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HomeMy WebLinkAboutAgenda - 12-06-1982 ORANGE COUNTY, NORTH CAROLINA BOARD OF COMMISSIONERS REGULAR MEETUG MONDAY, DECEMBER 6, 1982 10:00 A.M. COMMISSIONERS ROOM ORANGE COUNTY COURTHOUSE HILLSBOROUGH, NORTH CAROLINA A. MINUTES November 16, 22, 1982 B. RESOLUTION OF APPRECIATION AND COMMENDATION...Commissioner Gustaveson C. OATHS OF OFFICE FOR BOARD MEMBERS D. BOARD ORGANIZATION E. APPOINTMENT OF COUNTY MANAGER, CLERK TO THE BOARD AND COUNTY ATTORNEY F. BOARD COMMENTS G. AUDIENCE COMMENTS 1. Matters on the printed agenda 2. Mattes not on the printed agenda D. BOARD DECpIONS 1. Appointments 2. Road Addition--Carolina Forest:and Carolina Forest Court 3. Road cidition--Coachway and Overland Passage 4. Tax Refund/Release Requests 5. Bond Review 6. Front, End Loader Bid 7. NorthOde Bids 8. Leas O Agreement--Cedar Grove Day Care Center 9. Leas Agreement--Ryconeechee Regional Library 10. Leas Agreement--Carr Mill Mall Health Department Offices 11. Exec9tive'Session--Property Matterg ° MINUTES DECEMBER 6, 1982 ° ° The Orange County Board of Commissioners met in regular session on Monday, December 6, 1982, at 10:00 A.M. in the Commissioners' Room, Orange County Courthouse, Hillsborough, North Carolina. Commissioners present: Chairman Richard E. Whitted, and Commissioners Norman Gustaveson, Shirley L. Marshall , Norman Walker and Don Willhuit, A. MINUTES Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to , approve the Minutes of November 16, 1982, as submitted. Vote: Ayes, 5; noes, V. Commissioner Marshall moved, seconded by Commissioner Nillhnit, to approve the Minutes of November 22, 1982^ as corrected. Vote: Ayes, 5; noes, D. " Q. RESOLUTION OF APPRECIATION AND COMMENDATION Commissioner Nhllhuit moved, seconded by Commissioner Marshall, to , adopt the Resolution of Appreciation and Commendation for Commissioner Norman • F. Gustaveson. Vote: Ayes, 4; noes, O. Chairman Whitted read the Resolution for Commissioner Gustaveson (the • Resolution is attached to these Minutes and is on pagea~4u I of this Book). o Co=issinner Gustaveson thanked fellow Commissioners Anrshall, al|mr, . Whitted and Willhoit for the Resolution and said the County had accomplished o a lot in the past several years and he Was proud to have been a part of that o growth. Commissioner Gustaveson said the County had a good staff and he had " enjoyed working with it Chairman Whitted presented the framed Resolution to . Commissioner Gustaveson, C. OATHS Mr. Frank Frederick, Clerk of Court, administered the oaths of office • to newly elected and re-elected Commissioners Ben Lloyd and Norman Walker, ^ respectively. (The signed oaths are on permanent file in the office of the , Clerk to the Board and copies are included on pages �394418f this Book.) Judge Patricia S. Hunt administered the oath of office to newly elected • Commissioner Shirley E. Marshall . (The signed oath is on permanent file in the office of the Clerk to the Board and a copy 1n included on page ?-4// of this • ▪ Book.) 233~~~~ �� � � ~^ ~ D. BOARD ORGANIZATION The Board elected Richard E. Whitted Chair until December 5, 1983; the vote was: Richard E. Whitted, 3 (Commissioners Marshall , Whitted and Willhoit); Ben Lloyd, 1 (Commissioner Walker); Norman Nalker,' l (Commissioner Lloyd). The Board elected Don Willhoit Vice-chair until December 5, 1983; Marshall, Whitted and Willhoit); the vote was: Don Willhoit, 3 (Commissioners '. 8en Lloyd, 1 (Commissioner Wa lk er); N orman Walker, 1 (Commissioner Lloyd). E. APPOINTMENT Commissioner Marshall moved, seconded by Commissioner Willhoit, to appoint Kenneth R. Thompson County Manager. Vote: Ayes, 5; noes, O. Commissioner Willhoit moved, seconded by Commissioner Marshall , to appoint Paulette Pridgen-Pund .Clerk to the Board. Vote: Ayes, 5; noes, O. Commissioner Willhoit moved, seconded by Commissioner Marshall , to con- tinue the County's association with the firm of Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave for services as the County Attorney. Vote: Ayes, 5; noes, D. F. BOARD COMMENTS Chairman Whitted announced that Mr. James Hester, County Parks and Recreation Staff, had a group of young people observing the Commissioners' meeting today as part of Youth Involvement Week. Commissioner Lloyd said that he was seated on the Board and intended to work in as harmonious a relationship with the other Members as was possible in the best interests of Orange County. G. AUDIENCE COMMENTS There were none. H. BOARD DECISION ITEMS 1. Appointments: , Decisions on the Nursing Home Advisory Council, Energy Commission, and Planning Board were delayed until the January Board meeting. Youth Services Needs Commissioner Marshall moved the appoint- ment, seconded by Commissioner Willhoit, of Hilliard Caldwell to this Task Force. »ntp: Ayes, 5; noes, O. Commissioner y1llno{t seconded by Commissioner Marshall , to appoint Donna Spielvogel, Valeria Laws, Marci McFarland and John Blanchard to this Task Force. Vote: Ayes, 5; noes, U. 91■ 234 Commissioner Walker moved, seconded by Commissioner Willhoit, to have Commissioner Lloyd assume those committees' duties held by former Commissioner Gustaveson except for those appointed by State or National Associations. Vote: Ayes, 5; noes, O. Commissioner Willhoit moved, seconded by Commissioner Whitted, to appoint Commissioner Marshall to the Youth Services Needs Task Force as Commissioners' representative. Vote: Ayes, 5; noes, O. Commissioner Whitted moved, seconded by Commissioner Marshall , to reappoint Commissioner Walker Fire Commissioner of the County, Vote: Ayes, 5; noes, O. Commissioner Whitted moved, seconded by Commissioner Willhoit, to appoint Commissioner Marshall alternate delegate to the Triangle J COG- Vote: Ayes, 5; noes, D. Commissioner Whitted asked Commissioner Marshall to attend the January meeting in his place as he had a previous engagement; the Clerk was asked to notify Triangle J COG of this appointment and that Commissioner Marshall would be attending the January meeting. 2. Carolina Forest Road and Carolina Forest Court Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve the addition of Carolina Forest Road and Carolina Forest Court to the State Secondary Road System, Vote: Ayes, 5; noes, O. 3. Coachway and Overland Passage Commissioner Marshall moved, seconded by Commissioner Willhoit, to approve the addition of Overland Passage and Coachway to the State Secondary Road System. Vote: Ayes, 5; noes, O. 4. Tax Releases/Refunds Requests Mr, Kermit Lloyd, Tax Supervisor, summarized the reasons for each release or refund request (please see pages ,i~'Wrof this Book f or those summaries). The Board deferred action on Brujest, Inc. and Cecil H. Riley until December 14, 1982, in order that the taxpayers may be present; the Clerk was asked to notify Brujest and Mr. Riley of this action. E & E Develo,ers of Chu"el Rill, Inc,: Commissioner Willhoit moved, seconded by Commissioner Marshall, to reduce the 1981 valuation of E & E Developers, ' of Chapel Hill, Inc., to $1,369,831 from $I,529,542 as ordered by the NC Property Tax Commission. Vote: Ayes, 5; noes, 0. ���- 91E 35 Pearl H. Riley: Commissioner Walker moved, seconded by Commissioner Willhoit, to approve refunding the excess taxes paid for 1980, 198I and 1982, as the result of an error in listing the size of the tract (listed as 6.12 acres rather than' the correct 4.12 acres). Vote: Ayes, 5; noes, O. Rojo, Inc.(D/B/A Tarheel Car Wash): Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve the Tax Supervisor's recommendation that the Tarheel Car Wash machinery and equipment be reduced to $95,500 based upon a March 2, 1981 appraisal of the property and an error in listing by Rojo, Inc. Vote: Ayes, 5; noes, O. Roy L. and Violet Smith: Commissioner Walker moved, seconded by Commis- sioner Whitted, to approve the Tax Supervisor's recommendation to deny the release for 1981 based on North Carolina General Statutes I05-322 (g) (1) (c), and 105-287 (a). Vote: Ayes, 5; noes, U. 5. Review of Bonds: Sheriff; Re,ioter of Deeds and Clerk of Court Mr. Mark Rees, Purchasing and Central Services Officer, told the Board its review and approval of bonds for the Sheriff, Register of Deeds and Clerk of Court is required by North Carolina General Statutes 182-8; 162-9 and 128-8. Commissioner Willhoit moved, seconded by Commissioner Marshall , to approve the Manager's recommendation that the bonds be approved for the Sheriff (for $6,000); Register of Deeds (for $25,000) and the Clerk of Court (for $100,000). Vote: Ayes, 5; noes, O. 6. Front End Loader Bids: Mr. Rees presented the bid results on the front end loading garbage truck (those results are on page *160 of this Book). Commissioner Marshall moved, seconded by Commissioner Willhoit, to approve the awarding of the contract to purchase a front end loading refuse truck to Worth-Keeter, Inc. of Charlotte for $77,907.00 based on its being the lowest responsible bidder and contingent upon financing arrangements. Vote: Ayes, 5; noes, O. 7. Northside Bid Results (TheCenterfnr Adolescent Day Treatment Program): Mr. Rees presented the bid results on the Adolescent Day Treatment Center , for plumbing, HVAC, electrical and general contracting (those complete bid results ` are on page 015,1 of this Book). Commissioner Willhoit moved, seconded by Commissioner Marshall, to award , the general contract to Traid, Inc. of Durham for $70,600.00; the Plumbing con- , tract to Worth Plumbing, of Durham for $11,130,00; the HVAC contract to Lee Air 91E1 236 Conditioning, of Durham for $14,780.00; and the Electrical contract to RVM . Electrical Company of Hillsborough for $9,957'00 and to authorize the Chair . to sign the contracts. Vote: Ayes, 5; noes, D. 8-10 Lease Agreements: Cedar Grove Day Care, Hyconeechee Regional Library and Health Department at Carr Mill Mall Commissioner Nillhoit suggested an addition to the Hyconeechee Library ' Lease; that Section 7 on page 10 should have a (K) to the effect that fire doors ' are not to be blocked. Commissioner Nillhoit moved, seconded by Commissioner Marshall, to approve ' all three leases with the one change noted and to authorize the Chair to sign them Vote: Ayes, 5; noes, O. A property matter, originally to be discussed in executive session was, on the advice of the County Attorney, considered in open session. Assistant County Ma nager Bill Laws told the Board that the C oun ty was deeded a piece of property behind the Courthouse by Ms. Annie Riley Obie but that she retained a lifetime use of the property. Ms. Obie has deeded, through her daughter Naomi Riley Bell, her interest in the house sited on the property to ` M• r. John Sealye, Nr. Sealye wishes to remove the house from the property and ' r• estore the house for historic purposes. Mr. Laws told the Board that since the County owns the property it must in accordance with General Statutes dispose of ' p• roperty in one of th ree ways: 1) sealed bid; 2) pu bli c auction; and, 3) negotiated ' o• ffer with upset bid. Mr. Sealye asked that the County make an exception in this particular instance since he had estimated about $8,000 to move the house, much more than ' i• t is worth. Chairman Whitted told Mr. Sealye that the County does not have that ' f• lexibility under North Carolina General Statutes, Chairman Whitted continued saying, the County Attorney should do two things: ' 1• ) establish a procedure for determining the County's interest in the house; and` 2) ^ o• btain from Ms. Obie a release of her interest in the real property. Commissioner Willhoit moved, seconded by Commissioner Lloyd, to have the ' A• ttorney accomplish (1) and (2) above and to dispose of the house via a negotiated o• ff"' '..!th upset bid; removal of the house contingent upon its being restored for ' h• istoric purposes. Vote: Ayes, 5; noes, O. Announcement: Chairman Whitted announced that the Board would host a r• eception and dinner on Thursday, December 9th at the Carolina Inn for Municipal ���_- «���C ~_- 1° officials and the County's Legislative delegation. Chairman Whitted also reminded the audience that the Board's meeting of December 21st had been rescheduled for December 14th and the remainder of the Board's meeting for December were cancelled. ll' Executive Session: / ^ Commissioner Marshall moved, seconded by Commissioner Willhuit, to go `° into executive session to discuss property matters' Vote: Ayes, 5; noes, O- '^ Following the executive session the Board convened in open session; the Chairman said that the Board had been negotiating with the Town of Hillsborough for the purchase of property in Northern Fairview to be used as a Community Park. ; ^ Commissioner Willhoit moved, seconded by Commissioner Marshall , to authorize the Chair to enter into the agreement with the Town of Hillsborough for the purchase of land in Northern Fairview for use as a Community park. Vote: Ayes, 5; noes, O. With no further business to come before the Board, Commissioner Marshall ) moved, seconded by Commissioner Whitted, to adjourn. Vote: Ayes, 5; noes, 0. .° '^ Richard E. Whitted, Chair ° Paulette Pridgen-Pond, Clerk .° ■° L L. /^ L. ' `" ` . L. }. >. 921 _..__. . 238 tom,. ////c-' /r'i - 2' 1. ORANGE COUNTY BOARD OF COMMISSIONERS I-CLLSSOROUGFi,N()norm CAROLINA RESOLUTION OF APPRECIATION AND COMMENDATION For N'LT n-tarc .r 0115fa Zaxt WHEREAS,Norman F.Gustaveson was nominated by the voters of Orange County to the Boatel of Commissioners in the Democratic Primary of May 7.1974;and, 'WHEREAS,he was elected by the voters of Orange County to the Board of Commissioners in the General Election of November 1974;and. WHEREAS,the voters of Orange County returned him to this Board in the Primary and General Election of November 1978; and. WHEREAS,he bas served with distinction,dedication and great compassion on that body for eight years,always demonstrating a keen insight into the concerns of Orange County citizens and the problems of County Government and seeking at all tinter a path towards better local government;and. WHEREAS,since first assuming office in 1974.Norman F Gustaveson has served well all the dozens of Orange County both as a member and vice chair of this Board,and,in addition,has given generously of his time,talent and special knowledge through his service on the Human Services Advisory Commission.the Energy Conservation Task Force,the Emergency Medical Services Council, the Triangle J COG Land Use Advisory Committee, the National Association of Counties Task Force on Thermal Efficiency Standards,and NACo Environment and Energy Steering Committee and many other committees,councils.and commissions on the local.state and national level and has promoted and helped.through his many activities,to develop many progressive changes in all aspects of Orange County Government NOW THEREFORE,BE IT RESOLVED,that the Board of Commissioners,acting through is members on behalf of the citizens of Orange County,takes this means of expressing to Norman F.Gustavesoo.its sincere appreciation and commends him for his faithful service.able leadership.progressive ideas.and. BE IT FURTHER RESOLVED,that it wishes for him and his family every happiness in the years ahead and directs this Resolution be presented to Norman F.Gustaveson,with a copy tent to the prey.and the Resolution be spread upon the Minutes of this meeting,this 9th day of December.1982 It. " �rrtr a� ty Richard E. bitted, 1'. t Shi ry E. anhail.Member G/ f ; 1',,,, .. R t . Don Wallah.t.Member vjy'.K=ay �.!4., 'nulette Pridgen'Pond,Clerk / , .;,2","'.:r �. ...? IL _ . . _ . ...ma : zos=24 ,,, . __ _________ _____ • . _________ ______ _________.... __________ �� r- � ^� � � 922 /'�Tr /~ '~ '� �� 239 �-����,0 - - - OATH� I, BEN LLOYD, do solemnly swear (or affirm) that I will support the Constitution of the United States; so help me, God. I, BEN LLOYD, do further solemnly and sincerely swear (or affirm) that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me, God, I, BEN LLOYD, do further swear (or affirm) that I will well and truly execute the duties of the office of Orange County Commissioner, according to the best of my skill and ability, according to law; so help me, God. ��j7 BEN LLOYD Subscribed and sworn to before me this the 6th day of December, 1982. . �'� �-�� FRANK S. TRED[VICK CLERK OF SUPERIOR COURT 9-2��8U '28� / � - /� - /� 2- � ^ /�'�/- ' -. ° e-vn {� OATH I, NORMAN WALKER, db solemnly swear ( or affirm) that I will support the Constitution of the United States; so help me, God. I, NORMAN WALKER, do further solemnly and sincerely swear (or affirm) that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me, God. I, NORMAN WALKER, do further swear (or affirm) that I will well and truly execute the duties of the office of Orange County Commissioner, according to the best of my skill and ability, according to law; so help me, Gad. NORMAN WALKER Subscribed and sworn before me this the 6th day of December, l982' ,,, FRANK S. FREDERICK CLERK OF SUPERIOR COURT 924 " �/w r ?4 - - -__ _- -_ -__ {i A T K I, SHIRLEY E. MARSHALL, do solemnly swear (or affirm) that I will support the Constitution of the United States; so help me, God. I, SHIRLEY E. MARSHALL, do further solemnly and sincerely swear (or affirm) that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me, God. I, SHIRLEY E. MARSHALL, do further swear (or affirm) that I will well and truly execute the duties of the office of Orange County Commissioner, according to the best of my skill and ability, according to law; so help me, God. ,14,-(4, SHIRLEMARgHALL Subscribed and sworn to before me this the 6th day of December, 1982. PATRICIA S. H T DISTRICT COURT JUDGE _ • - ``'•" • Al / •.., ; orrA 7'ee 49 Richard E. Whit ed: Subcommittee at CoG, Chairman-Housing Committee, 208 Steering Committee, Executive Committee, EMS Committee, Area Mental Health Board, Capital Health Agency Norman Gustaveson: HSA Board Selection Committee, Human Services Advisory Commission, Member Environment and Energy Steering CoMmittee, Building Energy Performance Standard Task Force Chairman, Chairmamof Energy Policy Committee, Special Task Force on Energy Issues i Governor's State on Energy_ Don Willhoit: Board of Public health, JOCCA, Youth Services Task Force, Water. : Resources Planning and Protection Task Force, Orange/Chapel Hill/ Carrboro Joint Planning Committee, NAACO Land Use and Growth Management Steering Committee, Triangle j'COG: Natural Resources Committee; Vice Chairman of Solid and hazardous Waste Committee; Water Resources Planning Committee; Orange/Chapel Uill/Carrboro Task Force on Landfill Issues Shirley E. Marshall: Board of Social Services, Agricultural Task Force, Senior Citizens Board. Norman Walker: Recreation Advisory Council, Fire Commissioner All Commissioners participate in National Association of Counties and North Carolina Association of County Commissioners. .