additions or improvements made by and for the Literacy Council, including but not limited to, any and all subdividing partitions, walls, special plumbing, electrical fixtures of whatever type, material or height, but excepting moveable office furniture put in at the Literacy Council's expense shall, when made, be the property of the County and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this lease. 11. UTILITIES. County shall pay for all utility costs serving the Premises. 12. SIGNS. The County shall provide interior and exterior signage generally identifying the partners offering services at the site, identifying offices within the Premises and generally directing traffic within the Premises. Any additional signage shall be at the sole expense of the Literacy Council. Prior to installation, the Literacy Council agrees to submit plans to the County for approval, which approval shall not be unreasonably withheld. All signs erected by the County shall comply with the requirements of public authorities having jurisdiction with respect thereto. 2 13. PARKING. It is understood and agreed that contained within the Premises is parking that is shared in common with other tenants of the Skills Development Center, as well as their clients. Literacy Council acknowledges that the County has tenants in the adjacent building whose lease includes parking in common with all tenants of the Bentley Building. Literacy Council shall not park in spaces designated for Bentley Building tenants. 14. 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. WITNESS WHEREOF, the parties have set their hands and seals on the day and year first written above. Orange County: Orange County Literacy Council: 0,I.4'.4- h. � AL =-12;� — Alice M. Gordon, Chair xecu ve irector Attes ,,I, k- , zu AttesA�(� ,8 Beverly Blythe, erk tot Board V I 3