HomeMy WebLinkAboutAgenda - 02-20-2007-5kORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 20, 2007
Action Agenda
Item No.
SUBJECT: Walnut Grove Church Road Property License to Use as Pasture
DEPARTMENT: Purchasing PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
License Agreement
INFORMATION CONTACT:
Pam Jones, 919-245-2652
PURPOSE: To approve a license to use land owned by the County on Walnut Grove Church
Road as pasture for cattle.
BACKGROUND: The County has recently purchased 18.13 acres of undeveloped land on
Walnut Grove Church Road, Hillsborough from Lewis and Faye Crabtree. A portion of the
property will be used for a solid waste convenience center, with the remaining portion available
for debris storage in the event of a natural disaster. During negotiation of the purchase of the
property by the County, Mr. Crabtree requested that he be allowed to fence off the storage area
and continue to pasture his cattle. Since the cattle would eliminate the County's need to provide
maintenance to the property, the action is being recommended.
Substantive terms of the agreement are highlighted below:
• The portion of the property designated on the attached site plan as "storage" will be
fenced off by Mr. Crabtree (Licensee), solely at his expense.
• Property may only be used as pasture;
• Fee is $10 per year;
• Licensee will relocate the cattle, remove the fence and the agreement will terminate
immediately should the County need the property for debris storage/processing.
o Note: The fence will be installed using a clip and post system that will allow it to be
quickly dismantled in the event this section of the license is invoked.
• The agreement may also be terminated by either party with ten days notice, regardless of
use of intended use of the storage property;
• Licensee will not place buildings or other structures on the site;
• Licensee will protect all trees on the site and will not cut, mutilate or injure growing trees
or shrubbery on the storage area.
• Licensee will provide liability insurance coverage in the amount of $300,000 and will
name the County as an additional insured on policies.
FINANCIAL IMPACT: Although the revenue realized as a result of this action is minimal
($10/yr), the reduction in expense is considerably more, since the County will not be required to
hire or use staff to mow the property.
RECOMMENDATION(S): The Manager recommends that the Board approve the License
Agreement as presented; and authorize the Chair to sign on behalf of the Board.
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North Carolina
Orange County
License Agreement
This License Agreement is made effective as of this the day of
2007, by and between the COUNTY OF ORANGE, NORTH
CAROLINA, a body politic and corporate, a political subdivision of the State of North
Carolina, having an address of P.O. Box 8181, Hillsborough, North Carolina 27278,
hereafter referred to as Licensor, and Lewis W. Crabtree and Faye Crabtree of 3415
Highway 86 North, Hillsborough, North Carolina 27278, hereinafter referred to
collectively as Licensee.
WITNESSETH:
WHEREAS, Licensor and Licensee have entered into that certain "Offer to
Purchase and Contract-Vacant Land" executed by Licensee on December 4, 2006,
whereby Licensor will purchase real property bearing Orange County PIN 9867-41-9070
and containing 18.13 acres more or less (the "Property") from Licensee; and
WHEREAS, Licensor intends to use a portion of the Property as further described
on Exhibits A & B for the processing and storage of storm debris (the "Storage Area"),
should the need for such storage arise; and
WHEREAS, until or unless the need for storage of storm debris arises the portion
of the Storage Area will be unoccupied by Licensor; and
WHEREAS, Licensee desires to fence off the Storage Area and use the same as a
cattle pasture until such a time as the Storage Area is needed for the processing and
storage of storm debris; and
WHEREAS, Licensor desires to allow Licensee to fence off the Storage Area and
use the same as a cattle pasture until such a time as the Storage Area is needed for the
processing and storage of storm debris.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, and other good and valuable consideration, the receipt and legal
sufficiency of which are hereby acknowledged, the parties hereto mutually agree upon
the following teens, provisions, and conditions:
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SECTION ONE
GRANT OF LICENSE: DESCRIPTION OF PREMISES
Licensor hereby grants to Licensee a license to occupy and use, subject to all of
the terms and conditions of this Agreement, the property described on Exhibits A and B
attached hereto.
SECTION TWO
LIMITATION TO DESCRIBED PURPOSE
The above described property, referred to herein as the Storage Area, maybe
occupied and used by Licensee solely for pasturing cattle and for incidental purposes
related to such purpose during the period beginning on the Closing Date of the Property,
and continuing until this Agreement is terminated as provided herein. Licensee shall at
all times use their best efforts to use the property in a manner satisfactory to Licensor.