__ • • • -• - :=.''' i ,:r, v - ORANE COUNTY BOARD OF cavassioNs Action Agenda Its rb.�rj ACTION AGS:`:DA IT'a1 ABSTRACT I r1EE'rtG DATE DECEMBER 6 1982 Subject=APPOINTMENTS I` • Public Hearing peparE�1t: BOARD ARp OF COMM155IQNERS Attackati en `5'' I Info tiDn Contact: CLERK TO THE BOARD YES, as noted P1x3IIE, jzr: 732-8181 ext. 510 pp : To mainta n effective membership on boards/councils/commissions. NEED: NURSINGeption ofIMr. Schramm,:whocwasiappointedoinsAugust)s all terms tel, Chair Hisaletterofo11/18/82oisc attached. Additionally, Iaamoattachingetwo resumes for this Council (Ms. Dolores Grubaugh, a nursing home employee, and Mr. Eugene Brandt, a retired person),I These vacancies have been advertised. ENERGY COMMISSION:dThe situation is unchanged from November 1. I am awaiting recom- mends ions ram t Pse entities whose representatives have resigned. One resume, Doug Guild, is atthched for an at-large seat. YOUTH SERVICES NEEDS TASK FORCE: On November 1, you appointed 4 members to this Task Force, eav ng sev•n vacanc es. I have attached five resumes of recommended members for the Task Forc-; they are: Donna Spielvogel, Hilliard Caldwell, Valeria Laws, Marci McFarland an' John Blanchard, PLANNING BOARD: Up'ate, vet t e n xt few months (January through March) the following terms expire: Sharlene Pilkey, 2 18/83, filling the unexpired te of Claudine Harris; Ms. Pilkey is eligible for re ppointment.and willing edrte Pat Crawford, 1/28/83, is ineligible for reappointment. Hazel Lunsford, 1/68/83, is ineligible for reappointment. Alice Gordon, 1/2 8i/83, is eligible for reappointment and willing to serve again. I am attaching a lemorandum from Mr. Cannity regarding these appointments. These vacancies have ben advertised and one resume is attached (that of Mr. Brandt who also is interests in the Nursing Home Advisory Council). COMMISSIONERS' ASSIGNMENTS: The Board traditionally reassess individual committee assignments on th first 'Ionday in December. Some months ago I provided you with a list 9 �t list for your nts asked you to correct as necessary. I am attaching th i •'.••:'??,i-=,.K- . ..'',-','''' '-•-,----,;-- --7.,-,.":-,,:7:•-,:-Fw7 7--:,F,m-.E. .,::i:'..-...;..:7:,;.E7-.--,„*:•:-*--..V.,t'.'r-I4-tr. -,.-T4-.•i e;..4iX. -,).,-.,1..-4.4:,, 3.,.:'-,g=.4 it +,1- . vg, . ., .. . • --':_;-.7.' :t , 7 •• t-7::::".— : 1 ORANGE COUNTY NURSING HQME COMMUNITY ADVISORY COMMITTEE ORANGE COUNTY DEPARTMENT ON AGING • 1 i . 208A West Main Street 4.111,1111.01w(ct... 300 West Tryon Street Carrboro,N.C.27510 it Igli e Hillsborough,N.C.27278 968-4478 1 • 732.9361 —Hillsborough 967,9251 —Chapel Hill Jerry M.,Passmore 1 * ' • 688-7333 —Durham 227.2032 —Mebane Director i I . Paulette Pridgen-Pond, Clerk Orange County Commissioners 104 E. Margaret Lane • HillsboroUg6, NC 27278 1 Dear Mrs. PTidgen-Pond: As youlmaY know, the terms of the Orange County Nursing Home Community Advisory Committee (except for Richard Schramm who was .recently added) expire at the end of February 1983 and we would like you to advise the Commissioners of our suggestions for a new committee. Joan Regers would be willing to serve for a full term and the presentlmembers are suggesting her as chairperson. Margar4 Hudson and Curtis Tyler would be willing to serve for not more than one-year terms. l Faye Pickard and I. Bernard Segal , are resigning as of the end of our terms. If thelCounty Commissioners are agreeable to this plan, they would be appointing two new members as of March 1983 and two more by March 1984. We also assume that M.r. Schramm,will be considered for reappointment to a three-year term at the expiration of his first year Of service. The effect, of this would be to create a sta9gered system of changes in personnel which should be helpful to the continuity of our work. We have all appreciated the opportunity to serve on this committee whose activity, we hope, has been of benefit to the residents f nursing homes in Orange. :oiuy. n::to , R. Bernard R. 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' .....N..d....--- 1 . / , I . if.. - ,.........., — 1 rf , - -.. ...: ......- . - - --- 1 . . ,...-.....--....... . •., . IN 'WHICH1TOWNSHIP DO YOU RESID.E (notl applicable in some in:taneAre?)• I . . .4-fr (•?-e-, t I AM IWIIERESTED IN SERVING ON: / • 1 `1 *.--------------------------- --. • Ar -. .----,--- 1 . I .0. \ ' SIGNATURE:40diLX147, flAt 1 . RETURN 1 10; Clerk to the Board of County Commissioners 106 E. Margaret Lane 278 Hillsborough, N.. C. 27 • . 1 „ „ . - --:,---:•-;,..•- ... . ..., - • .. , "-:::.-^::".„,:: .:;-:-...':2.7;•::;,,ti.g. _ -.•::•,:,•-•4 ;:-., -...-_,--.7„.t---nr--1,r7, *......1-c.:-..7.-, -.':--; ,,„ , . -;,,,-,-, : ‘,.......-7,0-_,--,-•-•..;,...,,,,..;,:zo,-,..-..-::,,...:, ..?„-_,.....?/,‘„Ts.,;:,5:t*--47,-.....-..„-z*-,:"-e. ,.-'4.•.• •:-., ,-,-,.., , I... •---"I't 1 , I ! \ RESUME NAME:._ MAILING ADDRESS: H2_3) Hollow Court, C11 IZIP CODE: 27514- - - ---- TELEPHONE: 929-35.10 HOME , _______________23USINESS ETHNIC B CKGROUND: BLACK INDIAN WHITE )QC OTHER . SEX: MALE f_____—. FEMALE _______ AGE: _________ _ E DU CAT I ON: (HIGHEST) 11.S.________ __I — —-*---- OCCUPATION: COMMUNIT INTERESTS AND ACTIVITIES: CL.75-lan, St____25_1_3aere __.-----.1—_.-------:_________ -_:--.-----7----7-7-------;_ — - ---- --------__.-------------___ ::: :--1 IN WHICI: TOWNSHIP DO YOU RESIDE? Cha.e .i. (mt applicable in some instances) 1 I AM IN ERESTED IN SERVING ON: \ ....c-L. DivrE; 11/29/82 SIGNATURE;: ... . i' RETURN 40: Clerk to the Board of County Commissioners 106 E. Margaret Lane Hillsborough, N. C. 27278 1 1 1 ... . , . F.. :":"1" 1"-1,..:4'„itit,?.,;,,.1-,4.; 'f. PrtELopt.ls2 r?C`t.."---4'414-F;;;CI.-'""417').-,r.r.-4.4N-p,:yrk,-,c,-,-,.:r•• ).., .,r,--„,„- ,,„-i... ..., - . - ,,,i,14-Zila's- t„74,,...Aia.mr`'g'. 13.::-ft,- - '-t,-- ',1,,,,i;tipetis‘.ri,_,9--;,--,,,.'461',, '"4"..?:1-',i-,144-41Vtlfr.'z':,:.7-;,11,--• ,,- -_.:":1.4':1--;,,,'74!„.. .ts'-''."""•17-4,a-4,35...442-77,-'wzij,....4".-A-v_. , t . ,r4or,„...,,ot..75,--i.rr:;-,Nop,..1. 6:17..t....4,-ivi,s,,, -4-9,?-7,3f4;-,„5,c,...„•,,,„wg,a,,,,,,r 4.-- . .....g'.....,:f- ' -- -,:;,..,a,..1,1tiv: ,,..t,-4.:,1=T.-.4.37_• „.:,,,,E-,::;-....,72.„.w,-..i.:,,:-.:,:,..-..-,4:1Lt......,_,:,:,,,e?", :-7.7,ktf:7,11:4"":74,,....',%•„1"..A.K.-etVt-',;Age.) 4',...iik. . -- :,,;.. ',' •r;-,1,47-3‘..,;:n---;.-, ---..!;:r,,J.,7.;.'''..",--..t,"''..-rP,'",!. ,-'''-'.",'_'-`1.,".4*-.4;'-,-,-;', ' ''.: -11-:'.:-... :- ; -',7-z:fa,. -CerSe414:f'-'fa:* - -;- ,.'-,,,,..v...,.„?..,-.i'"-r- 1 .',..'-;•-•::',. ..'.-'"::'-,` - -, -- ----------- --47.L..- RESUME 'y 1 A NAME: '41/ "- _ 4. - , I MAILING A i DDRE 5: m d Pt 6e4. ----- ,...„....._ ,__ . ZIP CODE: TELEPHONE: 6 , HOME -,- . BUSINESS I ETHNIC BICKGROUND: BLACK INDIAN WHITE V WEER . -- --............ .---*— SEX.: MALE FEMALE _ AGE: 1 ---.......—, ..........----.. I EDUCATION: (HIGHEST) alt,Ce..-:2Z.,_____________ ._ __' .. , 1 _ OCCUPATIrt ,, ,„„„„„, ,,„,. i COMMUNITY INTERESTS AND ACTIVITIES: __________, 1 -. .7, ''.. ...', 4.,..:•... .., i• Ai. .010. .0t wtor—Ar__:4.... . JO, /Ord • OP 01 kti ''. II-■1 4 ..../.. . .....-- .404,4 -- . . . 7c J:... •. .1"-r - ...-.......---,,--.....m................,—...,:,..-** . . 1 .........--...„-.....,-J...-----,....**---......m.....-,--...--..... ......---;*--.----.,..................-............................-. . , , I IN WHICH TOWNSHIP DO YOU RESIDE? .4_2_,,„„,„. _i„,,.„,,,,,,i, • (n 4t applicable in some instances) i — I AM IN ERESTED IN SERVING ON: W.I...44/ae.... ... I / ------------.-----—...---..-----------..---.----.. . --------- I A. DATE //02a. - SIGNATUREID . _ AO" I. e I i RETURN 7 0: Clerk to the Board of County Commissioners 106 E.. Margaret Lane Hillsborough, N. C. 27278 _ , . - : -"..'..:-...- 14•_-, , -i'l l'.1-'•. - c.3)..:J.4, ..:IT; .rWr=+. # c' ` 3 g 7T� I ? l� � Yx+w- ` 7.ti74z,* t„t •'l'i�ti -I'rin• yiR,„ii 4• _70 r„~�;► •s; " c,a ar. . ��' 3r 4 ' "F nr t --.,5. •ti�.r. "A•:C ' �� " „� As '• .,,-o t_ ,� ...ff ,i 1."r •c t' r 4 Y , -1t1T• :' . .-.rt ;r i Y . k.)A `� vY '- r z . .. s s t'? ;n r c ? >•, : s a ,, �� " Yi l'.-'"'''. k 4 t•.. , H. , 1 4 " jd � + . 1s Y . • b0„n• »Ce1��'- l • Name: - hailing Address. loo As 'Zip Code _ .; Business 9a 8 9-__..Noma '.y - -�' _. Telephone. ” t'lhite„ Other "�. _..° _- Ethnic Background: Black , _. Indian ._.._ 1 ' Sex: i4al a !„ r. Female+�!_•.._. Age: ,,,�. __ . Education: (highest) j [d,M ._ .,, , e s a�?ow ,.ded .i Occupation: EXecu-�iJc3ire� av l � • Community Interests and Activities; ' - vim;totj --3.111LAIP-4i' ' P A h township do you reside? _`—1, --- ._ ~ w • In which.. (not ap1icable in some instances) z • ?� _..r S . s k_. r�5re T am inter sted in serving on: �. •. --;— r L . .., nature T ��, �; �� , l /.. Date: /0- o Clerk to the Doard of County Commissioners • Return .7 14)6 g. 1'lair9aret Lane _ • iiillsborough► NC 2.778 . - • , .rdc. Yc.,X rA- r •.•or ,{r i' 4 ,y� .-c,_YC'S' ,r r A r .rkn + -4 f 1 p±t tdr S .y+"•. k --- - ` "':`"•"`�.. RESUME'. 1 Billiard 'Cald�rell _ al=•el. liill.,l3.t'. Linca •: ma-el Y.ill-Carrba o Zip Code 275 Mailing Address: .w--•.------" �x'i-au Name 96�-sxl ---~ Dther ,..�.-_" Telephone: White :_-,--- f k , Indian ,..�.__ " M" Ethnic Background: Blac ---- Aye== � female " -Sex: le a11e e ` K• • Mianagement PC • Two Year's of Education: (Hjgbest) _ •_--- w Occupation; 7School Coordinator Board of tLlder�n o_ C=rrb3�ro • f1GGtSp S. Member er�sts and Activitie , . Joaeph Community In �. _. Oran a black CaucnS..-�'�IE" •� bex, South ,•'a� • Sunda School. Vieth- • t wide? Chapel Hill , In 'which to nship do You tances� _ ;s • : (not applicable in some ins d in Serv1 9 OH` :.._ iii. A i am �tereS to `.' E x r " . , signature , i `9112 pate: Oc $e l f y.• 1 I County CRt�'issioners I Clerk, tR the gQard°of etuma:{ 06 fir. iliar8aret Lane I ,�}1ilisborough, KC 21218 s t: \ ' * . \ . .., Y:.-.eti-«y-ti.7i:�±'�5c�fs4 pp��� 7 r+' ,F��sa�iN*'r�- r��Z r '� 4 � • 1"rrr`rYt' .Y�.,r 1.-At;�'•• .S... �,. s�;.~ r +l � �'6, t:< '.r xky, ! ,��. ..� '2,y r i ,• , s c^�- 4r;• ..?y fir.. Y . ! Mt w' f.• " \ , RESUME'. • ... . - . `i I Zip Cade Mailing Address: - � Z . . , _. Business _ ,. ... I _Home _ y-" •-r--'"" father .-,,�...' .. Telephone. :_G���- 1�hi t , ._-. . '1 k Indian..- -- . .-. Ethnic Background: Black _____*4---- Age. 3 3 --_ Male female .___`�."_ a �. Sex: ,.-----• , Education: ( hest) �,• . and Activities: •--.-- • . . , .. ° Comm'unity Interests ti �n� • ..- �. ; .,. t mow.._.. ....' IntifiichtatanshipdaYou • - 1 •instances) , (not applicable in Same I am interested in serving on: .— . ` S1 gnature r /._, ,.r44 .. Date= ��� - --- , . and o County G�itissioners • etun �? Clerk to the B4 . 1 s � Margaret x27278 .. y�iitsbarouyh, N . . 1 i '2£-r rye a�,�5�,�My�•[� y°�� Y.-14'.1,;l [} 3+fr"�'C�rs4. ��..,itt'�'f ,�,,,yt'."rt '-'_. '"d�i • �-���'li''+�law.».d'`"i� $5.�. ;''''''... '' .w v..r''.+.'"SST S 74:'''.� .., t O ty, ;4:' S !"C', � .r.-� '". } '2"44,314` '^Y r `x n,• PL:f. _ i-t_..•. [ ..> +.r.'t>N' 4 •,•:,:.-.,........-,y, +" - i `L:.` `'jgai.1` w: Y 1jj flame � I �,^ r - ,� srlt ~rC as .a.15-14,L. gailin9 Addre5'1s. .' . Tip ,u - II r► 4 i .I.. ..i .+. gusiness - 3 i. Tel Indian ,..» - .: r Ethnic Background: glae .� - - " Age: .3--4".--' . .. :.. Sex: i1ale - '_ �exaa l4, . -� . . -- - --�- - Education: ( �ighest) •y �- ' - _ .4 1 ..: -t,' e.. a Occupation: •A Community Interests and ACtiVi ies. _�_. _... -- 11 i 1 unship da you reside? - In Which t -. -a , {not a plicable in same ir�stances� - r geed in servir►9 an: I. amiinte _ _ _ _ i si gnature /i! . Date: St� , , _ Clerk VI the Board of County C4mn! ssaners getum 4 106 I. ii,1 ar'at 'Leine .... - i{i'llsborou9hh tiC 27 • - , . ] t S , �'' �c n ti --t. ----4::',;- l� ^ " rA . r ? tr r'1'4Tl s': 5.s v . :?.,.-f-?-;,'-',: JP 2 . ``f ' r -:,- 3 '•i•-'t n ' 1 { s „g y. - r .r J 1 - . ``. M .y K r r r ': '''%::.t.:-_:::-..: ..:1"4::-:'`,: li name: D ,IA. .!- Address: �' i Z�-�.-,—.~-«.--- dip Cade � '� Mailing �, _________7.1,p ,_ �---- , �� w 2.,_ p "'• Bus"iness „ " Home Other ,_ r:,.` 0 ne: Mite Te1ep E3fi Black Indian . - — :c �_ Ethnic Background e: �- . _.. _ Sex. tlal � � �._ ,�y.�,,, r . /� " -' hest) + b Y%i�, . Education: ��19 ,� ' � - /' � �.�.= �: • and Activities: Cammunity '>vn erects --_• ..r i '44/': �' _.a , n t 4` JI �$t Erb f " In which t id ? ' ., " • : . (not applicable in same in _ iintere fed in serving on: . .. • ' -- •, " t � a ° S Signature , �. i i -I . / ..4/ Date-- 10 1; . County Caimrt�sslaners • # turn toil Clerk to the 8Qard of _" i 1Q6 k. Margaret Lane pa + Hillsborough, NC . • i ORAIECOUNTL BOARD OF con,assio-Nms Action .P.ger.cl.a Item. No. 12).-g._ ACTION AGENDA ITEMABSTRACr tEETENX; DATE December 14, 1982 subject: Additionf Carolina For Road and Carolina Forest Court in the Carolina Forest sTbdivision to the state-maintained system . . 1:epaStrent: Rlantling J Priraic Hearing: --- yes I I , AttackMMITt(S): LeOter from Sam Jones to Tnforatation Contact: Susan Smith Manager dated 11/181(82; b) Secondary Road Addition Investigation Report phone Nate.: 732-8181 EXT. 359 PURPCGE; Petition fiom DOT for approval of the addition of Carolina Forest Road and . Carolina Forest Court in the Carolina Forest subdivision to the state-main- tained secondary road system. Carolina Forest Road (SR 2006) extension is proposed f r addition to the road system. 1 . . NEED: Addition o paved roads to state-maintained secondary road system IMPACT: The Board'sldecision will be forwarded to the Board of Transportation for their deliberatio6 on acceptance of the road onto the state-maintained system. RECOMMENDATIOU: Ap val 1 • . .. . . I 40iV:lit?4, ,011,g.:1 1 ke•'.':A- 17* 1.40 1 0,;riK' 1Z1111g054 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B.HUNT.JR Graham, North Carolina 27253-0766 GOVERNOR DIVISION OF HIGHWAYS November 18, 1982 WILLIAM R.ROBERSON,JR, SECRETARY Orange County Mr. Kenneth R. Thompson., County Manager Orange 106 t Margaret Lane Hillsberough, North Carolina 27278 Subjec Jf: Betiti.on for Addi.ticn - Carolina Forest Road and Carolina Forest Court in Carolina Forest Subdivicd-on' Dear . Thompson: MI Attached is Form SR-4, Secondary Road Additicn In- vestig .tian Report, for Carolina Forest Road and Carolina Forest Court in Carolina Forest Subdivi4c11. This is being forwarded to you for review by your Board of Cornidssioners. Yours very truly, S. 0 Jules DISITLICT ENGINEER /jbh Atta. cc: Mr. J. W. Watkins i . . •.:1-,•:::,•,-,7, -.,7:,.i...--:,•:.--- ,�. � � r '' � '. � ��� �i `- .