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LAW OFFICES
COLEMAN, GLEDHILL & HARGRAVE
129 E. TRYON STREET
P O. DRAWER 1529
HILLSBOROUGH, NC 27278
919-732-2196
FAX 919-732-7997
ALONZO BROWN COLEMAN,JR.
GEOFFREY E. GLEDHILL
DOUGLAS HARGRAVE
KIM K.STEFFAN
JANET B.DUTTON
TO: Beverly Blythe
Clerk to the Board of Commissioners
Wilbert McAdoo
Director, Orange County Public Works
RE: Lease Agreement between Date: August 2, 1995
Carl and Elizabeth Walters Our File # :
and Orange County Attorney: Geoffrey Gledhill
We enclose the following copy of the above-referenced lease
which was recorded on June 8, 1995.
XX This copy is for your record. No action is
required at this time.
Please file and return copy indicating date and
time of filing.
Sign your name in each place indicated and return
original to:
Review and call in our
office.
Acknowledge before a Notary Public. Keep copy for
your records.
A copy of the enclosure has been sent to the
opposing party or counsel of record.
Please serve the Defendant(s) at
and return proof of
service to the County Clerk of Court.
Other:
Lisa S. Gammon
Legal Assistant
Enclosure
Prepared by: Pam Jones, Orange County Purchasing Director
Return to: Geoffrey E. Gledhill, Esquire, P.O. Drawer 1529,
Hillsborough, NC 27278qq
PIN 9826-87-3901
800K135 PAGE i
NORTH CAROLINA
LEASE
ORANGE COUNTY
3 . 1 . . 74 Aar
This lease agreement entered into this 1st day of March, 1995 by and
between Victor Carl Walters, Jr. and wife, Elizabeth T. Walters, of Cheeks
Township, Orange County, North Carolina, hereinafter referred to as Owner
and County of Orange, North Carolina, Hillsborough, North Carolina,
hereinafter referred to as the County,
W I T N E S S E T H
The Owner hereby agrees to lease the property described below to the
County 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
Cheeks Township, Orange County, North Carolina and more particularly
described as follows:
BEGINNING at a point on the east right of way line of Saddle Club
Road (SR 1346) , running thence the following courses and distances:
South 87 degrees 23 minutes 2 seconds East 52.79 feet to an existing
iron/rock; running thence South 2 degrees 6 minutes 30 seconds East
202.89 feet to an existing iron/rock and a control corner; running
thence South 89 degrees 12 minutes 22 seconds East 785.15 feet to an
iron pin set; running thence South 00 degrees 47 minutes 38 seconds
West 320.00 feet to an iron pin set; running thence North 89 degrees
12 minutes 22 seconds West 1143.29 feet to an iron pin set on the
east right of way line of Saddle Club Road (SR 1346) ; running thence
North 35 degrees 35 minutes 19 seconds East 324.89 feet to an iron
pin set; running thence along a counterclockwise curve with a chord
bearing of North 23 degrees 52 minutes 11 seconds East with a chord
distance of 279.90 feet and having a radius of 689.06 feet to the
point and place of BEGINNING and containing 8.0 acres per plat
entitled "Property surveyed for Orange County Public Works" dated
November 2, 1993 prepared by Callemyn Land Surveyors, which plat is
recorded at Plat Book /pi , Page Z , Orange County Registry.
Said 8 acres being part of an 88.9842 acre tract of land as recorded
in Plat Book 38 Page 93 in Orange County Register of Deeds on
January 19, 1984.
2. Term. The term of this lease shall be for a period of ten
(10) years, commencing on March 1, 1995 and ending on February 28, 2006.
Additionally, the County shall have the right and privilege of
extending the lease for three (3) additional consecutive five-year terms,
mi357 72
provided that notice of the exercise of each such option is given in
writing to the Owner not later than 60 days prior to the date of
termination of the then effective lease term. Except as herein otherwise
provided, all terms and covenants contained in this lease shall be in full
force and effect during any extension period.
3. Guaranteed Minimum Rental. The County agrees to pay to the
Owner, the guaranteed rental of $200 per month payable on or before the
10th day of each calendar month commencing with the Commencement Date
("Initial Rental Rate") . Effective on the first day of each Lease Year
after the first Lease Year ("Adjustment Date") , the Guaranteed Minimum
Rental shall be increased by the amount determined by multiplying the
Initial Rental Rate by that percentage which represents any cost of living
increase between the Commencement Date and the Adjustment Date. Such
percentage shall be determined by utilizing the applicable indices
determined by the United States Bureau of Labor Statistics (or its
successor organization) through its Consumer Price Index entitled "United
States City Average-All Items- All Urban Consumers Index". Such
adjustment shall be made effective as of the Adjustment Date, as soon as
possible after the index for the applicable month is published, with any
deficiency due and payable with the next monthly installment of rent.
Anything contained herein to the contrary notwithstanding, in the event
that the adjustment would reduce the monthly rental from the monthly
rental in effect for the preceding Lease Year, no such adjustment shall be
made and the rental then in effect shall continue through the next
Adjustment Date.
4. Improvements and Maintenance. The County shall have the right
to make any and all improvements, temporary or permanent, to the premises
as deemed necessary and desirable by the County for its use of the
premises. it is anticipated that County will use the premises as the site
of a solid waste convenience center. The County will provide a buffer
strip, within the leased premises, around the convenience center of at
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BUM 1357 r
least forty (40) feet in width through the use of fencing and natural
vegetation.
All improvements to and maintenance of the leased premises shall be
solely at the County's expense. Any improvements constructed or provided
at the leased premises shall be, upon termination or expiration of the
lease, the property of the Owner, unless the same can be removed by the
County without damage to the leased premises. Provided, however, that at
the Owner's request at the termination or expiration of the lease, the
County, at its sole expense, shall remove all such improvements and
restore the leased premises, including the removal of any trash, waste or
soils contaminated by the County's said use of the premises.
From and after the time the County takes possession of the leased
premises it shall be the responsibility of the County to maintain the
leased premises in a neat, clean and orderly condition at all times.
Roadways, parking areas, and other public access ways shall be maintained
by the County. Fences installed on the leased premises by the County
shall also be maintained by the County.
Any additional ad valorem taxes resulting from any permanent
improvements to the leased premises shall be the responsibility of the
County.
5. Taxes. The Owner agrees to pay all taxes and assessments
during the term of the lease, including but not limited to municipal,
county and state taxes assessed against said leased premises which are
incident to the ownership of said leased premises.
6. Insurance and Indemnity. The County shall, at the County's
expense, obtain and keep in full force during the term of this lease a
Comprehensive Public Liability policy with limits of no less than
$300,000/$300,000 for personal injury or death and $100,000 for property
damage applicable to the County's use of the leased premises. The Owner
shall be listed as an additional insured to the extent of its interest in
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BOOK 135 / PAGE 174
this lease. Upon request, the County will provide a certificate of
insurance.
To the extent permitted by law and to the extent provided for in
insurance contracts owned by the County, the County shall indemnify and
hold harmless the Owner from and against any and all claims arising from
the County's use of the leased premises, or from the conduct of the
County's business or from any activity, work or things done, permitted or
suffered by the County in or about the leased premises or elsewhere.
7. 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 below 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.
OWNER: COUNTY:
Carl and Elizabeth Walters County of Orange
7119 High Rock Road Public Works Director
Efland, NC 27243 PO Box 8181
Hillsborough, NC 27278
8. Parties. This lease shall be binding and shall inure to the
benefit of the parties and their heirs, successors and assigns.
9. 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 herein. 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 the County or the Owner of any
breach by the other of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach thereof.
IN WITNESS WHEREOF, the parties hereto have executed this lease as
of the day and year first above written.
4
BO (1357 EZE175
OWNER
Victor Carl Walters,
Eli Beth T. Walters
•
NORTH CAROLINA
ORANGE COUNTY
I, a Notary Public of said State and County do hereby certify that
Victor Carl Walters, Jr. and wife, Elizabeth T. Walters personally
appeared before me this day and acknowledged the due execution of the
''�fwagai ig lease.
0 GA
4.•` ��. 15pss my hand and official seal, this the a� day of , 1995.
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1►r® No ary blic
*****�G�� �CimAn expires:
ORANGE COUNTY
BY:
Moses C. '-y, Jr. , Chair
Board of Commissioners ;
ATT :
�iCkl„
'0/ / (Official Seal} t R 4e3 c2
Beverly Blythe
Clerk to the Board of Commissioners � lx,
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e
5
em1357 1'
NORTH CAROLINA
ORANGE COUNTY
I,
1_1,93_ S. (;-Qr/VriktY \ , Notary Public for said County
' and State, certify that BeverlyABlythe personally came before me this day
and acknowledged that she is Clerk to the Board of Commissioners of Orange
County, and that by authority duly given and as the act of Orange County,
the foregoing instrument was signed in its name by Moses Carey, Jr. ,
Chair, 6d with its official seal, and attested by herself as its
clecj •``S ,�GA"lifelf4t,
itnes CiAh.and and official seal, this day of Jtu/ f ,
G Ndtary Public
. ��F COVE
My cokt'Asslid expires: •
Id - f -98
NORTH CAROLINA - ORANGE COUNTY n
The foregoing certificates of Z/s� &PA m o/Y
A Notary s) Public of the d-•':nated Governmental units are. certified to be correct. Filed for registration
this the g day of 19 91 , -t ' '3 o'clock , p;ill •
in Record Book. 34'7 Pag! -1/(o Br1,4 une Ha e , Regigqr of D s
By: f AA41r -1`)
Return: Assistant/Deputy
Register of Deeds
•
08 . UN 1098, t 0 2 n '�0: ;34i°71
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