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Home My WebLink About2015-614 AMS - State Employees' Credit Union ATM Lease renewal NORTH CAROLINA: ORANGE COUNTY: LICENSE AGREEMENT THIS LICENSE AGREEMENT, made and entered into this TWENTY FIRST day of 2015, by and between, ORANGE COUNTY, hereinafter referred to as "Licensor", and STATE EMPLOYEES' CREDIT UNION, a North Carolina corporation, hereinafter referred to as"Licensee"; WITNESSETH: That subject to the terms and conditions hereinafter set out, said Licensor does hereby license unto said Licensee, and said Licensee does hereby accept of Licensor the licensed use of reasonably accessible space on or about that certain tract or parcel of land located at 104 E. Margaret Lane, Hillsborough, Orange County, North Carolina and as more particularly shown on Exhibit A (the "Licensed Premises") attached hereto, for the purpose of operating an Automated Teller Machine ("ATM"). The terms and conditions of this License Agreement are as follows: 1) The term of this License shall be for a period of THREE (3) years beginning on the FIRST day of, NOVEMBER, 2015, and ending on the LAST day of OCTOBER, 2018, unless extended or terminated under the other provisions of this License. 2) Licensor shall provide space to the Licensee rent free for the term of this License. It is understood and agreed that upon thirty days' notice, and for good cause shown, Licensor may modify the location of the Licensed Premises to any other reasonable location at 104 E. Margaret Lane, Hillsborough, Orange County,North Carolina. In the event such modification becomes necessary Licensee shall be responsible for the costs associated with relocating the ATM. 3) Licensee shall use and occupy the Licensed Premises for the purpose of maintaining the ATM, and in connection thereto, shall comply with all laws, ordinance, orders, or regulations of any lawful authority having jurisdiction over the premises and the use thereof. 4) It is understood and agreed that Licensee shall be responsible for construction of the ATM and for the upkeep, repair, and maintenance of said structure during the term of this License or any extension hereof. At the expiration of the term of this License, the prior termination of said License as herein provided, or the modification of the location of the licensed use, Licensee shall be responsible or removing said ATM from the premises and restoring the premises to their present condition. 5) During the term of this License, Licensee shall maintain comprehensive general liability insurance on an occurrence basis with minimum limits of liability in the amount of Three Hundred Thousand Dollars ($300,000.00) for property damage, bodily injury, personal injury or death to any one person; Licensee shall also maintain excess liability coverage with a per occurrence limit of at least One Million Dollars ($1,000,000); and Licensee shall keep the ATM structure on the premises together with the equipment in said building insured against loss or damage by fire or other casualties. 6) Licensee shall neither use nor occupy the premises or any part thereof for any unlawful or ultrahazardous business purpose nor operate or conduct its business in a manner constituting a nuisance or any kind. 7) Licensee shall pay prior to delinquency all taxes and assessments of every kind and nature which may be imposed or assessed upon or with respect to the structure and equipment placed on the Licensed Premises by Licensee. 8) If the Licensed Premises are wholly or partially destroyed by fire or other casualty, rental shall abate in proportion to the loss of use thereof, and Licensee shall, at its own expense, promptly restore the Licensed Premises to substantially the same condition as existed before damage or destruction,whereupon full rental shall resume. Should Licensee elect not to repair or replace the ATM,then Licensee shall provide written notice to Licensor of its intent to terminate this License Agreement. Upon such termination Licensee shall diligently repair the Licensed Premises to its original condition prior to the installation of the ATM. After the Licensed Premises are repaired, Licensee and Licensor shall not have any further responsibility to each other under the terms of the License Agreement. 9) If the whole of the premises, or such portion thereof as will make the Licensed Premises unsuitable for use contemplated hereby, shall be taken under the power of eminent domain (including any conveyance in lieu thereof), then the term hereof shall cease as of the date possession thereof is taken by the condemnor, and rental shall be accounted for as between Licensor and Licensee as of that date. 10) All applications in connection with necessary utilities services on the Licensed Premises shall be made in the names of Licensee only, and Licensee shall be solely liable for utility charges as they become due, including those for electricity,gas,water, sewer,and telephone services. 