�� ' /� �� k ' � ' , �r . ' ` - ` i . _ _ _ _________ | . . ' . ^ NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION ' DIVISION OF HIGHWAYS SECONDARY ROAD ADDITION INVESTIGATION REPORT / - ' Township Chapel 111-111 Div. File No. . Local NaMOCaroli...4a_Foreat Road, Carolina Forest Subdivision Name 6arrainn Pares*. , Court I Length0„,26, 0,091 Width 2°0 TYPe It 1 Condition Grind Is this a sluet:iilsion street subject to the construction requirements for such i streets? Recorded ;1 -17-75 Book 24 Page _____123 Is this a sub vlsion street subject to participation paving? ___wil Number of homes having entrances into road __Exb_t______ __ Other uses having entrances into road None Does right-of-way obtained meet present Division of Highways requirement? Dedicated Is petition (SR-1) attached? Yee Is the County Corissioners' Approval CSR-2) attached? _ If not, why? Does the road melt present minimum Division of Highways construct on requirements? If not, state wh.t is needed to place t e road in an acceptable ma ntenance condition under Remarks and Recommendations, Is a map attached indicating information for reference in locating road by the Planning Department? X.pp. Cost to place inlacceptable maintenance condition: Total Cost $ 0,00 Grade, drain, stIbilize $ , Drainage $ . Other $ - - | Reviewed and app6ved ----- . . Reviewed and app J. W. Watkins St H. aoneR DIVISION ENGINEER DISTRICT ENGINEER � / J o no write in this space - -tall., _ For use of Secondary Roads Dept.) .'-- -`- \- Petition No. . �� - ^gv� .- » ~ �o not write in this space - ---- - ' For use of Planning Dept') Form SR-4 (7-77) , ' _ ' NN- �� i . k ._. I I ORAI■ZE COUNTY I I BOARD OF CaNISSION&RS Action Agenda ACTION AGENDA 17E4 ABSTRACT Item Mo._b_r_gw 1 MEETD:G DATE December 4,i 1982 il Subject: Additio4 of Carolina For Road and Carolina Forest Court in the Carolina Forest subdivision to the state-maintained system . . De-artre_nt: Planning "---------- PUbliC MULL:Lag: - -. X. rip _ 1 ------- Attadment(s); Leter from Sam Jones to Informati= Contact: Susan E Smith Manager dated 11/113/82; b) Secondary Road Addition Investigq.ion Report plicrie tarrtar: 732-B181 EXT. 359 PURPOSE: Petition from DOT for approval of the addition of Carolina Forest, Road and Carolina Forest Court in the Carolina Forest subdivision to the state-main- tained secondary road system. Carolina Forest Road (SR 2006) extension is proposed or addition to the road system. ...:: . •-- _, I 1 INEED: Addition Of paved roads to state-maintained secondary road system 1 IIMPACT: The BoardIS decision will be forwarded to the Board of Transportation for their deliberation on acceptance of the road onto the state-maintained system. RECOMMENDATION: Aj royal 1 1 , 1 \ \ 4:30 is --- 6k-IA STATE OF NORTH CAROLINA DEPARTMENT Or TRANSPORTATION JAMES B HUNT,JR Graham, North Carolina 27253-0766 GOVERNOR DIVISION OF HIGHWAYS WILLIAM R.ROBERSON.JR. November 18, 1982 SECRETARY Oranges County Mr. Kenneth R. Thompson, County Manager Orange Coun ty 106 Eat Margaret Lane HillsbOrough, North Carolina 27278 Subject: Petition for Addition - Carolina Forest Road and Carolina Forest Court in Carolina Forest Subdivision Dear Mr. Thompson: Attached is Form SR-4, Secondary Road Addition In- vestigation Report, for Carolina Forest Road and. Carolina Forest Court iin Carolina Forest Subdivision. This is being forwarded to you for review by your Board df Commissioners. Yours very truly, c; If S. ' Jones DISTRICT HAMMER /jbh Atta. cc: Mr J. W. Watkins ORAGE COUNTY BOARD 0? caaassioms Action Agemda Item No..h .Pcio .ACE\131% rr1 AssTRAL-T rserzG DATE December 111.22E2_ Stlbjec::: Additioljlof Coachway and Overland Passage in the Trails subdivision to the state-maiintained system PUbliC Hearing: TIO Ce artvent: p inforrnatiOn Cat. Susan Smith AttaaVVIrrt(S): a) etter from Sam JOIleS to Manager dated 11116/821 b) Secondary Road Addition Investigation Report Phrzae Nunter: 732-8191 Ext. 359 PURPCGE: Petitionifrom DoT for approval of the addition of Coachway and Overland Passage in the Trails subdivision to the state-maintained secondary road system, NEED: - Additioncq paved roads to state-Maintained secondary road system. IMPACT: The Board's decision will be forwarded to the Board of Transportation for theii. deliberation on acceptance of the road onto the state-maintained system. RECOMMENDATION: Approval 1 .4:50T4q., -;° Ir41: 4:Z4mmg0Y STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B.HUNT,JR Graham, North Carolina 27253-0766 GOVERNOR On/MON OF HIGHWAYS WILLIAM R.ROBERSON,JR November 16, 1982 SECRETARY Orange County Mr. Kenneth R. Thompson, County Manager Orange pomity 106 East Margaret Lane Hillqbdrough, North Carolina 27278 Subject: Petition for Addition Coachway and Overland Passage in The Trails Subdivision Dear MJ. Thompson: Attached is Form SR-4, Secondary Road Addition In- vestigation Report, for Coachway and Overland Passage in The Trails bdivision. This is being forwarded to you for review by your Board df Conurd.ssioners. Yours very truly, S. H.Jonee r1EsTfioT ENGINEER /jbh Atta. cc: Mr. J. W. Watkins F .. 1 ' , . . , • - NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS SECONDARY ROAD ADDITION INVESTIGATION REPORT County —. arenge„, ___ Co. File No. Date — Township ninitrim Div. File No. Local Name prInrhvm gild flyer1Rnd ppAspge Subdivision Name _The Trails Length 0.48 and 0.46 Width 201 Type I -2 Condition Fair I Is this a subdivision street subject to the construction requirements for such streets? Yes I Recorded 06 -09-79 Book 30 Page 70 Is this a subdivision street subject to partargagTiavingf Yes Number of homes having entrances into road 00achwaY - 16 and Overland Passage - 11 Other uses having entrances into road None Does right-of-wa obtained meet present Division of Highways requirement? Recorded 60$ If not, why? Is petition (SR-1 attached? yee . Is the County Corissioners' Approval (SR-2) attached? If not, why? , Does the road meet present minimum Division of Highways construction requirements? I If not, state what is needed to place the road in an acceptable ma ntenance ' condition under Remarks and Recommendations. Is a map attached indicating information for reference in locating road by the Planning Department? ye Cost to place inlaccepta le maintenance condition: Total Cost $ 4,000.00 Grade, drain, stabilize $ , Drainage $ , Other $ 4,000.00 Patching 1 Remarks and Reco endations 1: 111110%.. .1..: kt ' ce .. a.ert owner. have •,. d North . • .. IP.-cz ii t;ve • h :A.:P•41 ,... .: h p_-I_cn 41 f Hi.1 W: S tO i fil ove streets to minieum_eRnaArdst. I Reviewed and app'oved , i Board of Transportation Member . Reviewed and app eyed IT. W. VI atki n A S. H. Janes • DIVISION ENGINEER DISTRICT ENGINEER a . - 3 (Do not write in this space - . : LILL : ' WU x - lin For use of Secondary Roads Dept.) -„,, • ,z., ,, 1 ,,,,..23.7,.,•[aimed. Petition No , 1. .16 ' I— ■ /0 11 0, J • i 12 a 6:, ". A I' — 1.6.101, ..■ II, .... (Do not write in this space - ,-- '. A .1 oCr v.. illinal ' ,.„? For use of Planning Dept ) 1111 ,, I -r4km 0,11 Form SR-4 (7-77) _ . . . _ . . , •-•;ZII,.:,s,•-f.j3i.,:, , •-,-..,•-.... .,.I.IF'„,::.3;......,.. •-•••.,.F.:,i''4,.;?i,:-;-,:•,=5?!..,,,.•-t.,'-'.-' ' ", !I.,II.'`.':.;•''',.'t•II i,'III.$II. .3t:•,-1•!..%,•-•:;••:..:•rz;,;riti,,V,....,•,7:;,-„.4I-I:ntiI,:•.",-.=.1'`'''',':.!NIP-,,_ ‘;!.' .3 •‘0331,1'74.AA`7,-,- ' ' ',.` 7'."..:".'. .i.1".-. ':`:"1;,''',''''''''',`'72:''',.",..,:'' ''.- -. - ' '''"'.'' "' ''j'' '-',""-%:-".'r:'•'"';'7N-q",47.2,q,.-3'''.,'",:,,,,'-73'...'",:-.),_'•,....': ..''''''''...?:•";';`!.;'. ., ' ' ; '''': . ''';''r -:.,,'''-: ' ' • '.: 7'''',',77742.reiniti'y, i.‘*;. ,-;.3'17'''',*3.-",'::::,:r. MANGE COUNTY !' . . . I Balm a: cmassi An oNms Action gaefr: Item tzo..- ) -Li ACTION Ar.4ENDA ITEM ABSTRKT MEETMG DATE December 6, 1982 . I . . . , , Subject: Reaaest for Tex Refunds and Tax Releases . . PD7---blic Dearing: -s '--_ 11,0■ 17epartrc,ert.: Tax Supervisor ____________—. ._-] . 1 . . .. r , ---:--- Attactrtelake ---=-'.'1_7?:: _. sugETs __ • I _______,_' _________ , _____________:_____,________:—..—Til 6zula-icksscfatgnitiraArgqgria36304 . Vhone Narber: 414, : , , , . .... { . • . ' . . ., ,. ..,. •., .. ., { . .. • ., ,, :. Ekm-p3se: Board,Consioe-ration of tax release and refunds. 1 , . I . „ I 1 . . . NEED: The followisng companies have.requested tax releases and or refunds in the amount indicated. TAXPAYER REFUND/RELEASE AMOUNT ' . . Bruiesti Inc. . (Philip Berkowi(tz, President) . . • (error by taxpayer in listing business personalty) . I . . . E & E Developer of Chapel Hill, Inc. $2,1940,44 (refund) (valuation reduced by order of N.C. Property Tax Commission) 1 Cecil'W. Riley (seeksusevaldAtion classification for 1981 . I • . Pearl H. Riley I $ 24.58 (refund) 'land terror by tax office in listing size of tract of Ii Rojo, Inc. (error by taxpeiyer in listing business personality) $ 158.55 (release) ., ,., Roy L. & Violet Smith . . . $ 41.96 (release) (request to male decision of 1982 Board of Equalization and Review effective r 1981) .., , 11 I il ...1 RECOMMENDATION: '1 As indicated on the individual summary sheets. il , r j. j . ! i , :...”, .; 1 , - . .. .. . .. � - �� -� �� ' `� �' r '242 ooMGs cooN'zY BOARD OF Actioa Agsnrla. • Item No.-6 -� xcczoom:anck azSrznxC.0 McErDZG DATE DeeeMber 6 82 Subject: Roou=ot for Tax Refunds and Tax Releases Public Hearing: �e� � x �� Pepsztn�,t; Tax Supervisor � . SUMMARY SHEETS Ihooezuobsz: 414 • Purpose: Bnard_Cnnsid` tion of tax release and refunds. NEED: The following companies have requested tax releases and or refunds in the amount indicated. TAXPAYER REFUND/RELEASE AMOUNT — ' Bruj-esti Inc. (Philip Berkowitz, President) (error by taxpayer in listing business personalty) [ & E Developers of ha l Hill , Inc. $2,1940.44 (refund) (valUationreduced by bider of N.C. Property Tax Commission) Cccil. V. Riley (seeks use valuation classification for 1981 Pearl H. Riley $ 24.58 (refund) (error by tax office in listing size of tract of land Rojo, Inc. by taxpayer in listing business personality) $ 758,65 (release) L. & Violet Smith � $ 41 .96 (release) (request t to make decision of 1982 Board of Equalization and Review effective for 1081) RECOMMENDATION: As indicated on the individual summary sheets. 92 243 TAX RELEASE REQUEST BOARD OF COUNTY COMMISSIONERS DECEMBER 6, 1982 Philip Berkowitz, President Brujest, Incorporated D/B/A Baskin—Robbins Ice Cream Store Mr. Berkowitz requests that the 1280 and 1981 tax valuations of the Corporation's business personally be reduced (by $31,238 for 1980, by $30,544 for 1981) because the 1981 tax listing for the Corporation (upon which the 1980 and 1981 tax valuations were based) was erroneous in that it showed $62,100 as the acquisition cost of equipment ($27,391) and leasehold improvements ($347 709),whereas the cost figure given for leasehold improvements actually represents that portion of the purchase price paid for the business which is attributable to good will. RECOMMENDATION: Withheld pending testimony by Mr. Berkowitz 244 TAX REFUND REQUEST BOARD OF COUNTY COMMISSIONERS DECEMBER 6, 1982 E & E Developers of Chapel Hill, Inc. The 1981 realty valuation of this tract has been reduced from $1,529,542 to $1,369,831 by order (November 23, 1982) of the North Carolina Property Tax Commission in resolution of an appeal by the Corporation from a decision of the 1981 Orange County Board of Equalization and Review. 1981 taxes based upon the higher, appealed valuation have been paid. RECOMMENDATION: Approve. " - _ 92t., 245 TAX RELEASE AND REFUND REQUEST BOARD OF COUNTY COMMISSIONERS DECEMBER 6, 1982 Cecil W. Riley Mr. Riley requests that this tract be classified for agricultural use valuation for 1981, presumably upon the grounds that he filed a timely application for use valuation for 1981 showing that the property qualified for the classification. The Tax Supervisor's Office has no record of a timely filed 1981 application, but has approved use valuation classification for the property for 1982 based upon an application filed in January, 1982. RECOMMENDATION: Withheld pending testimony by Mr. Riley A 2 24 t3 TAX REFUND REQUEST BOARD OF COUNTY COMMISSIONERS DECEMBER 6, 1982 Pearl H. Riley The size of this tract was erroneously listed as 6.12 acres instead of the correct acreage of 4.12 for each of the years 1982, 1981, and 1980 through clerical error, resulting in an excessive tax valuation of land for each year. RECOMMENDATION: Approve. - — 93C 241 TAX RELEASE REQUEST BOARD OF COUNTY COMMISSIONERS DECEMBER 6, 1982 Rojo, Incorporated D/B/A Tarheel Car Wash This is a request that the 1982 valuation of car wash machinery and equipment listed with this account be reduced from $150,033 to $95,500 based upon the fact that Rojo, Incorporated erroneously listed the 1981 acquisition cost (from which the valuation is derived) of this property at $175,000, which figure actually represents the entire purchase price paid for the car wash business as a going concern and includes non—depreciable intangible assets, and based upon a March 2, 1981 appraisal of the same property at a fair market value of $95,500. This request comes from Mr. John A. Northen (of Northen, Little, and Bagwell) , representing Mr. and Mrs. Wade Degraffenreidt (owners of the corporation which sold the business to Rojo, Incorporated in June, 1981) who reacquired the property in February, 1982. RECOMMENDATION: Approve. _ . 931 248 TAX RELEASE REQUEST BOARD OF COUNTY COMMISSIONERS DECEMBER 6, 1982 Roy L. and Violet Smith Mr. Smith appealed the valuation of this 2.5 acre tract of vacant land to the 1982 Board of Equalization and Review, which reduced its valuation from $13,880 to $6,940 (June 30, 19d2) and now requests. that this reduction in valuation be made effective for the 1981 tax year. RECOMMENDATION: Deny (See N. C. G. S. 105-322(g) (1) (c) , 105-287(a) (reappraisals by Board of Equalization and Review not retroactive)). . _'___�'__ ( , • MANGE BOARD CF CWOISSICNERS Actiouasecda Itenmo' l -5 AzToCvAGEnzA Zr �;�m��/�a � nn�rm�uc uz-Z �� , zyo--'--- | �� � - —~-------- / ' Subject: REVIEW OF 809DS . C�r�a�t; mark R. Rees Sheriffs Bond irlIc5=13a-!i*Cal` o*oiwtor of Deed's Bond �buowe �z�*��� Ext 498 _____�_ ' Clerk �� Court's Bond _____ . sazra,Se' To consider taking and approving the bonds of the following elected vCeicials` \ $ 5,000,00 ' Sheriff of Deeds\ Register v $ 25,000.00 \ Clerk of Courts $100,000.00 • - �- — - o n 162-9 and G.S. ��n-o' Carolina State Law, G.S. 162-8, . . �se�� Required by All three should be approved. The County will pay the cost for the Sheriff and Register of Deeds while the State will pay the amount necessary ry bonding of the Clerk of Court, � %�u �"; Will t*"c thc County from possible loss. Cost for to our year terms for the Sheriff is $86, whereas for the Register \ of Deeds it Is $326. 1 ! BeccgratiOn(s) : " prove Bonds - NN | . I ■ I ■ k . I I PUBL C OFFICIAL BOND - THE /ET'N HeCASUd Connecticut DSURETY COMPANY Uy'� FOR EFINITE TERM &C,.:71.r BOND NO. 25 S 1 872 urn F.castuur/ , V KNOW ALL MEN BY THE5€ PRESENTS, That we ALERT LINDY PENDERGRASS as Principal, of CHAPEL HflL, N O T H I CAROLINA and THE/ETNA CASUALTND SURETY COMPANY. a corporation of Hartford,Connecticut.as Surety, are held and firmly bound unto STATE OF NORTH CAROLINA ` 1S5r000,Oq---------1 Dollars, 00 100--------°-- lawfupenal sum the FIVE THOUS of America,AND payment of which well and truly to be made,said Principal lawful money of the UNted States of America, far the Qay binds himself/herself, his/her$heirs, admbysthesespand assigns, and said Surety binds itself, its suc- cessors and assigns, 1 SEALED and dated this 1ST day of DECEMBER , 1982 to the office of SHERTYF OF ORANGE COUNTY, NC WHEREAS. the said princi let has been ELECTED 1 1 8fi and is required i for a definite term beginning DECEMBER 1, 1982 and ending DEC) , to furnish a bond for the `aithful performance of the duties of the said office or position.. NOW,he THEREFORE THE CONDITION OF THIS OBLIGATION e duties tof his/her saidtoffice or post on during the saidaterm, and as shall pay over provided) fonsfully p that may come into his/her hands during the said t on the persons fraudoor law dtatrtheiexpiration of said term,or in case of his/her resignation or duriog the oaid which have come into his/her removal from office, shall turn over to his/her successor all records and property hands, then this obligation to be null and void; otherwise to remain in full force and effect. public funds PROVIDED, from HOWEVER, that the above named 5urety shall not be liable hereunder bank or banks in which said funds are deposited;and,loss if this fprovision shall be resulting from the insolvency of any held void, this entire bond shall be void. g giving to the AND PROVIDED FURTHER, that the Surety may cancel this bond at any time during the said term by g 9 receipt of such notice a the 'retyeshall be completely released eleased expiration of thirty(30)days from liability thereafter accruingeIf this provision notice by the g i shall be held void, this a tire bond shall be void.. ALBERT LINDY PENDERGRASS WITNESS: BY: _(SEAL) ----. (Principal) THE /ETNA CASUALTY AND URETY COMPANY• tal" C,;:-.t. d^s 4 r . "Pr" $Y.,—..,..