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HomeMy WebLinkAboutLease Agreement between Orange County and Nutter Family Limited Partnership III ORIGINAiL SIGNATURES Maple View Soccer Field Lease Page 1 COPY +M 3 NORTH CAROLINA DIST.-�GG P L'C�: ORANGE COUNTY LEASE AGREEMENT This lease agreement entered into this 6th day of March, 2002, by and between the Nutter Family Limited Partnership III, 3111 Dairy Land Road, Hillsborough, NC, Orange County, North Carolina, hereinafter referred to as "Owner" and the County of Orange, North Carolina, Hillsborough, North Carolina, a body politic and corporate pursuant to North Carolina General Statutes 153A-11, PO Box 8181, Hillsborough, North Carolina, hereinafter referred to as "County", WITNESSETH: The Owner hereby agrees to lease the property described below to the County for the purpose of developing a soccer field for public play 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, being all of Parcel B as shown on the plat entitled "Final Plat Subdivision for Maple View Farm Soccer Field—Orange County Lease", dated August 7, 2001, last revised November 9, 2001, as drawn by James H. Holland, Jr., P.L.S. of Holland Land Surveying, and recorded in Plat Book 89, Page 59, Orange County Registry, attached as Exhibit A, hereinafter referred to as "Premises". 2. Term. a. This Lease shall commence on the 6th day of March 2002 and unless sooner terminated as herein provided shall exist and continue for a term of ten (10) years. b. County shall have the option to renew this lease for two (2) additional terms of five (5) years each. The terms and conditions herein set forth shall apply during each renewal term, except as otherwise provided in this lease. County shall exercise its right of renewal with respect to a renewal term by giving Owner written notice thereof not later than six (6) months prior to the expiration of the then-current term. If any renewal notice is not given timely, then, at Owner's election, County right of renewal shall lapse Maple View Soccer Field Lease Page 2 and be of no further force or effect. If County is in default under this lease on the date County sends a renewal notice or any time thereafter until a renewal term is to commence, then, at Owner's election, such renewal term shall not commence and the term of this lease shall expire at the expiration of the then-current term of this lease. County's right of renewal under this lease may be exercised only by County and may not be exercised by any transferee, sublessee or assignee of County. 3. Rental. The rental for the use of said premises shall be the sum of one dollar ($1) per year, payable on or before each anniversary date of this lease. 4. Acceptance and Use of Premises. County agrees to accept the premises as they now exist with no obligation on the part of Owner to make any improvements thereto, and agrees during the term of the lease not to make any unlawful use of the premises, and to use the premises only for public purposes authorized by law. Any and all improvements contemplated and/or undertaken by County pursuant to this Lease shall be at the sole expense of County without reimbursement or contribution by Owner. 5. Taxes. County agrees and covenants to reimburse Owner for any ad valorem or property taxes, assessments, or public charges on the premises, and on any improvements located on said premises. The reimbursement shall be made within a reasonable time after Owner presents County a copy of paid bills or other suitable documentation. 6. Operation. The property hereby leased shall be operated by County entirely free of control and direction of Owner, subject to the conditions herein contained. The relationship herein created is strictly the relationship of landlord and tenant, it being understood that the parties are not principal and agent. 7. Nuisances. County agrees not to commit or permit any nuisance on the property hereby leased. County further agrees throughout the term of this Lease Agreement, at its own expense, to promptly comply with the lawful requirements of every applicable statute, law, ordinance, regulation or order by any federal, state, county municipal or other public body, department, commission, bureau or officer with respect to the use and occupancy of the premises. Provided, • Maple View Soccer Field Lease Page 3 however, County may, at its own expense, contest the validity of any statute, law, ordinance, regulation or order. Any noncompliance of such statute, law ordinance, regulation or order by County during such contest, provided such contest shall be diligently pursued, shall not be deemed a default under this lease provided that County shall comply with any final order or judgment of any Court of jurisdiction unless stayed during appeal thereof. 8. Assignability. County shall not assign, sublet or license the leased premises without the prior written consent of the Owner, which consent shall not be unreasonably withheld. County shall not assign, sublet, or license subject property for purposes other than for specific use as a public soccer field. 