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HomeMy WebLinkAboutAgenda - 02-09-2006-5iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 9, 2006 Action Agenda Item No. S-j SUBJECT: Lease: Highway 57 Solid Waste Convenience Center Site DEPARTMENT: Purchasing and Central PUBLIC HEARING: (Y/N) No Services ATTACHMENT(S): Lease INFORMATION CONTACT: Pam Tones (919) 245-2652 Terry Edmonson (919) 245-2637 PURPOSE: To consider approving a bi-monthly (renewable 2-month terms) lease for property that is the current site of the solid waste convenience center on Highway 57. BACKGROUND: Since 1986 the County has leased cone-acre parcel of land on Highway 57 for use as a solid waste convenience center. Leases have been renewed every five years, with the current lease extension set to expire on March 31, 2006, The property has recently sold and the current property owner is not interested in a long-term lease to the County for this purpose, The new owner has agreed, however, to execute a lease with the County under the following terms and conditions: • Lease term to be bi-monthly, renewable sa long as bath parties agree to renew; • Lease will terminate upon 60-days notice by either party to the other; • $500 per month ($1,000 for each bi-monthly term);, • Upon conclusion of the lease, the County will remove any trash, waste or sails contaminated by the County's use of the premises and be responsible as provided by law for any environmental damage to the Property resulting from its lease of the Property and the use of it for a Solid Waste Convenience Center since April 1986. The County will continue to explore alternatives to this location and will bring forward viable opportunities for Board consideration as they become available. FINANCIAL IMPACT: The County will be responsible for paying $500 per month ($1,000 bi- monthly) for this site, The current rate is $250 per month. RECOMMENDATION(S): The Manager recommends that the Board approve the lease pursuant to the terms and conditions cited herein; and authorize the Chair to sign on behalf of the Board, Prepared by and return to: Geoffrey E. Gledhill, P.O. Drawer 1529, Hillsborough, NC 27278 NORTH CAROLINA ORANGE COUNTY LEASE AGREEMENT This lease agreement entered into this day of by and between Central Carolina Development Corp., hereinafter referred to as Owner and Orange County, North Carolina, hereinafter referred to as the County, WIZNESSETH The Owner hereby agrees to lease the property described below to the County upon the following terms and conditions: The Prooertv. The property herein leased is a tract and parcel of land, together with all improvements located thereon, located in Hillsborough Township, Orange County, North Carolina and more particularly described as follows: BEGINNING at an iron (control comer) in the West right-of--way line of N.C, Highway 57, said point having North Carolina Grid Coordinates NAD83 -North 857,821.81 and East 1,970,661.79 feet and running thence North 75 deg. 02' 09" West 107,22 feet to an iron; thence South 31 deg. 04' 26" West 70.34 to an iron; thence South 45 deg. 1.3' 24" West 160.13 feet to an iron; thence South 20 deg., 24' 2.3" East 53.40 feet to an iron; thence South 62 deg. 25" 11' East 122,40 feet to an iron; thence South 39 deg. 44' 18" East 70,63 feet to an iron in the West right-of--way line of N.C. Highway 57; thence with said right-of--way line the following courses and distances: North 14 deg.. 57' S 1 East 67.55 feet to an iron; thence North 14 deg,. 57' East 210 feet to the point and place of'beginning and containing 1 acres, more or less, per' the plat entitled "Recombination Property Surveyed for Orange County Public Works" dated March, 2005, prepared by Alois Callemyn, P.L.S., a copy of which plat is attached as Exhibit A hereto, and which plat is recorded at Plat Book 97, Page 41 of the Orange County Registry. 3 2 Term. The lease will commence on March .31, 2006, and will continue through May .31, 2006 ("Term"). The lease shall be automatically renewed for consecutive two (2) month terms ("Renewal Term(s)") unless and until either party provides written notice of an intent to terminate or not to renew, which notice shall be given not less than sixty (60) days prior to the expiration of the then current Term or Renewal Term.. Fach Renewal Term shall begin on the expiration date of the Term or previous Renewal Term. The same terms and conditions contained in this lease shall govern the Renewal Ternrs. 3. Guaranteed Rent. The County agrees to pay to Owner the guaranteed rental of $1,000 ($500/month) per Term or Renewal Term payable on or before the 10°i day of the first full calendar month of the then current Term or' Renewal Term.. 4, Improvements and Maintenance. The County shall have the right to enter the property upon the execution and the recording ofthis lease agreement and prior to the effective date of this lease and thereafter during the lease Term, or any Renewal Term, to make any and all improvements to the premises as deemed necessary and desirable by the County for its use of the premises. The County will use the premises as the site of a Solid Waste Convenience Center. All such improvements which are made to the premises which cannot be removed without damage to the premises shall become apart of the premises and upon the termination ofthis ]ease shall be the property of Owner. Provided, however, at Owner's request at the termination or expiration of the lease, the County, at its sole expense, shall remove all such improvements and shall remove any frash, waste or' soils contaminated by the County's 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. Fences and natural vegetation buffers installed on the leased premises by the County shall also be maintained by the County. 5. Taxes. 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 the leased premises that are incident to the ownership of the leased premises. Any additional ad valorem taxes resulting fiom any permanent improvements to the leased premises shall be the responsibility of the County. `t' 6. Insurance and Indemnity. The County now maintains, at the County's expense, a Comprehensive Public Liability policy with limits of greater than $300,000/$300,000 for personal injury or death and greater than $100,000 for property damage applicable to the County's use of the leased premises. Owner shall be listed as an additional insured on any such insurance policy if permitted by the North Carolina Association of County Commissioners Insurance Pool. Upon request, the County will provide Owner a certificate of insurance. The foregoing shall not be deemed a waiver of governmental immunity by the County. This lease shall not create in the public, or in any person or entity other than Owner, any rights as a third party beneficiary. The County has used the Property for a Solid Waste Convenience Center since April 1986. The County is responsible to any local government, the State of North Carolina and the federal government or agency of any such government for any environmental damage to the Property and its clean up as provided by law. Nothing in this lease alters or abridges any such County responsibility that is provided bylaw. 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 four (4) days subsequent to mailing. OWNER: Central Carolina Development Corp. COUNTY: Orange County, North Carolina Purchasing Director P.O. 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, including Exhibit A and the subordination statement that is attached and incorporated as Exhibit B, contains the entire agreement of the parties and there are no representations, inducements, or other provisions other than those expressed herein. All 3 5 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 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. OWNER By: Central Carolina Development Corp.. Title: ORANGE. COUNTY, NORTH CAROLINA By: Barry Jacobs, Chair Board of Commissioners ATTEST: (Official Seal) Donna S, Baker Clerk to the Board of Commissioners NORTH CAROLINA ORANGE COUNTY I, a Notary Public of said State and County do hereby certify that personally appeared before me this day and acknowledged he/she is of Central Carolina Development Corp,, a North Carolina corporation, and that he/she as ,being authorized to do so, executed the foregoing on behalf of the corporation.. Wifiess my hand and official seal, this the day of , Notary Public My commission expires: 4 l~ NORTH CAROLINA ORANGE COUNTY I, a Notary Public of the County and State aforesaid, certify that Donna S, Baker personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. 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