Loading...
HomeMy WebLinkAboutAgenda - 06-29-1993 - III-R 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. .17 '_'R ACTION AGENDA ITEM ABSTRACT Meeting Date: June 29, 1993 . SUBJECT: LEASE; SITE OF RADIO TOWER AT CEDAR GROVE FIRE STATION DEPARTMENT: PURCHASING AND CENTRAL SERVICES PUBLIC HEARING:YES: NO: ATTACHMENT(S): INFORMATION CONTACT: PAM JONES, ext. 2650 LEASE Telephone Number- Hillsborough 732-8181 Chapel Hill 967-9251 Mebane 227-2031 Durham 688-7331 PURPOSE: To consider a lease with the Cedar Grove Fire Department for property to be used as the site of a radio tower. BACKGROUND: On March 23, 1993 the Board approved a bid for a 170'self-supporting radio tower to be erected at Cedar Grove Fire Station#2. As you may recall,this was part of a recommendation which resulted from a study conducted by RF Projects, regarding radio coverage for the County's emergency service providers. You may further recall that the solution to the problem of communication "dead spots" involved several components, among them receiving allocation of additional radio frequencies from the Federal Communications Commission to be used in conjunction with "voting receivers". You may be interested to know that this process is moving along expeditiously. Clearance for use of the frequencies has been obtained from the coordinating agencies and has been submitted for final review to the FCC. A final determination from the FCC is anticipated within the next few weeks. The proposed lease will complete the process necessary to begin erection of the tower. Highlights of this lease include the following: 1. Lease term is fifty (50) years, with an option for one renewal. 2. Rental amount is $1.00 per year. 3. The County will erect the tower and fence the tower area (approximately 625 square feet). 4. The County will maintain the tower and everything within the fenced area. 5. Should the Fire District cease to operate, the County will be graned a permanent easement for the tower site and access to the tower site. 6. Cedar Grove Fire Department will allow the County to locate the radio transmitters and necessary equipment inside of the Fire Department building. 7. The County will install an emergency generator to operate the equipment in the event of power failure; and will allow the Fire Department to connect their critical load to the extent possible based on generator capacity. 8. The County will insure the tower and the equipment to the extent of our interest. RECOMMENDATION: The Manager recommends that the Board approve the lease and authorize the Chair to sign on behalf of the Board. DATE irEM yzz-- NORTH CAROLINA ORANGE COUNTY LEASE This lease agreement entered into this 29th day of June, 1993 by and between the County of Orange, North Carolina (County) and the Cedar Grove Fire Department (Fire Department) , W I T N E S S E T H Fire Department 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, located in Cedar Grove Township, Orange County, North Carolina and more particularly described as follows: Beginning at a point (1) in the centerline of rural paved road 1508 ; said point being the same as the S.W. corner of the Cedar Grove Fire Department property as described in the deed from C.B. Pope, Jr. and wife, Mary Francis Hawkins Pope, recorded in Book 283, Page 864, at the Orange County Register of Deeds, thence N 7 deg. 00 ' E 180. 0 ' +/-. to a point (2) on the property line of Cedar Grove Fire Department; thence South 83 deg. 00 ' E 80. 0 ' +/- to a point (3) ; thence continuing S 83 deg 00' E 25. 0' to a point (4) ; thence S 7 deg. 00' W 25. 0 ' to a point (5) ; thence N 83 deg 00 ' W 25. 0' to a point (6) ; thence N 7 deg 00 ' E 25. 0' to a point, the same point as point (3) containing approximately 625 sq. ft. and being the site of the radio tower on the property of Cedar Grove Fire Department and located to the rear of the fire department building. 2 . THE TERM. The lease will commence on the first day of July, 1993, and shall exist and continue for a term of fifty (50) years thereafter. The County shall have the option to renew this lease for one additional period of fifty (50) years under the same terms and conditions thereof. 3 . THE RENT. The rental for the use of said premises shall be the sum of ONE DOLLAR ($1. 00) PER YEAR, payable on or before each anniversary date of this lease to the order of the Cedar Grove Fire Department, and forwarded to the Board of Directors of the Department at the address hereinafter set forth. 4. IMPROVEMENTS, EQUIPMENT AND MAINTENANCE. The County shall have the right to make any and all improvements, temporary or permanent, to the leased premises as deemed necessary and desirable by the County for its use of the leased premises. The leased premises will be used for the erection of a self-supporting radio tower, approximately 170 feet in height. It shall be the responsibility of the County to fence the tower site to restrict access by the general public. All improvements made to the leased premises shall be made at the expense of the County. The County and the Fire Department agree that the Fire Department shall allow the County to locate radio transmitters and other equipment associated with the operation of the tower inside of the Fire Department building. The County and the Fire Department further agree that the Fire Department building may be connected to the emergency generator owned and maintained by the County, to the extent capacity of the generator allows. 5. INSURANCE AND INDEMNITY. The County shall, at the County's expense, obtain and keep in full force during the term of this lease and any renewals thereafter, a Comprehensive Public Liability policy of insurance with limits of no less than $1, 000, 000/$1, 000, 000 for personal injury or death and coverage for property damage resulting from the tower. Upon request, the County shall provide proof of this coverage to the Fire Department. 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 Fire Department from and against any and all claims arising from the County's use of the premises. 6. 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. COUNTY: County of Orange Director of Purchasing and Central Services PO Box 8181 Hillsborough, NC 27278 FIRE DEPARTMENT: Cedar Grove Fire Department Board of Directors Rt. 1 Cedar Grove, NC 27231 7. PARTIES. This lease shall be binding and shall inure to the benefit of the parties and their successors. In the event the Fire Department should cease to own this property at any point during the term of the lease, the Fire Department agrees to ensure that as a condition of sale, the County is granted a permanent easement to include the tower site as well as access from State Road 1508 to the tower site. 8. 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 waiver by the County or by the Fire Department of any breach by the other of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach thereof. 0131C I. �AL CIG NATURES CEDAR GROVE FIRE DEPARTMENT, INC. B CHAI 0 THE BOARD CED GROVE FIRE DEPT. ATTEST: • Secretary ORANGE CO Y, NORTH C'.70LINA BY: I 1 / // , M S S CAREY, JR. , CHA ORANGE COUNTY By- P OF COMMISSIONERS ATTE /au' io- i ' ! 4111‘4PC' / =everly •, . Blythe, - lerk to the Board of Commissioners (SEAL) STATE 'OF NORTH CAROLINA COUNTY OF ORANGE I 'Ko°( le, I-ee c, C - Uca1/4.seC' , Notary Public of C nty and State aforesaid , certify that L u∎/ , (A.Lorl ) c personally appeared before me this day and acknowledged that he or she is the Secretary of the CEDAR GROVE FIRE DEPARTMENT, INC. , and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Board of Directors, and attested by him or her as its Secretary. Witness my hand and notarial seal, this the 3c -) day of ik . IP fe.CeL(r r 1993 . 1,—* 0 , C-.. Z z o ary •ublic My commission expires: I� -.2. -G8 STATE OF NORTH CAROLINA ORANGE COUNTY I, A` \ec Cc .(z eC, a Notary Public for said County and St e, certify that Beverly Blythe personally came before me this day and acknowledged that she is the 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, sealed with its official seal, and attested by herself as its Clerk. Witness my hand and official seal, this the day of - . � , 1993 . t,-: ,_,QL4 C, Aeft. 0 No y Public my commission expires: { . 2 - ci e