�t --_• i 1 � By Lice>9 edReside t r H. THOMAS DAWKINS, Attorney-in-Fact CAT.409990 MINTED W 450. .15-71944 t76 PUBLIC OFFICIAL BOND Definite Term BOND NO. PRINCIPAL OBLIGEE Approved this day of. 19 THE AiTNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 The thINA t;ptsuMLI r rtnu zunct t a.vmrearri r a Hertford,Connecticut 06115 UFE a.CASUALTY POWER OF ATTORNEY AND CERTI'-ICATE OF AUTHORITY OF ATTORNEYS►-1N-FACT (1 KNOW ALL MEN BY THESE PRESENTS,THAT THE ATNA CASUALTY AND SURETY COMPANY.a corporation duty organized under the laws al the State or Connecticut,and having its principal office in the City of Hartford,County of Hanford,State of Connecticut,hash made,conatltuted and appointed and does by these presents make,constitute end appoint Thomas S. Carpenter, Richard C. Charles, Stephen M. Bynum, H. Thomas Dawkins, R. Larry McKenzie or C. Criss Williams, Jr., - - I of Charlotte, North,Carolina ,Itsirua end tawfu1Anorneylerin Fecr.withfullpowerendauthority he•ebyconferred to sign,execute and acknowledge,.at any place within the United States,or,If the following line bo filled in,within the area there doslg- neted ,the following instrumentiri: by his/her sole signature and act,env and ell bonds.recagnizenees,contracts of Indemnity.and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any and atl consents incidents thereto and to bind THE/ETNA CASUALTY AND SURETY COMPANY,thereby as fully and to the name extent as if the same were signed by the duty authorized officer,of THE ETNA CASUALTY AND SURETY COMPANY,and all the acts of said Anorneyisl-in•Fect,pursuant-to the authority herein given,are hereby ratified and connrmed This appointment 4 made under end by authority of the following Standing Resolutions of said Comparhyvfilch Resolutions ate now In full force and effect: VOTED:That tech of the following officers:Chairman.Vice Chairmen,President,Any Execu tive Vice President,Any Senior Vice President.Any Vico President,Any Militant Vice Press dent Any Secretary,Any Assistant Secretary,may from time to time appoint Resident Vice Presidents,Resident Assistant Secretaries.AnorneyrlirFect.and Agents to act for end on behalf of the Company end may give any such appointee such authority ea hie certificate of authority may prescribe to sign with the Company's name end Beal with the Company',seal bands,rocognlzences,contracts of Indemnity,end other writings obligatory In the nature of a bond,recognizance,or conditional undertaking,end any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him, VOTED:met any bond,rocognixonce,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,qr conditional undertaking shall be valid and binding upon,fie Company when le)signed by the Chairman,the Vice Chairmen,the PresldenL en Executive Vice President,a Senior Vice President.a Vice President,en Assistant Vice President or by a Resident Vice President,pursuant to the power prescribed in the certificate of authority of such Resident Vice President,and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident AsaIatent Secretory,pursuant to the power prose/113401n the certificatoof authority of such Resident Assistant Secretary;or lb)duly executed fielder seal,if required)by one or more Artorneys•in•Fect pursuant to the power prescribed in his or their certificate or certificates of authority This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under end by authority of the following Standing Resolution voted by the Board of Directors!of THE/ETNA CASUALTY AND SURETY COMPANY which Resolution Is now In full force end effect: VOTED:That the signature of each of tho following officer*:Chairmen,Vitae Chairmen,President,Any Executive Vice President.Any Soninr Vico President,Any Vice President.Arty Aaslstsnt Vice President.Any S acrlrtery,Any Assistant Secretary,end the anal of the Company may be affixed by facsimile to any power of attort ey or to any certificate relating thereto appointing Resident Vice Presidents.Resident Assistant Secretaries or Attorneys-in-Foci for purposes oply of executing and attesting bonds and and artakingo and atherwridngs obligatory in the nature thereof,and any such power of attorney orcertlfla bearing such facsimile signature or facsimile seal shell bevaildand binding upon the Company and any suck, power Co executed and certified by such facsimile eignetura and facsimile seal shall be valid and binding upon the Company In the future with respect to any bond or undertaking to which it to attached. IN WiTNESS WHEREOF,THE/ETNA CASUALTY AND SURETY COMPANY has caused this Instrument to be signed by Its Aesistent Vice President ,and its corporate,eel to be hereto efftxed this 17th day of June •19 82 t - THE /ETNA CASUALTY AND SURETY COMPANY . , 1 ea.a, ,� By O Slate of Connecticut ! � ss•Hertford Assiatant Vice President County of Hanford I On this 17th day of June .19 82 .before me personally came R. T. RIPPE to me known,who,being by me duty ewom,did depose and say:that he/she is Assistant Vice President of THE..ETNA CASUALTY AND SURETY COMPANY,the corporation described in and which executed the above Instrument that he/she known the sector;aid corporation;thetths seal affixed to the sold Instrument is such corporate tool;end that he/she executed the said Inetn+mont on behalf of the corporation by authority;of his/her office under the Standing Resolutions thereof. `a114 tail SA 1111.1 •AI aIA !!) 1.. futon empire,March 31,1, 84 , Notary Public CERTIFICATE j I,the undersigned, $ecrretary of THE ETNA CASUALTY AND SURETY COMPANY,a*took corporation oohs State of Connecticut.DO HEREBY CERTIFY that the foregoing and attached Power of Attorney end Certificate of Authority remains in full force and has not been revoked;and furthermore.that the Standing Resolutions of the Board of Directom.as eat forth In the Certificate of Authority are now In force. Signed end Salted at the Home Office of the Company,in the City of Hertford,State,• onnecticut r mod t+ 18 day of DECEMBER I19 $2 41 1 J 1 iu.�a � By iM)3.79 •'`; f, Secretary PRINTED IN V S A. ( I I . I I PURIM OFFICIAL BOND - THE ETNA CASUALTY AND SURETY COMPANY V FOF DEFINITE TERM . Hartford, Connecticut 06115 �a KI . T BOND.NO 25 5 4b,856 ure&castuuxY I I I If KNOW ALL MEN BY THESE PRESENTS, That we BETTY JUNE HAYES, as Principal, of FELL SBOROUGH, NORTH CAROLINA and THE'ETNA CASUALTY AND SURETY COMPANY, a corporation of Hartford,Connecticut,as Surety,are held and firmly bound unto ISTATE OF NORTH CAROLINA in the penal sum of FIVE THOUSAND AND 0O/100----------($25,000.00 ) Dollars, lawful money of the United States of America,for the payment of which well and truly to be made,sold Principal binds himself/herself, his/her heirs, executors, -administrators and assigns, and said Surety binds itself, Its suc- cessors and assigns, jointly and severally, firmly by these presents. SEALED and dated this 6TH day of DECEMSE f . 1982 , WHEREAS, the said Principal has been APPOINTED to the office of REGISTER OF DEEDS for a definite term beginning DECEMBER 6, 1982 and ending DECEMBER 6, 1986 and is required to furnish a bond for the faithful performance of the duties of the said office or position, NOW,THEREFORE THE CONDITION OF THIS OBLIGATION Is such that If the above bounden Principal shall(except as hereinafter provided}faithfully perform the duties of his/her said office or position during the said term, and shall pay over to the persons authorized by law to receive the same all moneys that may come into his/her hands during the said term wlthaut fraud or delay,and at the expiration of said term, or in case of his/her resignation.or removal from office, shall turn over to his/her successor all records and property which have come into his/her hands, then this obiigatich to be null and void; otherwise to remain in full force and effect. PROVIDED,HOWEVER,that the above named Surety shall not be liable hereunder for any loss of any public funds resulting from the insolvericy of any bank or banks in which said funds are deposited;and,if this provision shall be held void, this entire bona shall be void. AND PROVIDED FURTHER that the Surety may cancel this bond at any time during the said term by giving to the Obligee a written notice of its desire so to cancel and at the expiration of thirty (30)days from the receipt of such notice by the Obligee the Surety shall be completely released as to all liability thereafter accruing If this provision shall be held void, this entire bond shall be void. WITNESS: BETTY JUNE HAYES SYt • ,(SEAL) (Principal) THE /ETNA CASUALTY AND SURETY COMPANY Countersigned, L i7,•,--� r 2,...„,„_40, / ..a /5V✓ 37,fLin g H. THOMAS DAWKINS, Attomey-in.Fect e l CAT,405960 MINTED IN USA .l5.719ar11.7D i THE I£TNA CASUALTY AND SURETY COMPANY • a Hartford.Connecticut 06115 ■ LIFER CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY{S)-IN-FACT KNOW ALL MEN-BY THESE PRESENTS,THAT THE ATNA CASUALTY ANDSUAETY COMPANY.•corporation duly orgenited under the tows°,the Slate of Connecticut.and having its principel office in the City of Hartford,County of Hartford,State of Connecticut.hath made.constituted and . appointed,and does by these pr Isante make-constitute and appoint Thomas S. Carpenter, Richard C. Charles, Stephen M. Bynum, H. Thomas Dawkins, R. Larry McKenzie or C. Criss Williams, Jr., - - of Charlotte, North Carolina ,Its true and lawful Anorneylsl-•In>Fect.with full power end authority hereby conferred to sign,execute and acknowladg •et any place within the United States,or.If the following line be filled In,within the area there deslg• noted ,the following Instrumenlfsi; by his/her sole signature and act,Inv and ill bonds recognizoncae,contracts of Indemnity,and other writings obligatory in the nature of a bond, recognizance,or condttlonsl undt{rtaking,end any and all consents Incidents thereto and to bind THE,/ETNA CASUALTY AND SURETY COMPANY,thereby as fully and to the same extent as If the same ware signed by the duly authorized officer of THE/ETNA CASUALTY AND SURETY COMPANY,and en the ens of Bald Attorneyls)'In•Fect.pursuant to the authority heroin given,are hereby ratified and eor'iirmed.. This appointment le made under a nd by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED:That each of the following officers;Chairman.Vice Chairmen,President,Any Executive Vice President,Any Senior Vice President,Any Vica Presldent,Any Aaaisunt Vice Preei dent.Any 5ecratary,Any Assistant Secretary,may from time totlme appointReoident Vice Presidents,Resident Assistant Secrousriei,Attameys•in•Fact.end Aponte to act tot and on betel,of the Company end may give any such appointee such authority as his certificate of authority may prescrjlbo to sign with the Company's name end seal with rho Company's seal bonds,recognizance•,contracts of indemnity,and other writings obligatory in the natureof a bond,recognizance,or conditional undertaking,and any of seld officers or the Board of Directors may at any time romavny such appointee and revoke the power end authority given him, VOTED:That anybond,recognize ,contract of indemnity,or writing obligatory in the nature of a bond.recognizance,qr conditional undertaking shall be valid end binding upon Mk Company when la)signed by the Chairmen,the Vice Chairman,the President,en Executive Vice President,a Senior Vice President,a Vice Prate dent,an Assistant Vice President or by a Resident Vice President,pursuant to the power prescribed in the certificate of authority of such Rmiden.1 Vice President.and duty attested end treated with the Company's seal bye Secretaryor Assistant Secretary 'Irby a Resident Asalatent Secretary,pursue nt to tho power proscribed In the certificate of authority of such Resident Aeeisl a nt Secretory;or ib)duly executed lunder seal,if required) one or more Attorneys-In-Fact pursuant to the power prescribed in hie or their certificate or certificates of authority This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors o THE,ETNA CASUALTY AND SURETY COMPANY which Resolution Is now In full force and effect: VOTED: That the signature of eectt of the following officers:Chairmen,Vice Chairman,President,Any Executive Vico President,Any Senior Viso Provident,Arty Vice President Any Illfff�--"'aatatant Vice President Arty Secretary,Any Assistant Secretary.and the soot of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vico Presidents,Resident Assistant Secretaries or Anomeys-in-Fect for purpoaes ant'of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and arty such power of attorney or certificate boaring such facsimile atgnature or facsimile seal shell be valid and binding upon the Company and any such power so executed and certified l such facsimile signature end facsimile neat Own be valid end binding upon the Company in the future with roepoct to any bond or underteki Q to which it la attached. IN WITNESS WHEREOF,THE 4T,A CASUALTY AND SURETY COMPANY has caused this Instrument to be signed by Ite Assistent Vice President ,and Its corporate seal to be hereto affixed this 17th day of June 1e 82 ;^� a , THE /ETNA CASUALTY AND SURETY COMPANY 1, —., 4 \,,`,„�r" By as • State of Connecticut 7 se,Hartf rd Assistant Vice President County of Hen''ord On this 17 Eh day of Jtfne .1s 82 before me personalty came R. T. RIPPE , to me known,who,being by mo duly sworn,did depose and say:that he/she is Assistant Vice President of THE(ETNA CASUALTYAND SURETY COMPANY,the corporation described in end which executed the above instrument;that he/she knows the sealof paid corporation;thatthe a el affixed to the said instrument Is such corporate seal;end that he/oho executed the said Instrument on behalf of the corporation by authority of his/her office under the Standing Resotuttona Cheroot. 'tntf• ;.o11 x ra a.R 0 1111: II s as 4••...et M; i misa;on esplroe March tit,15 84 Notary Public CERTFICATE I,the undersigned, Secretary of THE/ETNA CASUALTY AND SURETY COMPANY.a stock corporation of the Stare of ConnecticutDO HEREBY CERTIFY that the foregoing and atItchedPower of Attorney snd Certificate of Authority remains In full force and has not boon revoked;and furthe+ore,that the Standing Resolutions of the Board of Directors.as set forth In the Certificateof Authority,are now in force. Sinned and Sealed at the Home co of the Company in the City of Hartford.Stale,. annoeUCLLL gated th, day of DEGE>• 3ER 19z ib'• .\. ,By i� .. 11 J — Secretary POINTED IN U S l •— ' ..._ 01 . .._ .. t•' .— . + ` ` ` r.IiT ' ,� if..kLr� r'Gi;1- is•,•,17i f � ,-• ,< . . "• z' tiy ~ ,- :• • .: 1..;,,t, . . „ H. . , 1 ,, ICY'e P,_ /2-ca/be-&6)-0 . V tf/i‘027`LLC U tl I Ill Hartford,Connecticut I( (A Stock Company, herein called the Surety) `• I - PUBLIC EMPLOYEES IH,ANKET 13ONI) ; •j kt O CLr11tATION5 P,,, I E Bond No.TBISI'162T41t0'-7-7': 1. ,ate Obligee: ADI•1IN ISTRATIVE OFF ICE OF THE COURTS, vl• Item d. name of :-.C. i (Herein called the Obligee) STATE OF NORTH CAROL INA V ,... �, I RALEIGH NORTH CAROLINA I ) I Item 2, Name of Insured: ADMINISTRATIVE OFF ICE OF THE COURTS, (Herein called the Insured) STATE OF NORTH CAROL INA 'f I RALEIGH NORTH CAROL INA •' .� — 111111 1,r, Item 3. Bond Period: from the beginning of 03/01/78 I t •J to 12 o'clock night on the effective date of the cancelation►orltermina►[ion of this Bond as an 1a entirety.. I f if?'I i1?' rItem rb, i Iuhle ofLintit� oTLinhilit 1. I Insuring Agreerneht 1 Honesty Blanket Bond Coverage Insuring A'f;re.c[ut'i►t 2 Honesty Blanket Position Houd Cnvrrage g : t Insuring Agreement 3 Ftiith_f rfurnlaace Blanket Bond f'nverac• 3 100,000 r' I Of Insuring Agrceine .t =I- Faithful Performance Blanket Position Bond �r 1 Coverage �' I Item 5. The liability of[Ile Surety is subject to the terms of the following riders attached hereto: I i ;�I 8000(1 -3) ; rr 1::;.,,,i vii Item. G. The Obligee and the Insured by the acceptance of this Bond give notice to the Surety terzni. t;.r noting or canceling prior bund(s) N'o-(s) T`I f�: such termination or cancelatiou to be effective as of the tine this Bond hecumes effective. ;is �%t Signed and dated THIS 1ST DAY OF MARTH, 1978. —� + � THE T11AVELI:AIS INDEMNJ'1y' COMPANY pt t.`)t I l Z ` f` $1101 S...18 .a.I tc.-o$. STS 41 �;, y- >. x4 'ri' Zf r+r'i'!\i i7:' • x.`d'.1 -'..• 1'.r�`T::c::: zi ;N;',�'r:l:�, i, Ig�V�Rt".;j�?T'$=.-t C•` TL—r•. � I i;;:j� 1'UISLIC EMPLOYEES::I:S t1[.r1IYKG'1" BOND ,,.. I .. I(:'�4 Obligee ADM IN IS RAT IVE OFF ICE OF THE COURTS, STATE OF NORTH CAROL INA N RAL EIGH INC �;IP: Insured AG;1l�llSTRATIVE OFFICE OF THE. COURTS, STATE OF NORTH CAROLINA I k, t RALEIGH NC �,,. �E ; Bond No. The Travelers Indentnity Company, Hartford, Connecticut i 1 1 -BBP-162T1a4'J_7-78 - _ �I, lir:;1! ,,,...r • t ' j' ^ — ? ' ...' : . . ; • , 'the Surety, in consideration of the payment of the premium, and subject to the Declarations made a.part h2i•cof, the General Agreement,Conditions and Limitations and other terms of this Bond,agrees,in accordance with such of the Insuring Agreements hereof as are specifically designated by the insertion of an amount of indemnity in the Table of Limits of Liability,to indemnify the Obligee for the use and benefit of the Insured for: - i INSURING AGREEMENTS ` l.: HONESTY BLANKET BOND COVERAGE I. Loss sustained by the Insured through any fraudulent or dishonest act or acts committed by any of the Employees.acting alone or in collusion n ith others.during the Bond Period,to an amount not exceeding in the aggregate the amount stated in the Table of Limits of Liability applicable to this Insuring Agreement I. . HONESTgY BLANKET' POSITION BOND COVERAGE 2. Loss sustained alone or in collusion ytth others`during the BondrPer'iod the amolunt of indemnity on each tof such Employees being the samou acting stated in the Table of Limits of Liability applicable to this Insuring Agreement 2. 