HomeMy WebLinkAboutAgenda - 06-02-1997 - 9g t
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ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. 4—a
ACTION AGENDA ITEM ABSTRACT J
Meeting Date: June 2, 1997
SUBJECT: Lease renewal; State of North Carolina Tower Site on Eno Mountain
DEPARTMENT: PURCHASING AND Public Hearing: No
CENTRAL SERVICES Budget Amendment Reqd? 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 a lease renewal with the State of North Carolina for their
communications tower site on Eno Mountain.
BACKGROUND: Since 1947 the County has leased the property at the top of Eno
Mountain to the State of North Carolina as the location for a communications tower as
well as a forestry fire tower. The State has expressed a desire to renew the lease for
forty (40) years for the communications tower site only, effective July 1, 1997.
The State indicates that they no longer need the fire tower. In fact, in the current level
of disrepair as an observation tower, it may constitute a safety hazard. As a condition of
the proposed lease, the State proposes to see that the tower is removed. Adventurers
attempting to climb the tower continue to be an ongoing problem at the Eno Mountain
site. From the perspective of the Emergency Management officials for both the County
and the State, the nature of the equipment and operations on the Eno Mountain site,
make pedestrian traffic to the observation tower undesirable and they, therefore support
the removal of the tower as well.
Highlights of the proposed lease with the State are as follows:
• Includes the use of approximately .26 acres;
• Lease terminates June 30, 2037;
• The State will remove the existing Fire Tower. Note: At some point in the future, the
Board may be requested to consider a lease with the Norfolk-Southern Railroad for a
tower site on Eno Mountain to support their high-speed rail service. Since this
service is technically a State program and since the safety of Orange County
citizens has a direct bearing on the trains being able to communicate while traveling
through the County, the County was entertaining the idea of allowing the tower to be
built on the Eno Mountain property. The Board received a communique on this
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concept well over a year ago, but has not been asked to consider the issue further
pending successful negotiations between Norfolk-Southern Railroad and North
Carolina Railroad for a track lease. During preliminary discussions between the
County and the Railroad officials, the Railroad agreed to remove the Fire Tower as a
condition of their lease with the County. If this lease does not come to fruition,
however, the State will remove their tower.
• The State and the County will continue to trade lease payments from the State for
tower space for County communications equipment. The County presently locates
seven antennae on the State's tower.
0 The State will provide maintenance for their tower, equipment, and equipment
building located on the site.
• The State may sublease tower space to other governmental agencies, contingent
upon availability and structural integrity of the tower.
RECOMMENDATION: The Manager recommends that the Board approve the 40-year
lease renewal with the State of North Carolina for property on Eno Mountain to be used
as a site for a communications tower; and authorize the Chair to sign on behalf of the
Board, contingent upon Attorney and Staff review.
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c
STATE OF NORTH CAROLINA
r.n:ASE AGREEMENT
COUNTY OF ORANGE
THIS LEASE,made and entered into this the day of 1997,
by and between the COIINTY OF ORANGE, party of the first part, hereinafter designated as
Lessor,and the STATE OF NORTH CAROLINA,party of the second part,hereinafter designated
as Lessee;
WITN .SSETH.
THAT WHEREAS, the party of the first part owns a tract or parcel of land atop Eno
Mountain in Orange County,North Carolina,that is desirable as a location for the installation and
operation of a communications facility to be owned and operated by the Lessee.
WHEREAS,the Lessee leases a tract of land atop Eno Mountain in Orange County from the
Lessor according to a lease agreement dated March 13,1947;
WHEREAS,the Lessee wishes to extend the term of the lease agreement,and dispose of the
Fire Tower located on the leased promises;
WHEREAS,the Lessor wishes to use a portion of the lease premises to provide an area for
lease to Norfork Southern Railroad Company to establish communuications for a high speed public
rail service;and,
WItEREAS,the parties hereto have mutually agreed to the terms of this lease agreement as
hereinafter set out;
WHEREAS,the won of this agreement for and on behalf of the State of North Carolina
has been duly approved by the Govercwr and Council of State at a meeting held in the City of
Raleigh,North Carolina,on the 9th day of May,1996;and.,
NOW,THEREFORE,in cation of the mutual promises hereinafter set forth,Lessor
does hereby great and let tmto Lessee for and during the term and under the terms and conditions
hareafter specified,and the right and privilege to maintain a Communications Broadcast Facility
inclusive of buildings,antenna support tower,with antennas and other necessary accessories,upon
said property.
1. The lease agreement dated March 13, 1 947, shall be terminated by consent of both
parties on June 30,1997.
2. The term of this lease shall be for a period of forty(40)years beginning on July 1,
1997,and ending on June 30,2037. The Lessor leases to the Lessee that certain property hereinafter
called the premises,attached and described in"Exhibit A".
3. The Lessee shall be allowed to sublease space on the tower or in the communications
building to other governmental agencies.
