Loading...
HomeMy WebLinkAboutAgenda - 11-04-1996 - 8c i 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. Q-Cr ACTION AGENDA ITEM ABSTRACT Meeting Date: November 4, 1996 SUBJECT: Lease Renewal -Highway 57 Solid Waste Collection Site DEPARTMENT: Public Works PUBLIC HEARING: YES: NO: X BUDGET AMENDMENT: YES: NO: X ATTACHMENT(S): INFORMATION CONTACT: Lease Renewal Wilbert McAdoo, ext 2626 1991 Lease Pam Jones, ext 2650 TELEPHONE NUMBERS: Hillsborough -732-8181 Chapel Hill -968-4501 Durham -688-7331 Mebane -227-2031 PURPOSE: To consider renewing the lease for property at Highway#57 in Hillsborough Township used as a Solid Waste Collection Site. BACKGROUND: Since 1985,the County has leased a parcel of property from Annie D. Freeland on Highway#57 in the Hillsborough Township for use as a Solid Waste Collection Site. Both parties are desirous that the lease be renewed. The present lease term from April 1, 1991 through March 31, 1996,was at a rate of$100.00 per month. A five year renewal term is proposed at a cost to the County of$150.00 per month. It should be noted that in the event alternative collection methods are chosen for the final Solid Waste Management Plan during the leased period,the existing lease includes a 90 day termination clause. All other terms and conditions of the existing lease remain the same. RECOMMENDATION(S): The Manager recommends that the Board of Commissioners approve the lease renewal through March 31, 2001 at a cost of$150.00 per month, and authorize the Chair to sign on behalf of the Board. 2 DATE ITEM NORTH CAROLINA COUNTY OF ORANGE LEASE AGREEMENT RENEWAL WHEREAS, a lease agreement was made and entered into as of the twenty-first day of May 1991, by and between the County of Orange, (LESSEE), and Annie D. Freeland, (LESSOR), for property to be used as a Solid Waste Collection site for Orange County; WHEREAS, the LESSEE and the LESSOR wish to renew the lease agreement as amended; NOW THEREFORE, the LESSEE and the LESSOR mutually agree to the following: 1. Section 2 "The Lease", shall be modified to read as follows: The lease will commence on April 1, 1996 and will terminate on March 31, 2001. Lessor and Lessee, however, may terminate this lease upon giving ninety (90) days written notice to the other. Lessee shall pay Lessor rent in the amount of one hundred and fifty dollars ($150.00) per month for each and every month of the term of this lease, payable on or before the first day of each month of the lease term. 2. All other terms and conditions shall remain the same. 3 This agreed to the day of 1997. LESSOR: ANNIE D. FREELAND NORTH CAROLINA ORANGE COUNTY I, a Notary Public of said State and County do hereby certify that Annie D. Freeland personally appeared before me this day and acknowledged the due execution of the foregoing Lease. Witness my hand and official seal, this the day of 11996. Notary Public My commission expires: ORANGE COUNTY BY: Moses Carey, Jr., Chair Board of Commissioners ATTEST: (SEAL) Beverly A. Blythe, Clerk 4 NORTH CAROLINA - LEASE ORANGE COUNTY This lease agreement entered into this 21st day of May, 1991 by and between Annie D. Freeland of Hillsborough, Orange County, North Carolina, hereinafter referred to as Lessor and Orange County, North Carolina, 109 Court Street Hillsborough, North Carolina .27278 , hereinafter referred to as Lessee, W I T N E S S E T H: Lessor hereby agrees to lease the property described below to Lessee upon the following terms and conditions: 1 . The Property. The property herein leased is a tract and parcel of land, together with all improvements located thereon, located in Hillsborough Township, Orange County, North Carolina and more particularly described as follows: Beginning at an iron (control corner) in the West line of N.C. Highway 57 and a new corner of William G. and Annie D. Freeland; thence with the West line of N.C. Highway 57 North 20 deg. 00 ' 00" East 210 feet to a nail ; thence new lines with said Freelands North 70 deg. 00 ' 00" West 207 .43 feet to a stake in Strowd' s Creek (through an iron witness on bank) and South 20 deg. 00 ' 00" West 210 feet to an iron and South 70 deg. 00 ' 00" East 207 .43 feet to the point and place of beginning, containing 1 . 00 acre, and being Lot 1 according' to plat and survey of Alexander T. Davidson, R.L.S. , dated January 12, 1986 and entitled, "Property of William G. and Annie D. Freeland. " This is the same property conveyed to Lessor from by- deed recorded at Book Page of the Orange County Registry. 