1 I AiTHFUL PERFORMANCE BLANKET BOND COVERAGE V'3. to caused to the Insured through the failure of thS.�mpIgeit s,ac i Rite ooe in collusion with others,to. erfor fa' es o�tn mount ro 17 or all monies and ro erty re ei u. . r si a to merit dunng to an amount Oct exceedingtn t e sggresote t a amount stated in the Table of Limits of Linbi ity app ica a ' to ibis Insuring Agreement 3. FAITHFUL PERFORMANCE" BLANKET POSITION BOND COVERAGE 4, Loss caused to the Inslured through the failure of any of the Employees,acting alone or in collusion with others,to perform faithfully his duties or to account properly for all monies and properly received by virtue of his position or employment during the Ilona Period,the amount of indemnity on each of such t.mployces being the amount stated in the Table of Limits of Lie, bility applicable to this!n'auring Agreement 4. GENERAL AGREEMENT I • t LOSS UNDER PRIOR BOND If the coverage of an insuring Agreement of this Bond is substituted for any prior bond carried by the Insured or by any predecessor in interest of the Insured which prior bond is terminated,canceled or allowed to expire as of the time of such sub- stitution,the Surety agrees that such lusuring Agreement applies to loss sustained by,or caused to,the Ensured,as the case may be,prior to or during the Bond Period,provided that such loss is discovered after the beginning of the Bond Period and prior to the expiration of three years from the concclation of this Bond as an entirety and that such loss would have been recoverable by the Insured or such predecessor under such prior bond except for the'fact that the time within which to bring suit,action or proccedingjof ally kind thereunder had expired,and provided further: (1) the indemnity afforded by this General Agreement shell be a part of and not in addition to tho'amount of coverage _afforded by the[applicable Insuring Agreement of thi llond;and • (2) such loss wouldlhave been covered under such Insuring Agreement had such Insuring Agreement with its agreements, conditions and limitations as of the time of such substitution been in force when the acts or defaults causing such loss were committed;and (3) recovery underlsuch Insuring Agreement on account of such loss shall in no event exceed the amount which would have been recoverable under such Insuring Agreement in the amount for which it is written as of the time of such substitution,had such insuring Agreement Leen in force when such acts or defaults were committed,or the amount which would halve been recoverable under such prior bond had such prior bond continued in force until the discovery t - of such loss if the latter amount be smaller. _ . THE FOREGOING INSURING AGREEMENTS AND GENERAL AGREEMENT ARE SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: • I • " DEFINITIONS .t i,. dance submitted reasonably establishes that the loss was in Scctioo I, The following terms, as used in this Bond, fact caused by such Employee through such acts or defaults shall have the respective Meaning's stated in this Section: and provided,further,that regardless of the number of such p 5 Employers concerned or implicated in ouch toss, the aggre- "Fmployee" as used in Insuring Agreements I and 2 gate liability of the Surety for any such loss shall not exceed means a person while In the employ of the fissured during the amount stated in Item 4 of the Declarations applicable to the Baud Period who is not required by law to give bone such Insuring A'-cement. conditioned for the faithful performance of his duties and who is a member of the stuff or personnel of the Insured E'}CCLUSION - - but does not mean ally Treasurer or Tax Collector by whatever tide known. Section 3. This Bond does not cover any loss sustained "Employee' as used in Insuring Agreements 3 and 4 by or caused to,the Insured under circumstances wlwrehmy means a person while in the employ of the Insured during and to the amount which the Obligee or the Insured volun- the Bond Period who Iis not required by low to furnish tarity undertakes or is obligated by law to exonerate or an Individual Bond to qualify fur office and who is a mein, indemnify any of the Employees against liability incurred by her of the staff or personnel of the Insured but does not them in the performance of their duties. mean any Treasurer dr Tax Collector by whatever title L{h{IfS OF LIABILITY known, I Section 4, Indemnification by the Surety for any loss UNIDENTIFIABLE EMPLOYEE under lnsuriug Agreement 1 or 3 shall not reduce the Section 2. In case a loss is alleged to have been caused Surety's liability for other losses under the applicable Instir. to the Insured through airs or defaults by an Employee coy- ing Ap••rcemcnt, wltcueser sustained; provided, hoprcter, ercd under an applicablellnsuriug AI!recmeut of this Bond, that the Surety s total liability under each such Insuriu•• while such Insuring Agreement is in full force and effect and Agreement fur any Ins caused by an Employee or in whicFi the insured shall Le unable to Jcai,unto the specific Employer such Employee is concerned or implicated is limited to the causing such loss, the Insured shall inwertheless have the applicable amount of indemnity specified in the Table hf t..•n-die of such lns.rinel At:ract:a lit provided that the evi• Limits of Liability, i i I in accordance -The the Surety, in consideration n the pa and Lim itat on5c and other dterms of this Bond,Declarations i an amount cor ce : hereof,i the General Agreement,Conditions with such of the Insuring Agreements hereof as are specifically designated by the of emnit in the Table bf Limits of Liability,to indemnify the Obligee for the use and benefit of the Insured for Ind y INSURING AGREEMENTS HONESTY BLANKET BOND COVERAGE actin I. sustained by the ;loured through any fraudulent or dishonest act Or acts exceeding committed ite aggregate a to of ho a Employees,i stated in inn a"alone n col y, i Table or in mite of Lµ'tilt during the Bond Period, this Insuring Agreement 1. 1'a61e of Limits of Lialailitp app `1 HONESTY BLANKET POSITION BOND COVERAGE through on each tesuch any of the mp oyee amount alone Loran collusion by�h thers,during the BondrPeriod the amount of indemnity n each of s c any of Employees beingtees,mount atone of in the Table of Li o stated'in rho Toble of Li�ts of Liability applicable to this Insuring Agreement - FAI1HFUL PERFORMANCE BLANKET BOND COVERAGE tgperfo ' '„, ,`,�s,aui oltoor�incol! .' nwth .. T r of „ lo mart during 1r✓3, ss caused to the t. , r throw h the fees o t. t r,t. •for all monies and ,seam amount rh�r,i;nnd-Yrsiod to an ,, . . not esteedtn, to r e ere°ate t e amount stated in the Table of Limits of Liebi ity app ia' to this Insuring Agreemeqt 3. FAI IHFUL PERFORMANCE BLANKET ET POSI nION aBO aDir COVERAGE with others.to perform faithfully 4. Loss chic du to or Inured tit prop rly failure of any pp l emnt du of lira- thBd Period,oil,the or to�unt of indemnity on onaeach ofesuch Employees being the amount stated in Table employment Limits during the Fiord Period,the amq bility applicable to this ensuring Ag reerneut 4.. I41 GENERAL AGREEMENT I LOSS UNDER PRIOR BOND If the in interest ad ensuring Agreement o this Bond is nt loss any prior bond to expire e to, of thInsured,time the cab- predecessor sub- stitution,the e inretyst ode that which Agreement applies t canceled ss sustained erne after allowed ae d to g of the d as the case stay be,prior Sorory age may boo the to curio the Hoed years from he provided nc that suoh loss is and recoverable er the expiration e Insuredtor suchapredeces or under such prior bond,excc t for the fact ond that such loss that the time hare been 'bring suit, action oy suit,action or proceedinpng of any kind thereunder had expired,and provided further: d not in addition to the amount of coverage (1) afforded by diet applicable Inuring Agreement troftthis Bond;and (2) such loss would have been covered under such Insuring Agreement hatl such Insuring Agreement with its agreements, conditions an limitations as of the time of such substitution been in force when the acts or defaults causing such loss were committed;and (3) have been rear erahienmiders such Insuring Agreement tf in the amountlfor no which it s written aamount f the timelofrsuch substitution, Agreement`been in force when such acts or defaults were committed,or the amount which ouid had such(recover Age �. p�SSUCh loss ifhheiatter umournt be smallar.ch prior bond had such prior bond continued in force until the discovery 1 THE FOREGOING INSURING LLO�ItiC CONDITIONS GENERAL ARE SUBJECT 1 1O THE .... .. DEFINITIONS .n i., dered submitted reasonably establishes that the loss was in "t fact caused by such Employee through such acts or defaults Sect on 1. The following terms, as used in this Bond, and provided,further,that regardless of the number of such shall have the respecuv�meanings stated in this Section: Employees concerned or implicated in such loss, the aggre- "Employee" as used in Insuring Agreements I and 2 gate liability of the Surety for any such loss shall not exceed means a person while lin the employ of the Insured during the amount stated in Item 4 of the Declarations applicable to the Baud Period who its not required by law to give bond such Insuring Agreement. conditioned for the faithful performance of his duties and h�CCLUSION wbo is a member of a stuff or personnel of the Insured Section 3. This Bond dues not cover any loss sustained but does not mean slaty Treasurer or Tax Collector by whatever tide known, b or caused to,rho Insured under circumstances whereby and to the amount which the Obligee or the Insured veuty "Employee"alperso ss while din Insuring m lAgreements 3 and 4 y means a Peon whih in the tin required a the y law tot furnish manly undertakes or is obligated by law to exonerate or an person indemnify any of the Employees against liability incurred by the Bond Period whet is not requrced by law to furnish y bet of the staff Bond t otul el fur office Insured and who is a does not them in the performance of their duties.or mean n[any Treasurer�orttTax Collector by whatever title LIMITS OF LIABILITY knout any known. I Section 4. Indemnification by the Surety Crr any' loss UNIDEYTJ�IFIA[tLE EMPLOYEE under Insuring Agreement 1 or 3 shall not reduce the Section 2. In case al loss is alleged to have been caused Surety's liability for other losses under the ap�Qtlicable Insur- er the Freiman through fiats su or ring A Agreement Employee s Bond, that Agreement, Surety's whenever total 5liubilitst under each such Insuring while user an apng Agreement men Insuring F t hii nsuredishallrbe u male to desist atolthe force and effect and specific Employee suchEmployee is concerned 1 or timnpli implicated limited to the the] causing such loss, the Insured shall nr.,ertheleys have the applicable amount of indemnity specified in the Table of l.,;t.fit ei such li:;;ic nf: A+:rrc:u+ it provided that the evi. Limits of Liability. 1 r I ut..t„towns unuer the apptreame tnaururg Agreement,until. (b) Upon the death,resignation or removal of such-Ern- ..ever samained;provided,however,the Surety's total liability ployee;or - under each such insuring Agre'lement as to each Employee is (c) At 12 o'clock night upon the effective date specified limited to the applicable amount of indemnity specified in the in a written nonce mailed to the Obligee and the In- Table of Limits of Liability. sured. Such date shall be not less than thirty days . Regardless of the number of years this Bond shall continue after the date of mailing.The mailing by the Surety in force and the number of premiums tihich shall be payable of notice as aforesaid to the Obligee and tho Insured or p.ti,l, the limit of the Surety's liability as specified in the shall be sufficient proof of notice,. Delivery of such Table of Limits of liability shall not be cuntulatice from written notice by the Surety shall be equivalent to ycar to,year or period to period, mailing, This Bond may be canceled by the Obligee or the Insured LIMIT OF LIABILITY IUNDER THIS BOND by mailing to the Surety written notice stating when there- AND ANY PRIOR BOND after the cancelation shall be effective.This Blond may be canceled by the Surety by mailing to the Obligee,tad the Section 5. With respect to loss under Insuring Agree. Insured written notice stating when, not less than thirty event 1 or 3 caused by any Employee or in which such Em. days thereafter, such cancclation shall be effective. The ployee is concerned or implicated or which is chargeable to mailing of notice as aforesaid shall be sufficient proof of such Employee as provided in Section 2 of this Bond and with notice.Delivery of such written notice either by the Obligee respect to loss under lnsuringlAgreement 2 or 4 caused by or the Insured or by the Surety shall be equivalent to mail- any Employee or which is chargeable to such Employee as ing, if the Obligee or the insured cancels,earned premium prntided in Section 2 of this Bond and with respect to loss shall be computed in accordance with the customary short under any insuring Agreement which occurs partly during rate table and procedure. If the Surety cancels,earned pre- the Rand Period and partly during the period of other bonds reiutn shall be computed pro rota,Premium adjustments may itsucd by the Surety to the Insured or to any predecessor in be made at.the time cancelation is effective or as soon as interest of the Insured and terminated or canceled or allowed practicable after cancelation becomes effective,but payment to expire and in which the period specified therein for bring• or tender of unearned premium is not a condition of cancela- ittg suit, action or proeeeeling of any kind, or if no such lion. period is specified therein,then within the period prescribed if any of the cancelation provisions set forth in either or y the applicable statute of limitations, has not expired et both of r the foregoing paragraphs of this Section ore ro- ►!te time such loss thereunder is discovered, the total hibited or made void by any any controlling the construction liability of the Surety under this Bond and under such other of this Bond,such provisions to the extent the are so pro• bonds shall not exceed,. in the aggregate, the amount hibited or made said shall be deemed to be nullified and of no carried under the applicable ilnsuring Agreement of this effect. Bond on'such loss or the amount available to the Insured under such other bonds, as limited by the terms and condi- LEGAL PROCEEDINGS ; lions thereof,for any such loss'if the fatter amount be larger. Section 7. No suit, action or proceeding of any kind to recover on account of loss under this Bond shall be brought CANCELATIOiI after the expiration of three years from the cancelation of this ldond as an entirety provided, however, that if such Section 6, This Bond shall be deemed canceled as to any limitation for bringing suit, action or proceeding is pro- Employee: I hihited or made void by any law controlling the construction (a) Immediately upon discovery by the Obligee or the of this Bond,such limitation shall be deemed to be amended Insured of any act on the part of such Employee so os to be equal to the minimum period of the limitation ; which would constitute a liability of the Surety under permitted by such law. In witness whercof, the Surety has caused this Bond to be executed on the Declarations page. t . . _ c 'S f fir' I i ,. T .. Y F: • I SHE. TRAVELERS INSURANCE COMPANIES 1 Phis endorsement is issued by that member of The Travelers Insurance Companies which isated the policy of which this indorsement forms a part If any additional premium is I noted below, this endorsement is issued in consideration thereof. If any return premium is noted below, the receipt thereo;(is acknowledged upon acceptance of this endorsement. I Amending T-f:BP-1 E2T440—]—'T8 Effective from_ I , .nt the time of day the policy becomes effective., Policy No__.�_, (51a.