4. The Lessee agrees to pay Lessor as rental for the premises,the sum of ONE DOLLAR
($1.00)for the term of the lease_
5. In the event the Lessor is unable to remove the fire tower: (a)Lessee will have the
right to reenter the properly of the Lessor and remove the fire tower at no cost to the Lessor. (b)
Lessor will be permitted to continue to operate its existing equipment on the communicating tower
of the.Lessee. (c)Lessor will be permitter to install new equipment on communication tower of
Lessee provided space is available and such additions are within the structural integrity of the
communication tower of Lessee. (d) Lessor or its agencies will relocate the equipment on the Fire
tower at no cost to the Lessee prior to removal of the fire tower.
6. a. Lessee is granted free access,to the premises for the purpose of installkL
constructing, operating, inspecting, repairing, removing, replacing, and.maintaining any and all
facilities of the Lessee necessary for the operation of the facility of the Lessee.
b. The right to make alteMone,Mach fixtures,and erect additions,or structures.
in or upon the premises hereby leased,which alterations,fixtures,additions,or structures so placed
in or upon,or attached to the said pmemises shall be and remain the property of the Lessee,and may
be removed upon the date of expiration or termnation of this lease,or within one hundred eighty
(180)days thereafter,by or on behalf of the Lessee,or its grantees,or purchases of said alterations,
fixtures,additions or structures.
7. a. Lessor covenants that so long as the Lessee is not in default in its obligations
as herein stated that the lease shall remain in full fbTm for the term beginning July 1,1997.
b. If the Lessee deteminea to abandon its rights as Lessee under the lease,the
Lessee shall give the Lessor ninety(90)days prior written notice of its determination so to do;and
if written tequest is made by the Lessee to the Lessor, the Lessee shall cease operations on the
premises and shall remove all structuM and other owned property located thereon within one
hundred eighty(180)days. All property of the Lessee which cannot be so removed or is not removed
shall be forfeited to the Lessor, and thereafter the Lessee shall not have any further rights or
obligations under this lease agreement.
8. All equipment of both Lessor and Lessee at the property shall be designed,
constructed., installed, maintained, and operated in compliance with the applicable rules and
regulations of the FCC and good engineering practices. Should objectbnable interference be caused
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by equipment of any party,the causing party,in consultation with engineers of Lessor and Lessee
and other site occupents shall tatderwc)D ismx lately all action necessary to eliminate such
interference and, at the sole cost and expense of the causing patty, shall prosecute such action
diligently until such interference is eliminated
9. The continued performance by the Lessee of its obligations under this ltlmm agreement
is subject to the avaaUkity to the Lessee of State funds. In the event of termination by the Lessee
of this lease agreement because of non availability to the Lessee of State funds,the Lessee shall
cease operations on the premises and shall remove all structures and other owned property located
thereon within one hundred eighty(180)days.
10. The Lessee shall have the right to install separate electric power metering and service
(inchiding conduits) within the equipment building.
11. Mw Lessee shall be liable for the neftence of its employees, agents, and
representatives in connection with the eicacn a of the rights and privileges harm granted as provided
by North Carolina Gencral Statute Sections 143-29L zL=Q,,entitled"Tort Claims Against State
Departments and Agencies".
12. Any notice,payment,or other obligation under this lease shall be deemed satisfied
when properly addressed and mailed or delivered to the following:
TO LESSOR: Director
Purchasing and Central Services
County of Orange
P.O.Box 8181
Hillsborough,North Carolina 27178
TO LESSEE: Director
Division of Forest Resources
Department of EHdtNR
P.O.Box 29581
Raleigb,North Carolina 27626.0581
13. This instrument contains the erAh agreement between the parties And nc►statement,
promM inducement.repvsentatian or prior agreement which is not contained in or referenced by
this agreement shall be valid as a condition of this agreement.
IN TESTTMONy wHEREOI?,the parties hereto have caused this instrtmnent to be executed
in such form as to be binding upon them all effective the day and yew first above written.
69
COUNTY OF ORANGE
Chairman
Board of County Commissioners
ATTEST:
Se=tary
Board of County Commissionors
STATE Or NORTH CAROLINA
Govern"
ATTEST:
Secretary of State
APPROVED AS TO FORM:
MICHAEL F. EASLEY
Attorney General
Assistant Attorney General
STATE OF NORTH CAROLINA
COUNTY OF
I, a Notary Public of Orange County,
North Carolina, do hereby certify that this day appeared
before me and acknowledged that he is Secretary to the Board of County Commlissionen of Orange
County and that pursuant to a resolution duly adopted by said Board, and as the act of Orange
County,the foregoing inshument was signed in its name by
Chairman of the Board of County Commissioners, sealed with its corporate seal and attested by
himself as its Secretary.
IN WITNESS WHEREOF,I have set my hand and Notarial Seal this the day of
.1997.
Notary Public
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, a Notary Public in and for the County
and State aforesaid, do hereby certify that ELAINE F. MARSHALL Secretary of State of North
Carolina, personally came before me this day and ackmowledged that he is Secretary of State of
North Carolina,and that by audioa ity duly given and as the act of the State,the foregoing instnuneat
was signed in its name by JAMES B.HUNT,X,Governor of the State of North Carolina,sealed
with the Great Seal of the State of North Carolim and attested by himself as Secretary of State of
North Carolina.
IN WITNESS EVE REOF,I have hereunto set my hand and Notarial Seal,this the
day of , 1997.
Notary Public
My Commission Expires:
Profile 1415/File 68.4
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