Nothing in this Agreement shall interfere with the rights of Licensor to sell or lease all or
any part of the Property at any time.
SECTION THREE
PERIODIC PAYMENTS
Licensee shall pay Licensor for this license at the rate of Ten Dollars ($10.00) per
year payable in advance. The first payment shall be made on or before the date of the
beginning of the period specified above. Subsequent payments shall be made in advance
promptly on the yearly anniversary of the Closing Date thereafter during the continuation
of this Agreement.
SECTION FOUR
TERMINATION
A. Either party may terminate this Agreement at any time, without regard to
payment periods by giving written notice to the other specifying the date of termination,
such notice to be given not less than ten (10) days prior to the date specified in such
notice for the date of termination.
B. If a natural disaster or other event necessitates that Licensor begin
processing or storing debris on the Storage Area, then this Agreement shall immediately
terminate upon the delivery of notice of termination to Licensee or by posting such
termination notice on the Storage Area.
C. If Licensee shall make an assignment for the benefit of creditors, or be
placed in receivership or adjudicated bankrupt, or take advantage of any bankruptcy law,
Licensor may terminate this Agreement by giving written notice to Licensee, specifying
the date of termination, such notice to be given not less than one (1) day prior to the date
specified in such notice for the date of termination.
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SECTION FIVE
APPORTIONMENT OF PAYMENTS ON TERMINATION
A. On any termination of this Agreement, Licensor shall apportion, on a
yearly basis, the Ten Dollar ($10.00) fee paid in advance from and including the first day
of the year during which the Agreement is terminated to and including the day on which
the Agreement is terminated, and the Licensor shall refund to the Licensee the unearned
portion of such fee; provided, however, that no refund shall be given if such refund due
under this Section is in an amount less than Five Dollars ($5.00).
B. On any termination of this Agreement Licensee, shall quit the Storage
Area, and shall remove from the Storage Area all properly installed in, on, or attached to
the above-described property.
C. Any termination of this Agreement, however caused, shall be entirely
without prejudice to the rights of Licensor that have accrued under this Agreement prior
to the date of such termination.
SECTION SIX
COMPENSATION FOR DAMAGE
Licensee further agrees that they will compensate Licensor for any and all damage
that may be done to the Storage Area or the Property in carrying out the purpose
described in Section Two of this Agreement.
SECTION SEVEN
INSURANCE
Licensee agrees at all times. to carry adequate liability insurance on the Storage
Area for the benefit of Licensor and Licensee as their interest may appear, in an amount
of not less than Three Hundred Thousand Dollars ($300,000); and to pay the premiums
for such insurance and furnish Licensor with certificates from the insurance companies
for the above policy, such insurance company to be acceptable to Licensor.
It is specifically agreed that, if Licensee fails to obtain the insurance specified
above, Licensor may terminate this Agreement.
SECTION EIGHT
INDEMNIFICATION OF LICENSOR
Licensee shall exercise their privileges under and pursuant to this Agreement at
their own risk, and irrespective of any negligence of Licensor, Licensee shall indemnify
and hold Licensor harmless from and against any and all liability for damages, costs,
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losses, and expenses resulting from, arising out of, or in any way connected with, the
occupation, use, or any means of ingress to or egress from the Storage Area
by Licensee, or the Licensees, invitees, or guests of Licensee, or the failure on the part of
Licensee to perform fully all of Licensee's promises contained in this Agreement.
Licensor shall not be liable to Licensee if for any reason whatsoever Licensee's
occupation or use of the Storage Area under and pursuant to this Agreement shall be
hindered or disturbed.
SECTION NINE
INSTALLATION, MAINTENANCE AND REMOVAL OF FENCE
Licensee, and Licensee's sole expense, shall construct and maintain a good and
sufficient fence around the Storage Area for the purpose set forth in Section Two in
locations to be mutually agreed on by authorized representatives of the parties. Licensee
shall obtain approval from Orange County as to the type and height of the fence prior to
constructing the same. Licensee shall access the Storage Area from property owned by
Licensee. Licensor shall be provided keys to any gate(s) that are installed on the Storage
Area.
Licensee agrees that any such fencing will be installed in a manner as to insure
that they are safe, neat and functioning at all times. Licensee will maintain, service and
repair and keep the fence in good working order at all times. Licensee assumes all
responsibility for the repair and proper function of the fencing.