µ,wr.Ygal Issued to, -. f , Data of Issue: Additional Premium$ Return Premium$ (The information provided for above,except the policy number,is.required to be stated only when this endorsement is issued for attachment:n the policy subsequent to its effective da:e.) It is agreed that as of the effective dite hereof the policy is amended in the following particulars; IT IS AGREEO THAT: SECTION 3 OF THE BOND IS DELETED AND REPLACED BY THE FOLLOWING: i EXCLUSIONS SECTION 3. THIS BOND DOES NOT COVER LOSS TO THE INSURED AS A RESULT OF: (A) LIABILITY IMPOSED UPON OR ASSUMED BY THE INSURED TO EXONERATE OR INDEM- NIFY AN EMPLOYEE FROM OR AGAINST LIABILITY INCURRED BY SUCH EMPLOYEE IN THE PERFORMANCE DUTIE'p; OR (B) DAMAGES FOR WHICH THE INSURED IS LEGALLY LIABLE AS A RESULT OF: (1) THE DEPRIVATION OR VIOLATION OF THE CIVIL OF ANY PERSON BY AN EMPLOYEE; OR ( II) THE TORTIOUS CONDUCT OF AN EMPLOYEE, EXCEPT CONVERSION CF PROPERTY OF OTHER PARTIES HELD BY THE INSURED IN ANY CAPACITY. THE SURETY SHALL NOT pE LIABLE UNDER THIS BOND FOR LOSS SUSTAINED BY ANY PARTY OTHER THAN THE INSURED AS A RESULT OF ANY ACT OR OMISSION OF AN EMPLOYEE !':NETHER ii NOT SUCH ACT OR CMIISSION OCCURRED IN THE PERFORMANCE OF THE DUTIES BY THE EMPLOYEE.. 2. SECTION 7 OF THE BLOND IS DELETED AND REPLACED BY THE FOLLOWING: 1 . LOSS—LEGAL PROCEEDINGS SECTION 7. THIS BOIND IS FOR THE SOLE BENEFIT OF THE OBLIGEE FOR THE USE AND BENEFIT OF THE INSURED. NO SUIT, ACTION OR PROCEEDING OF ANY KIND TO RECOVER ON ACCOUNT OF LOSSI UNDER THIS BOND MAYBE BROUGHT BY ANYONE OTHER THAN THE OBLIGEE OR THE INSURED; ANY SUCH SUIT, ACTION OR PROCEEDING MUST BE BROUGHT PRIOR TO THE EXPIRATION OF THREE YEARS FROM THE CANCELLATION OF THIS BOND AS AN ENTIRETY, PROV IpEO, HOWEVER, THAT IF SUCH TIME L IM ITAT ION FOR BR ING ING SUIT, ACTION OR PROCEEDING IS PROHIBITED OR MADE VOID BY ANY LAW CONTROLLING THE CONSTRUCTION OAF THIS BONO, SUCH TIME LIMITATION SHALL BE DEEMED a.rra�r+, TO BE AMENDED SO A'S TO BE EQUAL TO THE MINIMUM PERIOD OF THE LIMITATION` PERMITTED BY SUCHLAW. 3. THIS RIDER IS EFFECTIVE AS OF 03/01/78. �j_� SDDD(1` C•1117(1 Kr:v,.tt^:n rtirrtot+u.s.., li Countersigned py. '• '' r 2 e.I �'� I y, j i , y. P is i C THE TRAVELERS INSURANCE COMPANIES t- Ihis endorsement is issued by thitt member of The Trawlers Insurance Companies which issued the policy of which this :ndorsement forms a part, If any additional premium is looted below,this endorsement is issued in consideration thereof. If any return premium is noted below, the receipt thereof is acknowledged upon acceptance of this endorsement. Aming Eticccive from— at the time of day the policy becomes effective.. Pafiendcyn k(o_T—R R P—162 Tf+kO_7_7$ tsrc.'m.Day.Yrnr) issued to—_ —_—. Dare of Issue: Additional Premium$ Return Premium$ (The information provided for above,except the policy number, is required to be stated only when this endorsement Is issued for attachment to the policy suhfequent to its effective date) It is agreed that as of the effective date hereof the policy is amended in the following particulars: SALVAGE THAT IN THE EVENT THAT THE LOSS EXCEEDS THE AMOUNT OF THIS BOND, THE INSURED AND THE UNDERWRITER SHALL SHARE WITH EACH OTHER IN ANY NET RECOVERY IN THE PROPORTION THAT THE AMOUNT OF THE PAYMENT UNDER Ti S BOND BEARS TO THE TOTAL LOSS. THE INSURED SHALL EXECUTE ALL NECESSARY PAPERS TO SECURE TO THE UNDERWRITER THE RIGHTS HEREIN PROVIDED FOR. 5r,e0.H7. $000(2) C-175a5 REV,11-75 rs,»rrs w u t a. Countersigned By • 11 ,. € S j a• t. THE TRAVELERS INSURANCE COMPANIES -this endorsement is issued by that member of The Travelers Insurance Companies which issued the policy of which this ^_ndorsement forms a part, If ;my additional premium is noted below, this endorsement is issued in consideration thereof. If any return premium is noted below, the receipt thereof is acknowledged upon acceptance of this endorsement. Amending T–BB P 162 1440– Effective from— at the time of day the policy becomes effective. Policy No ]—]$ (S(enth,Oay,Yrur)- - Issued to_ I __ Date of Issue: Additional Premium.$ Return Premium$__ (the information provided for above,except the policy number,is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective rate hereof the policy ix amended in the following particulars: TO APPLY A' OEDUTABLE IN THE AMOUNT OF $1 ,000, PER LOSS AS RESPECTS INSURING AGREEMEfNT 3 - FAITHFUL PERFORMANCE BLANKET BOND COVERAGE. i - i•rw1.Ho. 8000(3) , } �l ! C-1711.70 nat.31-76 nu,rto�.use Countersigned By ` �7 f. • a- I S. I i ' F 932 24 B - mAN-cm.- ",11Z7.172.7 WARD caaassta Acticn Item T -- NO. ) tn Arms= ? 1A Ismlia5TRAcm- aki,,^^ December 6, 1982 5Ujed:: Purchase of Front End Loading Refuse Truck • i7, 22.-t,--.a.eltz Purchasing Es Central lervices 7:1 Eeering: yes x ro - 2.ttar.11=a=t(S) :. Bid results InfomaarticalCcnct.,:-. Mark H. Rees nx:Tien-m-1-4=1,-; Ext 498 • Pur:oset To consider awarding the purchase of a Front End Loading Refuse Truck to Worth-Keeter, Inc- of Charlotte, N. C. for the price of $77,907.00, this • being the lowest- and most responsible bid. The purchase is subject to approval by the,Board of Commissioners of a Lease/Purchase agreement. • , The acquisition of this Refuse Truck will greatly reduce problems asso- ciated with the County Sanitation program by lessening down time and allow- ing one of the older units to be used as a back up. This purchase will result in the spending of $35,000,00 budgeted for the - - downpayment on this vehicle. A Lease/Purchase agreement for three years will, be negotiated to handle the remainder of the cost. To award the bid to Worth-Keeter, Inc. subject to financing arrangements. • t,:� Caroling Cooper Kabco 5anco Sanco Suburban Simpson Worth Na11ey `� Caro Cooperth #1 d12 sanitation Keeter Carolina 52,195.00 .ruck $52,429.00 $53,878.00 Peterbilt 310 Mack - MR-6865 Kenworth L-700 'acicer $29,2155.00 $36,356.00 $39,355.00 $25,712.00 Leash - 35 Dempster - Dempster Pack-Mor 34 yd. 38 yd. 35 yd. combined $80,249.00 $88,856.00 $91,855.00 $83,(114.67 $79,755.00 $77,907.00 ruck White RX2-64 White RX2-64 1983 White White RX2-64 White RX2-64 Peterbilt 310 ,' Leach 35 Dempster RX2-G4 Athey Model Ez - Pack 35 Pack-Mor 35 Packer Dempster FT-35 934 PCARD CF CCVMIS7CUERS Acticrt .;genda ACT/CN ;IZZYCA 771:1 ABSTFPCT Item Y.o. M.m.c. 1g7; DA December 6, 1982 subj=b-b: Award of Contracts for The Center for Adolescent Day Treatment Program ---------- :erzazt=Sne: Purchasing 6 Central Services public ao...a:c-izg 'es (e) : infammaticn CCntect: Mark H. Rees (1) Bid Results (2) Grant Award PI-3=e NE=71:at: ext. 498 — ' :> e: (1) To consider awarding contracts for the construction of the Center for Adolescent Day Treatment Program to the following companies on the basis of their being the lowest most responsible bidders: General Contract: Traid, Inc. , Durham, N. C. $76,600,00 Plumbing Contract: Worth Plumbing, Durham, N. C. $11,130-00 HVAC Contract: Lee Air Conditioning, Durham, N. C. $14,780,00 Electrical Contract: RVM Electrical Co. , S 9,957.00 Hillsborough, N. C. $112,461,00 - - Yeeed: (2) To authorize the County Manager to sign contract documents. North Carolina General Statute 143-128 requires the Board of Commissioners approval of any construction project costing more then $30,000.00. Author- izing the County Manager to sign the contract documents should expedite the project. N. C. Department of Mental Health Grant $100,000.00 Private goner $ 25,000.00 $125,000,00 Building Expenses ($112,461.00) Architects Fees ($ 10,359.00) 4 2,180.00 1) Award contracts as listed above, 2) Authorize County Manager to sign the contract documents, �_ ' ~~~ BID RESULTS General Contract: Triad , Inc' $76 ,600 C & A Construction Co . 87 ,719 Durham Construction Co ' 87 ,946 NewKor Construction , Inc. 83 ,925 Security Building Co. 82 ,900 Van Thomas Contractor, Inc . 84 ,024 D. W. Ward Construction Co ' 81 ,30I Plumbing Contract: ^ Worth Plumbing $I1 .I30 Acme Plumbing 12 ,749 Brown Brothers II '600 Sparrow and Sons 11 ,255 HVAC Contract : Lee Air Conditioners SI4 ,780 Carolina Air Conditioning 19 '280 Comfort Engineers I9 ,830 Hockaday Heatihg and A/C I8 '900 Electrical Contract: RVM Electric S 9 ,951 Adams and Tilley II `634 Alternate Electric I1 ,349 Pendergraph & Thomerson 17 ,754 Quality Electric I6 '983 Vaughan Electrical 20 ,380 Watson Electrical 1I `878 Wells Electric I4 ,850 . . _ . . . . . , ....,, t , . ...,_.... STATE OF NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES DIVISION OF MENTAL HEALTH AND MENTAL RETARDATION SERVICES JAMEs B. HUNT. JR, NORTH CENTRAL REGIONAL OFFICE R. J. SLACKLEY, M,0 GOVERNOR 720 Cm.locum Dv c DIRECTOR SARAH T MORROW. MO, MPH WIN6TON.SALCM N.C. 2710a JOHN K. CANON. SECRETARY Til.ISPHONC ISIS/ 7E14075 RECIONAL OiRECTOR February 22, 1982 MEMORANDUM TO: Mr. William F. Baxter, Area Director FROM: Mr. Jelin K. Canupp, Regional Director I RE: Day Treatment Services - "Willie M"/Assaultive Children I Thank you for yOur Action Plan on funding the above services. As a part of our regional status report on funding programs for assaultive children, your area projected reversions this fiscal year in the following categories: Day Treatment......,.,.... . , ..t 40,450 Case Management,... , .. ..., „.. 12,500 Out Patient. 12,500 $ 65,450 I have taken th greater figure of estimates for renovations for purposes of J determining yo current needs as follows: Estimate of Renovation.,.. . ..,3125,000 Less Projected Reversions. .. . -55,450 S 59,550 Less Amount for Renovation.. . t 25,000 Total.. ..„ ,— t 34,550 This is our estimate of your need for the current year which we will located in the region. r plan is to request approval for carrying over those con- struction/renovation funds which have been encumbered, I support your moving ahead with plans to renovate the building as quickly as possible. By th!Ei end of March, all funds within this category in the region not encumbered and/or projected to revert will be reassigned. I will conf4rm the amount theni Let us know if we can assist, JKC/ss cc: Ann Ryder, ,J.,11 ?rice, Dr, Lenore Behar . :. • 93 CCM • 2 5 3 BOARD CF CCVMISSICNE2S Action Agenda CT/CN AGENDA rrrx AssmAcr item No.,Z 57' MEETING DATE S u:oject: Lease Agreement, Cedar Grove Day Care Center .------- Purchisiine & Central Services Public Searing: yes X Ait=lohmentis) - • Proposed Lease T....fo=m-ticn Contact: Mark H, Rees Ph=ne P.:mbar: Ext 498 •---------- — rk121—me: To consider entering into a one (1) year Lease Agreement with The Cedar Grove Day Care Center for their use of County owned space located in the Cedar Grove Multipurpose Center. - - NGEB.d: A written Lease Agreement is necessary so that both parties concerned are aware of their duties and privileges in regards to the space being used. Rent will not be charged for use of the premises, however, the Cedar Grove Day Care Center will pay its proportionate share of the utilities, Rec=andation(s) : Enter into the Lease Agreement ' l PAGE 1 LEASE AGREEMENT NORTH CAROLINA ORANGE COUNTY THE LEASE AGREEMENT MADE THIS DAY OF , 19.., BETWEEN ORANGE COUNTY; NORTH CAROLINA, WHOSE PRINCIPAL PLACE OF BUSINESS IS 106 EAST MARGARET LANE. HILLSBOROUGH, - NORTH CAROLINA, HEREINAFTER CALLED THE LESSOR AND CEDAR GROVE DAY CARE CENTER, WHOSE PRINCIPAL PLACE. OF BUSINESS IS: CEDAR GROVE MULTIPURPOSE CENTER, HMY 86 N. CEDAR GROVE,NORTH CAROLINA, 27231/ `: HEREINAFTER CALLED THE TENANT. WITNESSETH IN CONSIDER TION OF THE MUTUAL BENEFITS TO THE LESSOR AND TO THE TENANT, AND OF THE CONVENANTS AND AGREEMENTS UPON THE PART OF THE. LESSOR AND THE TENANT TO BE KEPT AND PERFORMED, THE LESSOR HEREBY DEMISES AND LEASES TO THE. TENANT, AND THE TENANT LEASES AND TAKES FROM THE LESSOR THE. REMISES SHOWN ON THE FLOOR PLAN ATTACHED HERETO AS EXHIBIT A AND B REFERENCE MADE A PART HERE OF (HEREIN CALLED THE LEASED PREMISES) LOCATED AT CEDAR GROVE MULTIPURPOSE CENTER, NWY 86 N., CEDAR GROVE/ NORTH CAROLINA, 27231, MORE SPECIFICALLY DESCRIBED IN EXHIBIT A,. ATTACHED HERECTO BE OCCUPIED AND USED AS A DAY CANE CENTER AND FOR THE TERMS 4N0 CONDITIONS HEREIN SET FORTH. CST. TERM OF LEASE: THE TERM HE EOF SHALL COMMENCE ON THE FIRST DAY OF OCTOBER, 1982 AND SHALL ENO AT 121.00 MIDNIGHT ON THE 30TH DAY OF SEPTEMBER, 1983. (2) RENTAL; _ TENANT 5HA L PAY TO THE LESSOR THE SUM OF EIGHT THOUSAND, FOUR } HUNDRED DOLLARS $8,400) PER ANNUM, PAYABLE IN MONTHLY INSTALLMENTS OF SEVEN HUNDRED D LLARS ($700,-DO) EACH DUE ON THE FIRST DAY OF EACH MONTH, IN ADVANC DURING THE TERM OF THIS LEASE. THIS RENT SHALL BE SUSPENDED IN FAVOR OF AN IN—KIND CONTRIBUTION FROM THE LESSOR TO THE TENANT., C3) UTILITIES:' THE TENANT SHALL PAY ELECTRICITY AND FUEL FOR HEAT BASED ON THE FOLLOWING FORMUL S: TOTAL SQUARE FOOTAGE USED BY TENANT (2,100 SR. FT.) DIVIDED BY TOTAL USABLE SQUARE FOOTAGE OF THE BUILDING whERE THE LEASED PROPERTY IS LOCATED (33, 773 30.. FT.), TIMES THE AMOUNT OF THE ELECTRICTY A 6 FUEL FUR HEAT BILLS RECEIVED BY THE LESSOR DURING THE TERM OF THIS�LEASE FOR THE BUILDING WHERE THE LEASED PROPERTY IS LOCATED. THE ESSOR SHALL SEND THE TENANT ON A TIMELY tlAS1S A STATEMENT ITEMIZING SUCH UTILITY CHARGES. PAYMENT SHALL BE DUE To THE LESSOR wITHIN T 4IRTYAL30) DAYS ANDFSTHER DATE RONS,SUCH STATEMENIS.. THE LESSOR SHALL i �� .�..._._.T.�._13^36:07 07 OCT 1462.__. _--- --- - ------° --- . . r PAGE 2 (4) CARE AND REPAIR OF PREMISES: THE TENANT SHALL COMMIT NO ACTIVE WASTE AND SHALL TAKE GOOD CARE OF THE PREMISES PAD THE FIXTURES APPURTENANCES E SHALL, IN USE AND OCCUPANCY T HEMES, ONFORMTO ALL LAWS, ORDERS AND REGULATIONS OF THE FEDERAL, STATE AND MUNICIPAL ' REQUIREMENTS OF INSURERS, APPLICABLETO THEPREMISESYERNMENT, AHD THE -� THE TENANT WILL PROVIDE JANITORIAL SERVICES SUCH AS, BUT NOT �,� ' LIMITED TO, CLEANING OF DOOR AND INTERIOR OFFICE WINUOAS, WALL — CLEANING, OUSTING, LIGHT BULB REPLACEMENT IN TABLE LAMPS, EXTERIOR STAIRWAY SWEEPING, AND OTHER ACTIVITIES NECESSARY TO KEEP THE INTERIOR 1 OF THE LEASED PREMISES IN A CLEAN AND PRESENTABLE STATE. THE LESSO SHALL MAINTAIN AND OPERATE THE HEATING, THOSE AND MAINTENANCEA©UTIESMASNTHEYLESSOR WELL AS, APPRE RIATE. NEIL MAINTENANCE APPROPRIATE. INCLUDING SNOW REMOVAL, CUTTING OF GRASS, AND TRIMMING OF �� SHRUBS AND TREES; - t53 INTERRUPTION OF SERVICE: THE LESSOR 4SHALL. NOT BE OR BECOME LIABLE FOR DAMAGES TO TENANT ALLEGED TO BECAUSE OR OCCASSIONED BY OF IN ANY WAY CONNECTED WITH OR THE RESULT OF ANY INTERRUPTION, DEFECT OR BREAKDOWN FROM ANY CAUSE WHATEVER IN ANY bF THE SERVICES HEREIN REFERRED TO IN PARAGRAPHS 3 AND I ABOVE. HOWEVER UPON RECEIPT OF ACTUAL OTI9lEjCH03TEPS ANY ' ASSUCH INTERRUPTION, DEFECT, OR BREAKDOWN, LESSOR WILL TAKE REASONABLE TO RESTORE ANY SUCH INTERRUPTED SERVICE OR TO REMEDY ANY SUCH DEFECT. " (6) ALTERATIONS: ANY ALTERATIONS ADDITIONS, IMPROVEMENTS OR PARTITIONS. EXCEPTING THOSE PARTITIONSITO BE FURNISHED BY LESSOR, PERMITTED HEREIN SHALL BE MADE AT THE EXPENSE OF THE TENANT. THE TENANT AGREES THAT TENANT WILL MAKE NO ALTERATIONS, ADDITIONS OR THERLESSORTANDOTHATEALLAALTERATIONS. WITHOUT THE LMP? E ADDITIONS OF IMP UVEMENTS MADE BY AND FOR THE TENANT?WALLSrINCLUDING SPECIAL NOT INLIMITED COR�CAL AFDIXTURES.s,ORDIRAILINGSAORIWHATEVER TYPE, MATERIAL PLUMBING,- ELECTRIC OR HEIGHT, BUT' EXCEPTING MOVABLE OFFICE FURNITURE PUT IN AT THE EXPENSE LF MA NEUPONrANDSHALL,SURRENDERED wITH THE THEPROPERTY LEASED PREMISES- AS LESSOR A AND SHALL ALL RE E I PART THEREOF AT THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. THE LESSOR, HO EVER, RESERVES THE RIGHT TO REQUIRERpIEITENANTIQTO REMOVE ANY PANE ING, DECORATIONS, PARTITIONS, COVERINGS, BOOTHS, PLUMBING, ELECTRICAL FIXTURES OR OFFICE FURNITURE ) ICTOND BY OR REQUEST O THE NBYRITGA© C S ELECTION TO EITENANTATANYTIMEPRIORTO, ONOLERTHAN TEN DAYS AFTER, THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE OR A .: DATE FIVE DAYS AFTER THE GIVING OF SUCH NOTICE, WHICHEVER SHALL BE THE - LATER— 13:36:09 07 OCT L982 . r 1 PAGE 3 { (7) RIGHT OF ENTRY: THE TENANT (AGREES THAT THE LESSOR SHALL HAVE THE RIGHT TO ENTER AND TO GRANT LIC€NSES TO ENTER THE LEASED PREMISES AT ANY REASUNABLE TIME AFTER HAVING GIVING THE TENANT NOTICES OF ITS INTENT TO SU ENTER (A) TO EXAMINE ITHE LEASED PREMISES. (B) TO MAKE ALTERATIONS AND REPAIRS TO THE LEASED PREMISES OR TO THE BUILDING (INCLUDING THE RIGHT, DURING THE PROGRESS OF SUCH ALTERATIONS OR REPAIRS, TO KEEP AND STORE WITHIN THE LEASED PREMISES ALL NECESSARY MATERIALS, TOOLS AND _i EQUIPMENT). (C) FOR ANY PURPOSE WHICH THE LESSOR MAY DEEM NECESSARY FOR THE OPERATION AND MAINTENANCE OF THE BUILDING, OR (0) TO EXHIBIT THE LEASED PREMISES TO APPLICANTS. NO SUCH ENTRY' SHALL IN ANY MANNER AFFECT THE OBLIGATIONS AND CONVENANTS OF THIS LEASE. .. _ : (8) USE AND OCCUPANCY: TENANT AGREES THAT THE LEASED PREMISES WILL SE USED ONLY FOR THE PURPOSE HEREINBEFORE SET OUT IN THIS LEASE, THAT NO UNLAWFUL USE OF D THE LEASED PREMISES MILL E. MADE, THAT NO SIGN, NAME. LEGEND, NOTICE N OR ADVERTISEMENT OF ANY KIND MILL BE FIXED, PAINTED OR DISPLAYED ON ANY PART OF THE BUILDING, EXCEPT THAT THE NAME AND BUSINt88. OR PROFESSION OF THE TENANT MAY BE PAINTED WITH APPROPRIATE LETTERING APPROVED BY THE LESSOR ON THE DOOR. OR DOORS TO THE SPACE LEASED BY THE TENANT OR AS OTHERWISE AGREED TO BY THE LESSOR; AND UPON THE TERMINATION OF TIIHIS LEASEr TENANT MILL VACATE AND SURRENDER POSSESSION OF THE LEASED PREMISES' TO THE LESSOR IN AS GOOD CONDITION AS THE LEASED PREMISES1 WERE AT THE COMMENCEMENT OF THIS LEASE, ORDINARY WEAR AND TEAR EXPECTED. i . THE LESSOR RESERVES THE RIGHT