2. The Lease. The lease will commence April 1 , 1991 , and terminate March 31 , 1996 . Lessor or Lessee, however, may terminate this lease upon giving ninety ( 90 ) days written notice to the other. Lessee shall pay Lessor rent in the Page 1 5 c amount of One Hundred Dollars ( $100 . 00 ) per month for each and every month of the term of this lease, payable on or before the 1st of each month of the lease term. 3 . Improvements and Maintenance. Lessee shall have the right to make any and all improvements, temporary or permanent , to the premises as deemed necessary and desirable by Lessee for its use of the premises. It is anticipated that Lessee will use the premises for solid waste "dumpsters. " It is further intended that the premises will accommodate and be used for at least twenty-five (25) "dumpsters. " Lessee agrees to fence the dumpster site and leave and provide a buffer strip of vegetation in its natural state of at lease 8 feet in width along Highway 57 . All improvements made to the premises shall be made at the expense of Lessee. All such improvements which are made to the premises which cannot be removed without damage to the premises shall become a part of the premises and upon the termination of this lease shall be the property of owner of the premises. Any additional ad valorem taxes resulting from any permanent improvements to the premises shall be the responsibility of the Lessee. From and after the time Lessee takes possession of the premises it shall be the responsibility of Lessee to maintain the premises in a neat , clean and orderly condition at all times. Roadways, parking areas, and other public access ways shall be maintained by Leesee. Fences installed on the premises by Lessee shall also be maintained by Lessee. Page 2 — __- - 6 f 4 . Taxes. Lessor agrees to pay all taxes and assessments during the term of this lease, including but not limited to municipal , county and state taxes assessed against said premises which are incident to the ownership of said premises. 5. Insurance and Indemnity. Lessee shall , at Lessee 's expense, obtain and keep in full force during the term of this lease a Comprehensive Public Liability policy with limits of $300 , 000/$300 , 000 for personal injury or death and $100 , 000 for property damage. The Lessor shall be named as an additional insured in this policy. Lessee shall deliver said policy or a certificate of insurance to Lessor together with evidence of full payment of premiums. To the extent permitted by law and to the extent provided for in insurance contracts owned by Lessee, Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee 's use of the premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the premises or elsewhere. 6 . Notices. All notices to be given under this lease shall be made in writing and mailed by certified mail , return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five (5) days subsequent to mailing. 7 . Parties. This lease shall be binding and shall Page 3 r f inure to the benefit of the parties and their heirs, successors and assigns. 8 . Entire Agreement ; Waiver . This lease contains the entire agreement of the parties and there are not representations, inducements, or other provisions other than those expressed in writing. All changes, additions, or deletions hereto must be in writing and signed by the parties. Any provision of this lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this lease. The waiver by Lessor or Lessee of any breach by the other of any term, covenant , or condition hereof shall not operate as a waiver of any subsequent breach thereof. ANNIE D. FREELAND Page 4 t 8 NORTH CAROLINA ORANGE COUNTY I, a Notary Public of said State and County do hereby certify that Annie D. Freeland personally appeared before me this day and acknowledged the due execution of the foregoing Lease. r Witness my hand and official seal , this the y day of 7-ul e- 1991 . Notary Public My commission expires: ORANGE COUNTY By: Chair, Orange County Board of Commissioners ATTE (Official Seal ) Clerk taft he Board Commissioners i Page 5 1 " 9 NORTH CAROLINA ORANGE COUNTY This the day of `1 19 �I/ , personally came before me tr' / , who, being by me duly sworn, says that she knowd the c man seal of Orange County and is acquainted with re , who is Chairman of the i Board of Commiss ers of Orange County, and that she, the said C/.Prr- , signed her name in attestation of the execution of said instrument in the presence of said Chairman of said Board of County Commissioners. Witness my hand and official seal , this the _day of -1991 . Notary Public My commission expires: /! -36- 11 *Cancellation or termination clause which allows either party to get out of the lease within 90 days.