9. Screening, Landscaping, Buffers and Setbacks. County agrees to leave or provide natural screening, landscaping and buffers all as required by the Orange County Zoning Ordinance and Sub-division Regulations. Further, County shall comply with setback requirements as stated in the Declaration of Development Restrictions and Requirements, recorded concurrently with Maple View Farm Soccer Field (Orange County Lease) Subdivision in the Orange County Registry, Book 2443 Page 594, attached as Exhibit B. 10.Improvements. Subject to such approvals as may be required by the state, county, municipal or other public body, County shall have the right and option to construct, or cause to be constructed on said premises, such structures or other improvements as it deems appropriate for carrying out the permitted uses of the property, and to remove or replace any or all of said structures during the term of this lease or any renewal thereof, and any and all said improvements shall be and remain the property of the County. During the term of this lease or any renewals thereof, in making said improvements, County shall have the right to clear, grade or fill any part of the demised premises necessary to render said area usable for County purposes and operations. Provided, however, no part of the premises may be used for disposal of wastes of any kind. At the expiration or termination of this lease or any renewals thereof, Owner may require County to remove at County's expense and within a reasonable time, any improvements constructed on the premises by County, and Maple View Soccer Field Lease Page 4 grade to ground level. Any improvements not removed at the request of the Owner shall become the property of and owned by the Owner. County further agrees it will, at the expiration or termination of this lease or any renewals thereof, surrender the leased premises in good condition, damage by the elements, fire or other casualty excepted. This agreement specifically includes cleaning up the premises of any debris, trash, building scraps, etc., in addition to any other restorations, repairs or work necessary. 11.Breach of Agreement. In the event County should breach any of the covenants or conditions set forth herein, then and in that event, upon 45 days written notice by Owner, specifying said failure or default, and in the event said failure or default has not been remedied within said 45 day period, Owner, at its election, may terminate this lease. 12.Notices. All notices herein provided to be given or which may be given by either parry to the other shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage pre-paid and addressed as follows: For the Owner: Nutter Family Limited Partnership III Attn: Robert Nutter 3111 Dairy Land Road Hillsborough, NC 27278 For the County: County of Orange, North Carolina Attn: Director of Purchasing and Central Services PO Box 8181 Hillsborough, NC 27278 Nothing herein contained shall preclude the giving of such written notice by personal service. The address to which notices shall be mailed by either party may be changed by written notice given to such other party by the other as hereinbefore provided. 13.Strict Performance. The failure of either party to insist in any instance upon strict performance of any of the terms and conditions of the Agreement shall not be construed as a waiver of the right to insist upon strict performance in any other Maple View Soccer Field Lease Page 5 instance. No modification of any provision of this lease and, in the absence of a breach of the Agreement, no cancellation or surrender of the premises in this lease during the term of this lease shall be valid unless in writing and signed and agreed to by both parties. 14.Acceptance by Lessee. By accepting this Lease, County agrees to be bound by all of its terms and conditions. IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year first above written. Owner: BY: aav� Nutter Family Limited Partnership III, By Robert Nutter, a partner Orange County: BY: arty Ja air Oran County d of ommissioners Attest: Beverly A. BI he Clerk to the Board This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Ke neth Chavious, County Finance Director Maple View Soccer Field Lease Page 6 NORTH CAROLINA ORANGE COUNTY I, . , Notary Public for said County and State, certify Nat Robert Nutte , a partner in utter Family Limited Partnership, III, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the partnership. Witness my hand and official seal, this the A�2�day of 2002. NotaryCOublic My commission expires: STATE OF NORTH CAROLINA ORANGE COUNTnY I, a�c 4at 1"a c i a , a Notary Public for said County and State, do hereby certify Bever y A. Blythe personally appeared before me this date 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 Barry Jacobs, Chair, sealed with its official seal, and attested by herself as its Clerk. Witness my hand and official seal, this the Y"'day of 4. , 2002. No P i My Commission expires: 01A b} 3) o06 +'