TO USE THE LEASED PREMISES. FOR ANY REASONABLE PURPOSE, AS LONG AS THE USE OF SUCH PREMISES DOES NOT I UNDULY AFFECT T1HE OPERATION OF THE TENANT. THE LESSOR SHALL BE THE.. FINAL ARBITOR OF WHETHER THE PROPOSED USE BY THE LESSOR UNDULY AFFECTS .) THE OPERATION OF THE TENANT. (9) INSURANCE J I.F, BECAUSd OF ANYTHING DONE, CAUSED TO BE DONE, PERMITTED OR OMMITED BY THE TENANT, THE PREMIUM RATE FOR ANY KIND OF INSURANCE AFFECTING THE BUILDING SHALL BE RAISED, THE TENANT AGREES THAT THE ,. AMOUNT OF THE INCREASE IN PREMIUM WHICH THE LESSOR SHALL BE THEREBY OBLIGATED TO PAYS FOR SUCH INSURANCE SHALL BE PAID BY THE TENANT TO THE _! LESSOR ON DEMAND/ AND THAT IF THE LESSOR SHALL DEMAND THAT THE TENANT REMEDY THE CONDITION WHICH CAUSED THE INCREASE IN THE INSURANCE PREMIUM RATE THE TENANT viLL REMEDY SUCH CONDITION WITHIN FIVE (5) -> DAYS AFTER SUCH DEMAND, THE TENANT AGREES THAT THE TENANT SHALL NOT DO, OR CAUSE TO BE DONE, OR PERMIT ON THE LEASED PREMISES ANYTHING. DEEMED EXTRA HAZARDOUS ON ACCOUNT OF FIRE.. LESSOR SHALL CARRY FIRE AND EXTENDED COVERAGE INSURANCE INSURING ITS INTEREST IN THE BUILDING AND THE LEASED : PREMISES. TENANT SHALL CARRY FIRE AND EXTENDED COVERAGE INSURANCE INSURING ITS INTEREST, IF ANY, IN IMPROVEMENTS TO OR IN THE LEASED PREMISES AND ITS INTEREST IN ITS OFFICE FURNITURE, EQUIPMENT, SUPPLIES AND OTHER PERSONAL PROPERTY. BOTH THE LESSOR AND . THE TENANT HEREBY WAIVE ANY CLAIMS OR RIGHTS OF ACTION WHICH THE ONE PAGE 4 MAY HAVE AGAINST THE OTHER FOR LOSS OR DAMAGE COVERED BY SUCH INSURANCE POLICIES AND BOTH THE LESSOR AND TENANT COVENANT AND AGREE THAT EACH oF THEM wILL OBTAIN WAIVER FROM ITS INSURANCE RELEASING SUCHCARRIER'SSUBROGATION RIGHTS AASI S AGAINST THE ' OTHER PARTY. (10) INDEMNITY THE TENANT AGREES TO INDEMNIFY AND SAVE HARMLESS THE LESSOR AND THE AGENTS , SRVANTS AND EMPLOYEES OF THE LESSOR AGAINIST AND FROM ANY AND ALL CL.AI S BY OR ON BEHALF OF ANY PERSON, FIRM, OR CORPORATION ARISING BY REASON OF INJURY TO PERSON OR DAMAGE TO PROPERTY OCCURRING IN THE LEASED PREMISES OCCASIONED IN WHOLE OR IN PART BY ANY ACT ON THE PART OF THE TENANT OR AN EMPLOYEE WHILE ACTING WITHIN THE SCOPE OF EMPLOYMENT, AGENT, VISITOR, ASSIGN OR UNDERTENANT OF THE TENANT OR BY REASON OF ANY UNLAWFUL USE OF THE LEASED PRE+MISES OR ANY BREACH, VIOLATION OR NONLLPERFORMANCE. OF ANY COVENANT IN THIS LEASE UN THE PART OF THE TENANT TOIBE OBSERVED OR PERFORMED, AND ALSO FOR ANY MATTER OR THING GROWING OUT OF THE. OCCUPANCY OR USE OF THE LEASED PREMISES BY THE TENANT OR AN ONE HOLDING OR CLAIMING TO HOLD THROUGH OR UNDER THE TENANT.. TENANT GREES TO PAY FOR ALL DAMAGES TO THE BUILDING AS WELL AS. ALL OCCUPANTS THEREOF, CAUSED BY.TENANT'S MISUSE OR NEGLECT OF SAID LEASED PREMISES, ITS APPARTUS OR APPURTENANCES. LESSOR SHALL NUT BE LIABLE TO TENANT FOR ANY DAMAGE BY OR FROM ANY ACT OR NEGLIGENCE OF ANY COTENANT OR OTHER OCCUPANT OF THE BUILDING OR BY ANY OWNER OR OCCUPANT OF ADJOINING, CONTINUOUS. PROPERTY. (1.1) FIRE 0 OTHER CASUALTY IN THE EVENT THE BUILDING IN WHICH THE LEASED PREMISES ARE - LOCATED IS OESTR,YED BY FIRE, UNAVOIDABLE ACCIDENT OR CASUALTY, THIS LEASE SHALL. THEREUPON TERMINATE.. IN THE EV NT THE BUILDING IN WHICH THE LEASED PREMISES ARE LOCATED IS DAM GED BY FIRE, UNAVOIDABLE ACCIDENT OR CASUALTY TO SUCH AN EXTENT THAT IN LESSOR'S OPINION, THE PORTION OF SAID BUILDING IN • WHICH THE LEASED PREMISES ARE SPECIFICALLY LOCATED CANNOT BE REPAIRED WITHIN NINETY (90) DAYS: TO ITS APPROXIMATE CONDITION EXISTING IMMEDIATELY PRECEDING SUCH FIRE, UNAVOIDABLE ACCIDENT OR CASUALTY, THIS LEASE SHALL THEREUPON TERMINATE. IN THE EVENT THE PORTION OF THE BUILDING IN WHICH THE LEASED ,. PREMISES ARE (SPECIFICALLY LOCATED DAMAGED BY FIRE, UNAVOIDABLE ACCIDENT, OR CA UALTY AND THE SAME CAN BE REPAIRED WITHIN NINETY (90) DAYS FROM THE D TE OF SUCH FIRE, UNAVOIDABLE ACCIDENT OR CASUALTY, THE �.) PARTIES HERETO GREE THAT SAID LEASED PREMISES SHALL BE REPAIRED AND RESTORED BY LE SOR TO THE APPROXIMATE CONDITION OF SAID LEASED PREMISES EXISTI G BEFORE SAID FIRE, UNAVOIDABLE ACCIDENT OR CASUALTY, } AND THIS LEASE SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDED, HOWEVER, THAT TFjE RENT DURING THE PERIOD OF REPAIR BE REDUCED TO AN - AMOUNT WHICH, I1 LESSOR'S OPINION, BEARS THE SAME RATIO TO THE RENT - PROVIDED FOR EREIN AS THE PORTION OF THE LEASED PREMISES THAN AVAILABLE FOR USE BEARS TO THE ENTIRE LEASED PREMISES. UPON COMPLETION OF SUCH REPAIRS THE RENT SHALL THEREAFTER BE PAID AS 1 { i PAGE 5 PROVIDED FOR HEREIN AS THE PORTION OF THE LEASED PREMISES THEN AVAILABLE FOR USE BEARS TO THE ENTIRE LEASED PREMISES.- UPON COMPLETION OF 'SUCH REPAIRS THE RENT SHALL THEREAFTER BE PAIL AS PROVIDED IN THE PARAGRAPH ABOVE DESIGNATED RENT. (i2) DEFAULT IN THE EVENT THE TENANT SHALL FAIL TO PAY ANY RENT WHEN DUE. IN ACCORDANCE WITHITHE TERMS OF THIS LEASE OR DO OR FAIL TO DO ANY OTHER THING, CONDITI N, COVENANT OR REQUIREMENT OF THIS LEASE, AND SUCH DEFAULT SHALL CtNTINUE FOR A PERIOD OF THIRTY (30) DAYS AFTER WRITTEN NOTICE DELIVERED, TO TENANT AT THE LEASED PREMISES OF SUCH DEFAULT, THE LESSOR, WITHOUT�PREJUDICE TO ANY OTHER RIGHTS OR REMEDIES THAT IT MAY • HAVE, SHALL HAVE THE RIGHT, IMMEDIATELY OR AT ANY TIME THEREAFTER, TO RE-ENTER THE LEASED PREMISES AND REMOVE ALL PERSONS AND PROPERTY FROM • THE LEASED PREMISES. IN THE EVENT THE TENANT SHALL NEGLECT TO KEEP OR PERFORM ANY DTH R COVENANT, AGREEMENT OR CONDITION OF THIS LEASE OR SHALL FAIL TO C NFORM TO ANY OF THE BUILDING RULES AND REGULATIONS NOW ' IN FORCE OR EREAFTER ADOPTED BY THE LESSOR, THE LESSOR SHALL GIVE WRITTEN NOTICE. OF SUCH DEFAULT TO THE. TENANT; AND IN THE EVENT THAT n SUCH DEFAULT IS� NOT RECTIFIED 'WITHIN TEN (10) DAYS FROM THE DATE OF • SUCH NOTICE, THEd]N THE LESSOR SHALL HAVE THE RIGHT TO ENTER THE LEASED PREMISES IMMEDIAITELY OR AT ANY TIME THEREAFTER AND REMOVE THE TENANT THEREFROM, MITHO1UI PREJUDICE TO ANY OTHER REMEDIES OF THE LESSOR. IN THE EVENT OF ANTI SUCH RE-ENTRY, THE TENANT HEREBY WAIVES ALL CLAIMS. 'FOR DAMAGES WHICH MAY BE CAUSED BY THE RE-ENTRY OF THE LESSOR AND wILL- - SAVE THE LESSOR HARMLESS FROM ANY LOSS, COST UR DAMAGES OCCASIONED BY' - LESSOR THEREBY AND NO SUCH RE-ENTRY SHALL BE CONSIDERED OR CONSTRUED TO BE FORCIBLE ENTRY, SHOULD THE LESSOR ELECT TO RE-ENTER THE LEASED PREMISES AS HEREIN PROVIDED, OR SHOULD IT TAKE POSSESSION PURSUANT TO �- LEGAL PROCEEDING , IT MAY EITHER TERMINATE THIS LEASE OR IF MAY, FROM TIME TO TIME,. WITHOUT TERMINATING THIS LEASE, RE-LET THE PREMISES OR ANY PART THEREOF ON TENANT'S ACCOUNT FOR SUCH TIME OR TIMES AND AT O SUCH RENTAL OR RENTALS AND UPON SUCH OTHER TERMS AND CONDITIONS AS THE ' LESSOR IN ITS SOLE' DISCRETION MAY DEEM ADVISABLE, WITH THE RIGHT TO MAKE ALTERATIONS AND REPAIRS TO THE LEASED PREMISES, AND THE TENANT C SHALL PAY THE AMOUNT OF RENT DUE UNDER THIS LEASE TO THE DATE OF THE BEGINNING OF PAYMENT OF RENT PURSUANT TO ANY SUCH RE-LETTING, TOGETHER WITH THE COST OF SUCH RE-LETTING INCLUDING THE COST OF ANY ALTERATIONS O AND REPAIRS TO T E LEASED PREMISES, AND TENANT WILL 7HEhEAFTER PAY MONTHLY INSTALL ENTS. DURING- THE REMAINDER OF THE TERM OF THIS LEASE THE DIFFERENCE, IF ANY, BETWEEN THE RENT COLLECTED FROM SUCH a RE-LETTING AND THE. RENT RESERVED IN THIS LEASE, IF SUCH RENT COLLECTED IS LESS THAN THAT RESERVED IN THIS LEASE. NO SUCH RE-ENTRY OR TAKING • POSSESSION OF TH LEASED PREMISES BY THE LESSOR SHALL BE CONSTRUED AS -% AN ELECTION ON, ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION BE GIVEN TO THE TENANT.. NOTwITHSTANOIN G ANY SUCH RE-LETTING WITHOUT TERMINATION, THE LESSOR MAY AT ANY TIME AFTER - THE OCCURRENCE OF ANY DEFAULT SET OUT IN THIS PARAGRAPH NUMBER 12, ELECT TO TERMINtATE THIS LEASE AND MAY TERMINATE IT BY GIVING WRI1TEN NOTICE TO THAT EI FECT TO THE TENANT .. IF THE LESSOR SHALL AT ANY TIME TERMINATE THIS LEASE ON ACCOUNT . ` OF ANY DEFAULT SET OUT IN THIS PARAGRAPH, IN ADOITION TO OTHER , t i PAGE 6 'I RECOVER FROM THE TENANT ALL DAMAGES THAT HAY AVE'W IT MAY F THE LEASE,DAMAGES THAT REMEDIES SUFFER EASUN OF THE TERMINATION FTHESIEN EF THE LEASED IT MAY SUFFER LIMITED R THE COST OF RECOVERING RENT THE OTHER BUT NOT LIANDED THE IF ANY. OF THE AMOUNT OF RENT FUR THE PREMISES, AND PAID BXCEHE , � AMOUNTS TO BE PAID BY THE TENANT UNDER THE TERMS OF REMAINDER OF THE �STATED TERM, OVER TT�EESTTHEN EDREASONABLE RENTAL VALUE OF THE p HE REMAINDER THE PREMISES. F R iT :., (13) ASSIGNMENT AND SUBLETTING TENANT SHALL NOT SELL. ASSIOR,APLEDGE TORRHHYROTHE+ICA THIS ISELEASE, OR D ONE ASSIGNMENT OR HR SUBLET NTHE LEASED PREMISES CONSENT BY LESSOR AST A WAIASS OF THE SUBLETTING CONSENT LF LESSOR. OR OPERATE SHALL SUBLETTING CONTAINED IN THIS PARAGRAPH ApRTgUB1U.EA3ESA9HALLMt)ETSMAOE SUBLEASES SUBLEASES AND ALL SUCH LATER ASSIGNMENTS IN THE EVENT ANT ASSIGNMENT CONSENT. I ONLY WITH LESSORS PRIOR ►WRITTEN C . � REMAIN LIABLE TO LESSOR FOR RM PAYMENT ALL ALL OF THE LEASE OR SUBLETTING OF THE LEASE PREMISES IS CONSENTED TO THE LESSOR, TENANT SEAL RENT HEREIN PRC�VIDEO FOR AND FOR THE FAITHFUL PER J CONVENANTS AND �I,$I AS OF E LEASE LEASE BY ANy ASSIGNEE OR BEEN ASSIGNED OR THE LEASED ,-� PREMISES MIE SAME BLET.- AS IF T OR THE PREMISES PREMISES gUBLET;.- IF THIS LEASE SHALL BE ASSIGNED SUBLET BY TENANT LE°30R HEREUNDER RENTAL THAT EXCEEDS ALL RENTAL TO BE PAID TO AT THEN AND IN SUCH EVENT ANY SUCH EXCESS SHALL HEREUNDER, THEN _ OVER- TO LESSOR BY TENANT. - (14) BUILDING RULES AND REGULATIONS THE TENANTHAS HAS READERALES ANDTREGULATIONS 8Y ANRHERETO ONFTTACTED THE AND MADE A PART HEREOF RT HEREBY' SAME To TO SMAk RULES AND THE CARE,APROTECTIONTANDOBENEFITSOF THE THE TIME TN TIME HE OR ADOPT RIGHT TS WAIHE BUILDING DR THE' GENERAL COMFORT AND WELFARE OF I TENANT FURTHER `AGREE5- THAT THE LESSOR SHALL HAVE THE ANY DR ALL OF SUCH RULES IN THE ANY IN LEASE BUILDING WIULEiUT AND AND SAID RULES HE THAT THE LESSOR OTHER TENANT SHALL NOT RESPONSIBLE FOR THE NO RULES OR REGULATIONS.. (15) ©UIEi ENJOYMENT N CST1PULATE HERTAL THE LESSOR. AGREES FORMINGHEThE AAGREEMENTINA THE S7IPULATEU RENTAL r AND KEEPING AND PEA CONTAINED, SHALL HOLD ENJOy THE TERM AFORESAID. SUBJECT, .. 1 (16) WAIVII R THE CONTAINED BY LLLSNOTOBEADEEMEDEATO OBEAAYWAIVERAOF SUCHNCOVENANT ) HEREIN CONTAINED SANY SUBSEQUENT BREACH OF THE SAME OR OR EGRNEMENT bR THE SUBSEQUENT ACCEPTANCE OF COVENANT OR AGiREEM£NT HEREIN CONTAINED. I . . . . . _. . .... . _ .__.. .. ., .., .— , ..- -. . PAGE 7 RENT HEREUNDER By LESSOR SHALL NOT BE DEEMED TO BE A WAIVER OF ANY PRECEDING BREACi BY TENANT OF ANY COVENANT OR AGREEMENT OF THIS LEASE OTHER THAN THE =AILURE OF THE TENANT TO PAY TO THE PARTICULAR RENTAL ,.L . SO ACCEPTED, REGARDLESS OF LESSOR'S KNOWLEDGE OF SUCH PRECEDING BREACH AT THE TIME OF CCEPTANCE OF SUCH RENT. -? (1,7) INTEGRATION CLAUSE ANY STIPULIATIONS, REPRESENTATIONS, PROMISES OR AGREEMENTS, ORAL _ OR WRITTEN o MOE PRIOR TO OR CONTEMPORANEOUSLY WITH THIS AGREEMENT SHALL HAVE NO LEGAL OR EQUITABLE CONSEQUENCES, AND THE ONLY AGREEMENT MADE AND BINDING ON THE PARTIES IS CONTAINED HEREIN AND IT IS THE COMPLETE AND I 1:)TAL INTEGRATION OF THE INTENT AND UNDERSTANDING OF LESSOR AND TEN NT. IN W/TNES wEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS LEASE AGREEMENT AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. I LESSOR: oRANG COUNTY .- •:' 8Y . ......,......,...-WWWWWWWW.WWWWWWWWWWWWW....... (CHAIR, BO RD OF COMMISSIONERS) 1 e . . ATTEST: ,......,... .... ...... .,... ... ............... ......., (CLERK TO THE BOARD OF COM;ISSIONERS) TENANT: CEDAR ROVE DAY CARE CENTER '''d.--..........- • •.r r. ....- .. : It 1.11...WMUSOOW..........0.44........'W., r.e.e.An.e.e.eit.„ e.G'..,,Volf,e . ....P-4V2. 477417 '‘..f4etr ,C4.°010.7 .9 C 0 . G 'Th 'v./ . , .../ .. ....1 .... , . . . . . . . ','.• - . . i 1 g . \ -••■ , PAGE 8 RULES AND REGULATIONS (I) THE SIDEWALKS, ENTRANCES, HALLWAYS, ELEVATORS, AND STAIRWAYS ,--, SHALL NOT BE OBSTRUCTED BY ANY TENANT OR USED BY HIM FOR ANY PURPOSE .. OTHER THAN FOR INGRESS OR EGRESS. 1 e-,... (2) IF THE BUILDING WHERE THE LEASED PREMISES IS LOCATED HAS IN ' 1 LT CONFERENCE ROOMS, AUDITORIUMS, GYMNASIUMS, GYMATORIUMS, MEETING ROOMS, ETC.. THEIR USE MAY BE SCHEDULED THROUGH THE LESSOR UR HIS AGENT. THE TENANT CAN ONLY SCHEDULE THE USE OF THESE ROOMS FOR r ; HIMSELF, OR HIS AGENCY, ONLY. OTHER INDIVIDUALS OR GROUPS MUST CONTACT THE LESS R OR HIS AGENT DIRECTLY TO SCHEDULE THE USE OF THESE ROOMS. Oi C3) THE LESSOR MAY CHARGE FEES FOR THE USE OF CONFERENCE ROOMS, .., . AND AUDITORIUMS, GYMNASIUMS, GYMATORIUMS, MEETING ROOMS, ETC., TO OFFSET THE EXPENE OF PROVIDING THESE ROOMS. -., (4) NO ADDITIONAL LOCKS SHALL BE PLACED UPON ANY DOORS WITHOUT '— WRITTEN CONSENT THE LESSOR, NOR SHALL ANY DUPLICATE KEYS BE MADE OR OBTAINED OTHER THAN BY OR THROUGH LESSOR. ) I (5) TENANT SHALL NOT MAKE IMPROPER NOISES DISTURBANCES OF ANY KIND,. SING,- PLAy OR OPERATE MUSICAL INSTRUMENTS, RADIO, OR TELEVISION SETS, OR ANY MACHINES OR DEVICES IN SUCH FASHION, AS MAY BE DEEMED BY - ' LESSOR. TO INTERFERE WITH OTHER OCCUPANTS OF THE BUILDING. i (6) THE INSTALLATION OF WINDOW SHADES, VENITION BLINDS, DRAPERIES ,.. AND CURTAINS MAYBE INSTALLED SUBJECT TO LESSOR'S 'APPROVAL OF METHOD OF INSTALLATION INCLUDING HANGING HARDWARE AND OF COLOR AND TEXTURE OF - • ANY SUCH WINDOW COVERINGS. -..„ I (7) TENANT OR THEIR EMPLOYER: SHALL NOT: .T , A, KEEP ANIMALS OR BIRDS ON THE PREMISES. I ..., B. ALLOW. SlYCLES OR SIMILAR VEHICLES IN THE BUILDING. O. THROW AN THING THROUGH WINDOWS OR DOWN STAIRWAYS. D. LEAVE PR MISES UNOCCUPIED WITHOUT LOCKING ALL DOORS, EXTINGUISHING LIGHTS AND TURNING OFF WATER OUTLETS. ..., E. INSTALL R OPERATE VENDING MACHINES OF ANY KIND WITHOUT CONSENT OF LESSO . ---. .... F. USE, PREM SEs FOR LODGING ROOMS, GAMBLING OR ANY IMMORAL PURPOSE. .0 G. OPEN W/NlOwS WHILE AIR*CONDITIONING SYSTEM IS OPERATING. 1 ' H. KEEP KERISENE, BURNING FLUID AND OTHER HIGHLY INFLAMMABLE — MATERIAL ON THE PREMISES WITHOUT LESSOR'S CONSENT. 1, I. MAKE ADJ STMENTS TO HEATING AND A/R*CONDITIONING CONTROLS, PLUMBING e . . , [ . . 71. PAGE 4- APPARATUS, ELECTRICL FIXTURES AND EQUIPMENT, WINDOWS AND DOORS, (NOTIO LESSOR IF ADJUSTMENTS ARE REQUIRED OR DESIRED) . .!'r• J. INSTALL AY ANCHORAGE, SUPPORTING OR BRACING DEVICES INTO FLOOR, '— WALL PARTITIONS OR CEILINGS, (NOTIFY LESSOR IF ANY SUCH DEVISES ARE DESIRED). (8) THE POSPESSION, SELLING OR CONSUMPTION OF ALCOHOLIC BEVERAGES OR ILLEGAL DRUGS IS STRICTLY PROHIBITED ON THE LEASED PROPERTY, THE BUILDING OR THE GROUNDS. (9) THE LESSOR SHALL NOT BE LIABLE FOR ANY DAMAGES DUE TO STOPPAGES OR MALFUNCTIONS OF ANY SORT OF THE ELEVATORS, HEAT AND -C) kIR..CONDITIONING .SYSTEMS. PLUMBING FIXTURES AND THE ELECTRICAL POWER AND LIGHTING SYSTEM. (10) THE LESSOR RESERVES THE RIGHT TO MAKE SUCH OTHER AND FURTHER REASONABLE RULES AND REGULATIONS AS IN ITS JUDGEMENT IT MAY FROM TIME TO TIME DEEM NECESSARY FOR THE SAFETY, CARE. AND CLEANLINESS OF THE 0 PREMISES, AND FOR THE. PRESERVATION OF GOOD ORDER THEREIN (II) THE LESSOR RESERVES THE RIGHT TO DESIGNATE THE TIME WHEN ANO C METHOD BY ' WHICH FREIGHT, FURNITURE, SAFES, GOODS, MERCHANDISE, ANO OTHER ARTICLES FIAT BE BROUGHT INTO OR TAKEN FROM THE BUILDING AND THE LEASED PREMISES. REPAIRS, FAINTING? MATERIAL MOVING AND OTHER SIMILAR WORK THAT MAY BE DONE TO THE LEASED PREMISES BY OR FOR TENANT SHALL 8E PERFORMED BY ANY WORKMEN EMPLOYED, DESIGNATED OR APPROVED OY THE LESSOR. (1a) THE LESSOR RESERVES THE RIGHT AT ALL TIMES TO EXCLUDE BOOTBACKS, NEWSBOYS., (LOITERERS) VENDORS, SOLICITORS AND PEDDLERS FROM THE BUILDINGri AND TO REQUIRE REGISTRATIONS, SATISFACTORY IDENTIFICATION AND CREDENTIALS FROM ALL PERSONS SEEKING ACCESS TO ANY ft PART OF THE BUILDING, AT TIMES OTHER THAN DURLNG ORDINARY BUSINESS (.) HOURS. THE LESSOR WILL EXCERCISE. ITS BEST JUDGEMENT IN THE EXECUTION OF SUCH CONTROL BUT SHALL NOT BE HELD LIABLE FOR THE GRANTING OR REFUSAL OF SUCH1ACCESS. (13) THE LESSOR RESERVES THE RIGHT TO REGULATE AND CONTROL. ALL P PARKING LOTS AND DRIVEWAYS INCLUDING ASSIGNMENT OF PARKING AREAS, AND 0 INSTITUTING TRAFFIC PATTERNS. 13:36:at, 07 OCT 1982 1 j�ys,.ca nttpert-4+pry t�tr U�•ttitlf. 3 •� . ' 1 , ItIGGSDR: INSURANCL' AGENCY, INC. 778 !1 1f ttrt_moaa mm - "t CaTim,mx Id pryJarc I"" ! r++ni7 Lg0 Y SS}i s 4 r lrFSatVO.kritIllCtrt9lDDI2ltt 101"It""lF for"%'"?tt 770-4 1 720,4 st.tW.t.,W_ �strf r,,,.• y N7,��S nf3►. 37Sa (xrrs*�.t+3 t�usrstt��; ��rt...,gTtt -�t�oc►e�ct •ttA•t 1 �5� O c Comm n n 7211.4 �gGrrta:S:an"t' •� rti .(1��w 7711•4 - (tnhttb *VlAt r ' ,.t �' jeri�nr r�i� rt..t� ` .t°�. 72q•r t1 It lt1A (() t�Cr4v Ai �.yJ l 7711•r �xsVn s•#.rl} ., �u<f pate6 '�rr€�ttsP ---+� Z�. 77.t1•r t• ,S` (}� epm 4+€1 _•�C�{Z�fl�w 1.17 fj.t t• , ;f d3 71 t`l3 t t21!•t 100-+ (16,t3s i0) r it. ( -n man f fig.s E At X41>s3 ix t wat (tic tArx�an 3 441•+ 64. LA. th. •u'� lx- � rrprr halt f2Ces 72n is tjC.F �b*3Qsi .�3 !4A i�u DOXI T 150 •►SJ flK� � s� 1 �� p-riQ+eed tt[t t�.tt• (:rr{ t1.'.-+ Ct•:'+�Mt }'_ S.n,11- C+t € rsr�r. rr�iJ_ IS s»r. CR L; tat �reekt a i 'hs o j(5t (tDlse!t o (;.5e.t.tI) 1 1+:r h a n,u- <f ri id° -44s ntw- -.a• r t+ o (uT =`I• <nT }. 