Licensee shall remove any such fencing from the Storage Area within fifteen (15)
days from the written notice to Licensee regarding the same. Upon receipt of notice from
Licensor pursuant to Section 4.B., Licensee shall immediately remove and deconstruct
the. If Licensee fails to immediately remove the fence upon receipt of notice to do so
from Licensor, Licensor may do so at Licensee's expense.
SECTION TEN
NO BUILDINGS OR STRUCTURES
Licensee shall not erect any permanent buildings or other structures (other than
the fencing described in Section Nine of this Agreement) on the Storage Area, or erect or
having erected or installed, permit to remain on the Storage Area any temporary
structures, fixtures, shelters, attachments or other things attached to or being on such
Storage Area and placed thereon by Licensee or the guests, invitees or Licensees of
Licensee. Licensee agrees that their use of the Storage Area will not cause or result in a
violation of any Orange County Ordinance.
SECTION ELEVEN
PROTECTION OF TREES
Licensee shall not cut, mutilate, or injure or permit any of Licensee's guests,
invitees, or Licensees to cut, mutilate or injure any growing tress or shrubbery on the
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Storage Area. Licensee shall not attach any fence or fencing materials to any trees or
shrubbery.
SECTION TWELVE
REMOVAL OF PROPERTY
On revocation, surrender or other termination of the permission granted by this
Agreement, Licensee shall quietly and peaceably surrender the Storage Area in as good
condition as such property was at the time of Licensee's entry on the Storage Area under
this Agreement and shall remove all livestock, fixtures and equipment, and other items
placed on such property by Licensee, and if Licensee shall fail to do so, Licensor shall
have the right to make such removal at Licensee's expense, the amount of which expense
Licensee shall pay to Licensor on demand, and, if Licensor shall so elect, it shall have the
right to take possession of and appropriate to itself without payment therefore any
property of licensee, or anyone claiming under Licensee, then remaining on the Storage
Area.
SECTION THIRTEEN
NO LANDLORD-TENANT RELATIONSHIP OR PROPERTY INTEREST
It is expressly agreed and understood that this Agreement shall not operate or be
construed to create the relationship of landlord and tenant between Licensor and Licensee
whatsoever.
Licensee expressly agrees that they do not and shall not claim at any time any
interest or estate of any kind or extent whatsoever in the Storage Area or the Property, by
virtue of the rights granted under this Agreement or Licensee's occupancy or use under
this Agreement. Licensee expressly agrees and understands that Licensor shall have the
free and continual right to enter, inspect and occupy the Storage Area at any time during
the term of this Agreement subject to the terms hereof. Nothing contained herein shall
require Licensor to obtain permission or notify Licensee prior to entering the Storage
Area.
SECTION FOURTEEN
MISCELLANEOUS
It is agreed that this Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of North Carolina.
This Agreement shall constitute the entire Agreement between the parties and any
prior understanding or representation of any kind preceding the date of this Agreement
shall not be binding upon either parry except to the extent incorporated in this
Agreement.
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Any modification of this Agreement or additional obligation assumed by either
party in connection with this Agreement shall be binding only-if evidenced in writing
signed by each party or an authorized representative of each party.
Any notice provided for or concerning this Agreement shall be in writing and
shall be deemed sufficiently given when sent by certified or registered mail if sent to the
respective address of each party as set forth at the beginning of this Agreement.
Licensee's privileges under this Agreement shall not be assignable by Licensee in
whole or in part.
In witness whereof, each party to this agreement has caused it to be executed on
the date first written above.
LICENSEE:
EAL)
LEWIS W. CRABTREE
(SEAL)
FAYE CRABTREE
LICENSOR:
COUNTY OF ORANGE, NORTH CAROLINA
By:
Moses Carey, Chair
Orange County Board of Commissioners
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EXHIBIT A
BEGINNING at an existing monument found; said monument being located S 64°
23' 15" E 345.89' from GPS Control Point "A" (N=870953.681 feet, E=1965345.617
feet); thence from said beginning point N 87° 30' 43" W an estimated 505' to a point
lying on the northern line of Faye K. Crabtree (DB 518/680); thence N 06° 15' 59" E an
estimated 490' to an existing monument found (common corner with Ira Roland Wagner
- DB 781/90); thence continuing N 06° 15' 59" E 264.69' to an existing monument
found; thence S 87° 25' 26" E 407.67' to an existing monument found; thence S 00° 45'
15" E 332.36' to an existing monument found; thence S 01° 08' 46" E 421.18' to an
existing monument found, said monument being the point and place of BEGINNING.
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