HomeMy WebLinkAboutAgenda - 06-30-1997 - 8hh 1
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ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. _ _L�1
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 30, 1997
SUBJECT: Lease Renewal Approval; State of North Carolina Communications Tower
Site
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 renewing a lease with the State of North Carolina for .26 acres
on Eno Mountain.
BACKGROUND: During the discussion on June 2, 1997 regarding this matter,
Commissioner Gordon requested that we contact the Triangle Transit Authority (TTA) to
determine their need for establishing a communications site in Orange County. Jim
Richey, TTA executive director, shared the following information:
• TTA presently operates from an 800 MHz system through Motorola.
• There have been preliminary discussion about replacing the system in five-seven
years, but no definite direction has been determined.
• Richey indicated that they have the option to locate on several public and private
towers.
The State of North Carolina offers antenna sites at no charge to agencies meeting the
following criteria:
• Agency seeking to locate an antenna on the tower must be not-for-profit and serve a
public purpose.
• There must be adequate space on the tower for the antenna.
• The antenna must be of a weight to ensure the structural integrity of the tower is not
jeopardized.
• The operating frequency must cause no interference with existing tower tenants.
According to the State Property Office, there would be no reason to deny TTA's request
for tower space if they met this criteria.
As a review, the highlights of the lease renewal with the State include:
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• 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
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.
• 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 lease
with the State of North Carolina; and authorize the Chair to sign on behalf of the Board.
J
STATE OF NORTH CAROLINA
LEASE AGREEMENT
COUNTY OF ORANGE
THIS LEASE,made and entered into this the day of 1997,
by and between the COUNTY 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;
WITNESSETH:
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.
WIMREAS,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]eased premises;
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 communications for a high speed public
rail service; and,
WHEREAS,the parties hereto have mutually agreed to the terms of this lease agreement as
hereinafter set out,
WHEREAS,the execution of this agreement for and on behalf of the State of North Carolina
has been duly approved by the Governor 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 consideration of the mutual promises hereinafter set forth,Lessor
does hereby grant and let unto Lessee for and during the term and under the terms and conditions
hereafter specified, and the night 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, 1947, shall be terminated by consent of both
parties on June 30,1997.
2. The terra of this lease shall be for a period of forty(40)years beginning on July 1,
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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 bave the
right to reenter the property 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 installing,
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 alterations,attach 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 premises shall be and rernain the property of the Lessee,and may
be removed upon the date of expiration or termination 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 force for the terra beginning July 1,1997.
b. If the Lessee determines 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 request is made by the Lessee to the Lessor, 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. 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 objectionable 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 occupants shall undertake immediately all action necessary to eliminate such
interference and, at the sole cost and expense of the causing party, shall prosecute such action
diligently until such interference is eliminated.
9. The continued performance by the Lessee of its obligations under this lease agreement
is subject to the availability 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
(including conduits) within the equipment building.
11. The Lessee shall be liable for the negligence of its employees, agents, and
representafives in connection with the exercise of the tights and privileges herein granted as provided
by North Carolina General Statute Sections 143-291,1<L%q-., entitled "Tort Claims Against State
Departments and Agencies".
12. Any notice,payment,or other obligation under this lease shall be deerned 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 EH&NR
P.O.Box 29581
Raleigh,North Carolina 27626-0581
13. This insu merit contains the entire agreement between the parties and no statement,
promise,inducement,representation or prior agreement which is not contained in or referenced by
this agreement shall be valid as a condition of this agreement.
IN TESTIMONY WHEREOF,the parties hereto have caused this instz�to be executed
in such form as to be binding upon tbem,all effective the day and year first above written.
COUNTY OF ORANGE
Chairman
Board of County Comudssioners
ATTEST:
Secretary
Board of County Commissioners
STATE Or NORTH CAROLINA
Governor
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 Commissioners of Orange
County and that pursuant to a resolution duly adopted by said Board, and as the act of Orange
County,the foregoing instrument 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 acknowledged that he is Secretary of State of
North Carolina,and that by authority duly given and as the act of the State,the foregoing instrument
was signed in its name by JAMES B.HUNT,JR.,Governor of the State of North Carolina, sealed
with the Great Seal of the State of North Carolina,and attested by himself as Secretary of State of
North Carolina
IN WITNESS WBEREOI~,I have hereunto set my hand and Notarial Seal,this the
day of , 1997.
Notary Public
My Commission Expires:
Profile 1415 1 File 6&4
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AU that certain tract or paroal of land situte
171ng and being in Hillsboro Township, Orange Count, Worth
Carolim fast vent of the Hil,leboro Me Tower of the North
Carolina Deparbaant of Comervatfon and Detelopmat, oa pro-
pertT kin an Cates Rmwtaing bound on the WoA4 Laub South
and West bg other lands of Orann CountT, i. 0. and b;lrg Nora
partiouttat17- desoribed as follosrsa
Bs at a pokO 17.80 !91 Ko � s?$ feet from
the United Sues Coast & Omw*f Cornorste Bench Nut and
TrIangulation Station lbmvignt., Aillebore, ffieration 656.97,
lnoated Approximately 10 feet past of the Wert edge of said
sire Cower umd. thanaag 151 W 93 feet to a ggt
theme K 8 b5� Mo In feet a��ggoint, thence x21 5'
93 ;teat to a potz�t j thenoo 8 680 451 H, 199 feet to the point
of begind"tj conubd1w 0,26 of an aors, acre or loge.
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