11) Licensee is hereby granted exclusive control of the Licensed Premises and Licensor shall not be liable for any injury or damages to any property or to any person on or about the demised premises nor for any injury or damage to any property to Licensee. Licensee shall defend, indemnify and hold harmless the Licensor from and against any claims, damages, or expenses (including reasonable attorney's fees), whether due to damage to the premises, claims for injuries to persons or property, o administrative or criminal action by governmental authority,where such claims, damages, or expenses result from the negligence, misconduct or breach of any provisions of this License Agreement by Licensee,its agents,employees or invitees. 12) Licensor hereby grants unto Licensee the option to extend the term of this License for TWO additional THREE year periods commencing at the expiration of the primary term. ALL EXTENSIONS ARE TO BE GRANTED TO AN AGREED UPON RATE OF $0.00 PER MONTH. Licensee shall provide to Licensor at least sixty(60) days prior to the expiration of the primary term written notice of its intention to extend. Either Licensor or Licensee may terminate this License Agreement upon sixty(60)days' notice to the other party. 13) It is expressly understood and agreed that upon any termination as provided herein Licensee shall remove the ATM from the premises and restore the premises to their former condition. 14) If Licensee shall pay the rent and/or perform and observe all the other covenants and conditions to be performed and observed by it hereunder, Licensee shall at all times during the term hereof have the peaceable and quiet enjoyment of the Licensed Premises without interference from Licensor or any person lawfully claiming through Licensor. 15) All notices provided for in this License Agreement shall be in writing and shall be deemed to have been given when sent by registered or certified mail addressed to Licensor at: ORANGE COUNTY ATTN: TAMMY COMAR ASSET MANAGEMENT SERVICES PO BOX 8181 HILLSBOROUGH,NC 27278 and to Licensee at: State Employees' Credit Union PO Box 27665 Raleigh,NC 27611 16) This License Agreement shall be construed and enforced in accordance with the laws of the State of North Carolina. 17) This License Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 18) This License contains the complete agreement of the parties regarding the terms and conditions of the License of the Licensed Premises, and there are no oral or written conditions, terms, warranties, understandings or other agreements pertaining thereto which have not been incorporate herein. This License Agreement may be modified only by written instrument duly executed by both parties or their respective successors in interest 19) If any provision of this License Agreement shall be declared invalid or unenforceable, the remainder of the License Agreement shall continue in full force and effect. THIS POR TION INTENTIONALL Y LEFT BLANK IN TESTIMONY WHEREOF,the parties have caused this ease Agreement to be executed as of the day and year first above written. LICENSOR: ORANGE COUNTY BY: Bonnie Hammersley,County Manager G� � ' �+ +� "r� •��, LICENSEE: STATE EMPLOYEES' CREDIT UNION Y� BY: �� WA G SENIOR VICE-FUESIDENT,FACILITIES SERV. ATTEST: RqL c N ASSISTANT CORPORATE SECRETARY NORH CAROLINA: WAKE COUNTY: This the q 4* day of ,2015,before me, a Notary Public, personal Ty- came Karen High, who, being duly sw says that she is Senior Vice-President, Facilities Services of STATE EMPLOYEES' CREDIT UNION that the seal affixed to the foregoing instrument in writing is the corporate seal of the said corporation,and that said writing was signed and sealed by her in behalf of the said corporation by its authority duly given and the Senior Vice-President, Facilities Services acknowledged the said writing to be the act and deed of said corporation. Witness my hand and notarial seal,this the Q. day of c��-f°r-�-�% ,2015. NOTV PUBLIC My Commission Expires: 81 , 0 19 C; .. w. ?q ' •NOTAR Y .�- � r i r r 4,"/111111111W, �'��i t Oi,N%`\� r Exhibit A E TRYON ST z rn n N .mow. ,, 4: 0 = m d, 0 = z Q V z CA W KING ST E KING ST E MARGARET LN U) N � N v E MARGARET LN G O � Ui Z V C N u P,* 4 A Location of ATM � - Justice Facility 106 E Margaret Ln F Agow 0"o, 0 10 RENEE==Feet Orange County Planning and Inspections ¢.. Brian Carson(10/1/2015)