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HomeMy WebLinkAboutAgenda - 06-03-2008-4uORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 3, 2008 Action Agenda Item No. ~ - (~ SUBJECT: Lease Renewal -Walnut Grove Solid Waste Convenience Center DEPARTMENT: Solid Waste Management - PUBLIC HEARING: (Y/N) No Sanitation ATTACHMENT(S): Lease Renewal Agreement INFORMATION CONTACT: Gayle Wilson 968-2885 Pam Jones 245-2650 PURPOSE: To consider the renewal of the lease for the Solid Waste Convenience Center located on Walnut Grove Church Road. BACKGROUND: The Walnut Grove Church Road Solid Waste Convenience Center site is located on a one-acre parcel owned by Randy Spencer and Theresa K. Stone. The initial lease agreement was executed in 1987, with renewals every five years. Since 2003, the County has leased this property for $3,600 per year ($300 per month). The County's approach to collecting solid waste in unincorporated Orange County at five staffed Solid Waste Convenience Centers will continue for the near future. This parcel adjoins the County's property and the. Center is presently located on both parcels. In the future, the present Center will be redesigned and located solely on the County's property. At such time, the lease of this property will be terminated. Staff recommends the continuation of a five-year lease renewal period for this convenience center site. In the event that the Center is redesigned and located solely on the County's property before the end of the lease period, the lease agreement includes a clause that permits either party to terminate the lease with 90 days notice. The property owner has agreed upon a lease renewal cost of $4,200 per year ($350 per month). FINANCIAL IMPACT: The monthly rent will be increased from $300/month to $350/month ($4,200/year) for the five-year renewal term. Funds will be available in the Sanitation Division budget, pending adoption of the FY 2008-09 Annual Budget. RECOMMENDATON(S): The Manager recommends that the Board approve the lease renewal for the period of July 1, 2008 through June 30, 2013 at a cost of $350 per month and authorize the Chair to sign on behalf of the Board. NORTH CAROLINA COUNTY OF ORANGE SECOND LEASE AGREEMENT RENEWAL WHEREAS, a lease agreement (hereafter referred to as "the Agreement") was made and entered into on or about the 21St Day of December, 1987 by and between Orange County (hereinafter referred to as "Lessee") and John Thomas Walker and Martha Latta Walker (hereinafter referred to as "Original Lessor") for property on Walnut Grove Church Road to be used as a solid waste collection site. The Agreement was recorded at Book 702, Page 591 of the Orange County Registry; and WHEREAS, the Agreement was renewed as amended by a Lease Agreement Renewal recorded at Book 3049, Page 280 of the Orange County Registry (hereafter referred to as "First Renewal Agreement"); and WHEREAS, Randy Spencer and Theresa Kelly Stone purchased the leased Property from the Original Lessor by a General Warranty Deed Recorded in Book 3619, Page 194 and are thereby bound as successors in interest to the Agreement and the First Renewal Agreement; and WHEREAS, Randy Spencer and Theresa Kelly Stone (hereinafter "Lessor" or "Owner") desire to renew the Agreement as amended by the First Renewal Agreement and by this Second Lease Agreement Renewal; and WHEREAS, Lessee desires to renew the Agreement as amended by the First Renewal Agreement and by this Second Lease Renewal Agreement. NOW THEREFORE, the Lessee and the Lessor mutually agree to the following: 1. The first.paragraph of the Agreement and the Lease Agreement Renewal shall be modified to replace the names of the Original Lessor and Owner with the names of "Randy Spencer and Theresa Kelly Stone" as Lessor and Owner under the respective documents. 2. Section 2 of the Agreement as amended by the First Renewal Agreement shall be modified to read as follows: "The second lease renewal will commence July 1, 2008, and will continue through June 30, 2013, excepting either Lessor or Lessee may terminate the lease upon giving ninety (90) days written notice to the other. Lessee shall pay Lessor rent in the amount of Three Hundred and Fifty Dollars ($350.00) per month for each and every month of the term of this lease, payable on or before the 5th day of each month of the lease term. 3. All other terms and conditions of the Agreement and First Renewal Agreement shall remain the same. This agreed to the Owner/Lessor: Orange County By: Barry Jacobs, Chair Board of County Commissioners Randy Spencer Theresa Kelly Stone Donna Baker, Clerk to the Board ORANGE COUNTY FINANCE DIRECTOR: "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Gary Humphreys Orange County Finance Officer NORTH CAROLINA COUNTY OF DATE: I certify that the following persons personally appeared before me this day and acknowledged that they voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Randy Spencer, individual and Theresa Kelly Stone, individual. Date: This the day of day of June, 2008. 2008. Official Signature of Notary Public Insert name of Notary, printed or typed (Official Seal) My Commission Expires: 4 NORTH CAROLINA ORANGE COUNTY I, , a Notary Public of said State and County, certify that Donna Baker personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County the foregoing 'instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness by hand and official seal, this the - day of , 2008. Notary Public My Commission Expires: NORTH CAROLINA COUNTY OF I certify that the following person personally appeared before me this day and acknowledged that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Gary Humphreys, Orange County Finance Officer. Date: This the day of ~ , 2008. Official Signature of Notary Public Insert name of Notary, printed or typed (Official Seai) My Commission Expires: