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HomeMy WebLinkAboutAgenda - 12-20-94 - IX-A rl 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. k-14 ACTION AGENDA ITEM ABSTRACT Meeting Date: December 20, 1994 SUBJECT: SADDLE CLUB ROAD SOLID WASTE SITE LEASE DEPARTMENT: PUBLIC.WORKS PUBLIC HEARING:YES: NO:XX ATTACHMENT(S): INFORMATION CONTACT: WILBERT MCADOO, Ext. 2627 Draft Lease Agreement Telephone Number- Hillsborough 732-8181 Chapel Hill 967-9251 Mebane 227-2031 Durham 688-7331 PURPOSE: To approve the form of a lease agreement between the County and Carl and Elizabeth Walters for a Solid Waste Convenience Center on Saddle Club Road. BACKGROUND: At the November 15, 1994 meeting, the Board of Commissioners gave final conceptual approval to the long-term leasing of an 8-acre site owned by Carl and Elizabeth Walters, on Saddle Club Road in Cheeks Township, as a location for a Solid Waste Convenience Center. The Board indicated that it would provide neighborhood residents with an opportunity until the end of the year to identify better alternative sites that would be readily available for site development, but in the absence of such alternatives,would pursue the planned lease agreement. A draft lease agreement, negotiated with and approved by Mr. Walters, is included for the Board's consideration. Highlights of the proposed lease include the following: 1. Property consists of 8 acre tract of land leased from Carl and Elizabeth Walters; 2. Term of lease to be for 10 years with three(3)five(5)year renewal options; a total of 25 years. 3. Rent amount to be$200 per month,with annual increases based on CPI as determined by the "US City Average-All Items-All Urban Consumers Index". 4. Buffer strip around site to be no less than 40 feet and shall consist of fencing and/or natural vegetation. 5. The County may make improvements to the site as it sees fit to ensure the proper functioning of the solid waste convenience center. Upon expiration of the lease,the fencing,concrete pads, roadway, etc. will be left on site unless the Owner requests that they be removed. Removal, if any,would be at the County's expense. 6. The Owner pays all taxes and assessments on the property,except for any additional taxes which result from the permanent improvements made to the property by the County. 7. The County will maintain liability insurance on the property to the extent of our interest for the life of the lease. The minimum coverage is$300,000. Since the leased premises is part of a larger tract of land owned by the Walters', a minor subdivision will be required pursuant to the Orange County Zoning Ordinance. The Public Works staff is working with the Planning staff to ensure that all requirements will be addressed and the proper approvals will be obtained. RECOMMENDATION: The Manager recommends that the Board approve the lease agreement,substantially in the form of the attached draft,subject to review by the County Attorney, and subject to reconsideration if a better, uncontested site is identified by December 31, 1994; and authorize the Chair to sign on behalf of the Board. 2 DZ/AFy NORTH CAROLINA LEASE ORANGE COUNTY This lease agreement entered into this day of , 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, WITNESSETH 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 an 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 an iron/rock on the east side 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 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 side 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. 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 January 1, 1995 and ending on December 31, 2005. Additionally, the County shall have the right and privilege of extending the lease for three - - - 3 17 (3) additional consecutive five-year terms, provided that notice of the exercise of such options 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 State 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 Lessee will use the premises as the site of 2 4 po, C7 a solid waste convenience center. The County will provide a buffer strip around the site of at least forty (40) feet in width through the use of fencing and natural vegetation. All improvements to the site will be made at the expense of the County. All improvements to and maintenance of the leased premises shall be solely the County's expense. Any improvements constructed or provided at the 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 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 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 premises it shall be the responsibility of the County 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 the County. Fences installed on the premises by the County shall also be maintained by the County. Any additional ad valorem taxes resulting from any permanent improvements to the 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 premises which are incident to the ownership of said 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. The 3 S /11- p Owner shall be listed as an additional insured to the extent of its interest in 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 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 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 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 waive by the county or the Owner of any breach by the other of any term, covenants, or condition hereof shall not operate as a waive of any subsequent breach thereof. • 4 6 DG � OWNER Victor Carl Walters,Jr. Elizabeth 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 foregoing lease. Witness my hand and official seal,this the day of , 1995. Notary Public My commission expires: ORANGE COUNTY BY: Moses Carey,Jr.,Chair Board of Commissioners ATTEST: (Official Seal) Beverly A. Blythe Clerk to the Board of Commissioners 5