1 ! f+etsAOR (mrs dl.ft) of . "-�n t�4 e ��� �� �t. If:•r � �+ ��. Nact+tre.{ 1 4€}511-4 0' it=r! T T .!€4as tr+N �.,altec`{•' dtrVL I.?9i•s At G� � �e/T,�ltJlr ;e��i :!r4& • r: l AV •�y'y_ /_'/ tA/�►it +M 4�[y1� �r.m►�f1 i A rf-r E 1nr434•r �{ •' `�/- / �/`• �%�q(7';V• J .,..'.'� fit'' t r d r'7•4 2;34n.- Qr#*?• T l•r.tlTtt•r r � " A ' aP. COGN.TY .....: BOARD a'- CaTlISSIaTE.t.S Action Brenda I ACTICN AGENDA rrat paymcl. Item Db. I FM=G DATE I Subject: Lease Agrerrient, Hyconeechee Regional Library --7 1 Cepertilerlz.: purchasing & Central Services [Pub]ic Hearing: yes X no 1 . AttaChrert(S): Proposed Lease Irifouration Contact: Mark H. Rees [ Phone N3.m.:er: ext 498 — — -- i 1 ,...,' • Plir;0.5.e: To consider entering into a five (5) year Lease Agreement with the ' Hyconeechee Regional library for their use of County owned space located in the Human Services Building. _ — I — Need: A written, Lease Agreement is necessary so that both parties concerned are aware' of their duties and privileges in regards to the space being used. f 1 i 1..r:r.`..&.±..: Rent wili not be charged for use of the premises and the County is responsible for all utilities which are paid out of the Public Works budget 1 Recc=rendation(s).:1 Enter into the Lease Agreement I 1 . aR,ANT= ccuy= 9-3, 254 BCARD CF CCVMISSICNERS Action Agenda ACTICN AGENDA ITEM AESTPACT Item mo -21)23 MEETING r'al.'":." 21.1-ziect: Lease Agreement, Hyconeechee Regional Library E =at: Purchasing & Central Sifs pj — . zearing: yes X no : Proposed Lease Itifonmatic.;n Contact: Mark H. Rees Phone Number: ext 498 Plar .T.e: To consider entering into a five (5) year Lease Agreement with the Hyconeechee Regional Library for their use of County owned space located in the Human Services Building. — — A written lease Agreement is necessary so that both parties concerned are aware of their duties and privileges in regards to the space being used. Dtpaot: Rent will not be charged for use of the premises and the County is responsible for all utilities which are paid out of the Public Works budget Bacommendation(a) : into nto the Lease Agreement . . LEASE AGREEMENT North Carolina Orange County The leaSe agreement made this _day of 19 , between Orange County, North Carolina, whose principal place of business is 106 East Margaret Lane, Hillsborough, North Carolina, hereinafter Called the Lessor and Orange County Public Library, whose principal place of business is: 300 West Tryon Street, Hillsborough, North Carolina, 27278; a member of Hyconeechee Regional Lihrary, whose principal address is P. 0. Drawer E, Yancey- ville, North Carolina 27379, hereinafter called the Tenant. WITNESSETH In consideration of the mutual benefits to the Lessor and to the Tenant, and of the covenants and agreements upon the part of the Lessor and the Tenant to be kept and performed, the Lessor hereby demises and leases to the Tenant, and the Tenant leases and takes from the Lessor the premises shown on the floor plan attached hereto as Exhibit 4 and by reference made a part hereof (herein called the leased premises) located at: Orange County Human Services Building, First Floor West Wing, 300 West Tryon Street, Hillsborough, North Carolina, 27278, more specifically described in Exhibit A, attached hereto be oCcupied and used as a public library and for the terms and conditions herein set forth. (1) Term of Lease: The term hereof shall commence on the first day of January 1982 and shall end at 12:00 midnight on the 31st day of December 1987. The term of the lease shall be for five (5) years. (2) Rental: Tenant shall pay to the Lessor the sum of fifty-one thousand, one hundred and fifty dollars ($51,150) per annum, payable in monthly installments of four thousand, two hundred sixty-two dollars and fifty cents ($4,22.50) each due on the first day of each month, in advance during the perm of this lease. This rent shall be suspended in favor I - . ,.. , I I . I Page t2 Lease Agreement of in-kind ontribution from the Lessor to the Tenant. This contri- bution will\not be considered part of the yearly operating budget granted by the Lessor to the Tenant. (3) Utilities: The Le sor shall be responsible for charges for all utilities, including blit not limited to electricity, water, sewage and fuel for heat. (4) re and Re air_p_f_pnemises: The Tepant shall commit no active waste and shall take good i care of thel premises and the fixtures and appurtenances therein, and shall, in use and occupancy of the premises, conform to all laws, orde s and regulations of the Federal, State and Municipal Government, and the requirements of insureres, applicable to the premises. The tenant will provide janitorial services such as, but not limited to,\ cleaning of door and interior office windows, wall clean- ing, dustirig, light bulb replacement in table lamps, exterior stair- way sweepi4g, and other activities necessary to keep the interior of the leased\premises in a clean and presentable state. The Lessor shall maintain and operate the heating, air-condition- ing, elecJical and plumbing systems, as well as perform those repairs I and mainternce duties as the Lessor deems necessary and appropriate, including snow removal, cutting of grass, trimming of shrubs and trees, 1 floor clealing, bathroom cleaning, trash removal, exterior window washing, flourescent bulb and other overhead light bulb replacement. (5) Interruption caf,_sexvIxe: The L ssor shall not be or become liable for damages to Tenant \ alleged tohDecause or occasioned by or in any way connected with or the result of any interruption, defect or breakdown from any cause whatever ill any of the services herein referred to in paragraphs 3 and 4 above. However, upon receipt of actual notice of any such 1 interrupti?n, defect, or breakdown, Lessor will take such steps as \ are reason le to restore any such interrupted service or to remedy any such d I fect. \ , . . . , . Lease Agreelent Page #3 (6) Alterations: Any aleration, additions, improvements or partitions, excepting those partitions to be furnished by Lessor, permitted herein shall be made at the expense of the Tenant. The Tenant agrees that Tenant will make no alterations, additions or improvements to the leased premises without the written consent of the Lessor and that all alterations, additions or improvements made by and for the Tenant, including but not limitedto, any and all subdividing partitions, walls, special plumbing, electrical fixtures or railings or whatever type, material or height, hut excepting movable office furniture put in at the expense of !Lite Tenant, shall, when made, be the property of the Lessor ! and shall remain upon and be surrendered with the leased premises as a part thereof at the expiration or earlier termination of this lease. The Lessor I'however, reserves the right to require the Tenant to remove any paneling, decorations, partitions, walls, railings, floor coverings, booths, plumbing, electrical fixtures or office furniture installed blr or at the request of the Tenant, by giving notice of such electiOn to the Tenant at any time prior to, or not later than ten days after, the expiration or earlier termination of this lease or a date five days after the giving of such notice, whichever shall be the later. (7) Right of entry: The Tenant agrees that the Lessor shall have the right to enter and to grant licenses to enter the leased premises at any reasonable time after having given the Tenant notices of its intent to so enter (A)to examine the leased premises, (B)to make alterations and repairs to the leasrd premises or to the building (including the right, during the progress of such alterations or repairs, to keep and store within the leased premises all necessary materials, tools and equipment) , (C)for any purpose which the Lessor may deem necessary for the operation and maintenance of the building, or (D)to exhibit the leased premises to applicants. No such entry shall in any manner affect the 'obligations and covenants of this lease. 1 1 . ! 1 , I i . . ., . .. ... . _ . . . Lease Agreem nt Page 44 (8) 11 ,----ilanc : Tenant Ir.grees that the leased premises will be used only for the purpose hereinbefore set out in this lease,that no unlawful use of the leased premises will be made, that no sign, name, legend, notice or advertisement of any kind will be fixed, painted or displayed on any part of the building, except that the name and business or profession of the Tenant may be painted with appropriate lettering approved by the Lessor on the door or doors to the space leased by t1e Tenant or as otherwise agreed to by the Lessor; and upon the termination of this lease, Tenant will vacate and surrender possession (if the leased premises to the Lessor in as good condition as the leased premises were at the commencement of this lease, ordinary wear and tear expected. I (9) Insurance: If, beause of anything done, caused to be done, permitted or omitted by ihe Tenant, the premium rate for any kind of insurance affecting the building shall be raised, the Tenant agrees that the I amount of the increase in premium which the Lessor shall be thereby obligated to l pay for such insurance shall be paid by the Tenant to the Lessor on demand, and that if the Lessor shall demand that the I Tenant remedy the condition which caused the increase in the insurance premium rate the Tenant will remedy such condition within five (5) days after Inch demand. The Tenant agrees that the Tenant shall not 1 do, or cause to be done, or permit on the leased premises anything deemed extra hazardous on account of fire. Lessor shall carry fire [ and extended coverage insurance insuring its interest in the building and the leased premises. Tenant shall carry fire and extended coverage insurance insuring its interest, if any, in improvements to 1 or in the leased premises and its interest in its office furniture, 1 equipment, supplies and other personal property. Both the Lessor and the Tenant hereby waive any claims or rights of action which the 1 one may have against the other for loss or damage covered by such 1 insurance palicies and both the Lessor and Tenant covenant and agree that each af them will obtain a waiver from its carrier of such insurance releasing such carrier's subrogation rights as against I the other party. I I I I • I . _ .. ' . ----------- . , .. , _ . Lease Agreement Page 45 (10) Indemnity: The Tenant agrees to indemnify and save harmless the Lessor and the agegts, servants and employees of the Lessor against and from any and all claims by or on behalf of any person, firm, or corporationlarising by reason of injury to person or damage to property occurring in the leased premises occasioned in whole or f th in part by ny act on the part of the Tenant or an employee while [ acting with n the scope of employment, agent, visitor, assign or undertenant of the Tenant or by reason of any unlawful use of the leased premises or any breach, violation or non-performance of any covenant in this lease on the part of the Tenant to be observed or performed, find also for any matter or thing growing out of the occupancy or use of the leased premises by the Tenant or anyone holding or Claiming to hold through or under the Tenant. Tenant agrees to play for all damages to the building as well as all 1 occupants thereof, caused by Tenant's misuse or neglect of said leased premkses, its apparatus or appurtenances. Lessor shall not be liable to TLnant for any damage by or from any act or negligence of any co-tenant or other occupant of the building or by any owner or occupant of adjoining continuous property. (11) Eire or other casualt : In th- event the building in which the leased premises are located is destroy d by fire, unavoidable accident or casualty, this lease shall ther upon terminate. In the event the building in which the leased premises are located is damaged by fire, unavoidable accident or casualty to such an extent that in Lessor's opinion, the portion of said building in which the ]leased premises are specifically located cannot be repaired within nin ty (90) days to its approximate condition existing immediately preceding such fire, unavoidable accident or casualty, this lease shall thereupon terminate. In the event the portion of the building in which the leased premises ar specifically located is damaged by fire, unavoidable accident, or casualty and the same can be repaired within ninety (90) days from the date of such fire, unavoidable accident or casualty, , . . . . . . , . ., . . . Lease Agreement age 06 I the parties hereto agree that said leased premises shall be repaired and restored, by Lessor to the approximate condition of said leased premises existing before said fire, unavoidable accident or casualty, and this lease shall remain in full force and effect; provided, however, that the rent during the period of repair be reduced to an amount which, in Lessor's opinion, bears the same ratio to the rent provided for herein as the portion of the leased premises then I available for use bears to the entire leased premises. Upon completion Of such repairs the rent shall thereafter be paid as provided fo i. herein as the portion of the leased premises then available for use bears to the entire leased premises. Upon comple- tion of such repairs the rent shall thereafter be paid as provided in the para6raph above designated Rent. (12) Diefaulti In the event the Tenant shall fail to pay any rent when due in ! accordance With the terms of this lease or do or fail to do any other thing, condition, covenant or requirement of this lease, and such default shakl continue for a period of thirty (30) days after written i notice dellvered to Tenant at the leased premises of such default, the LeSSOr, without prejudice to any other rights or remedies that it may have, shall have the right, immediately or at any time there- after, to re-enter the leased premises and remove all persons and property fom the leased premises. Should the Lessor elect to re-enter the leased \premises as herein provided, or should it take possession pursuant to legal proceedings, it may either terminate this lease or it may, fr0m time to time, without terminating this lease, re-let the premises or any part thereof on tenant's account for such time or times and at such rental or rentals and upon such other terms and conditionsas the Lessor in its sole discretion may deem advisable, 1 with the right to make alterations and repairs to the leased premises. No such re-entry or taking possession of the leased premises by the 1 Lessor shall be construed as an election on its part to terminate this leaseunless a written notice of such intention be given to the tenant L Notwithstanding any such re-letting without termination, the Lessorlmay at any time after the occurrence of any default set 1 \ , k . 1 1 . • . _ Lease Agreement Page #7 out in thislparagraph number 12, elect to terminate this lease and may terminate it by giving written notice to that effect to the tenant. If the Lessor shall at any time terminate this lease on account of any default set out in this paragraph, in addition to other remedies it may have, it may recover from the Tenant all damages that it may suffer by reason of the termination of the lease, inclilding, but not limited to, the cost of recovering posses- sion of the leased premises. (13) Pisignment and subletting: Tenant; shall not sell, assign, pledge or hypothecate this lease, or sublet the leased premises or any part thereof without the prior written consent of Lessor. Consent by Lessor to one assignment or subletting *Ian not destroy or operate as a waiver of the prohibi- tions contained in this paragraph as to future assignments or subleases nd all such later assignments or subleases shall be made • only with Ilessor's prior written consent. In the event any assignment • of the lease or subletting of the lease premises is consented to by the Lessori, Tenant shall remain liable to Lessor for payment of all rent hereix provided for and for the faithful performance of all the covenants and conditions of this lease by any assignee or sublessees to the same extent as if the lease had not been assigned or the leased premises sublet. If this lease shall be assigned or the premises sublet by Tenant at a rental that exceeds all rental to be paid to Lessor hereunder, then and in such event any such excess shall be paid over to Lessor by Tenant. (14) Building rules and regulations: The Tenant has read the rules and regulations hereto attached and made a part hereof and hereby agrees to abide by and conform to the same and to such further rules and regulations as the Lessor may from time .H time make or adopt for the care, protection and benefit of the building or the general comfort and welfare of its occupants. Changes will be discussed and agreed upon with the tenant in writing before being put into effect. . , . , Lease Agreement Page #8 (15) Guiet enjoyment: The Lessor agrees that the Tenant on paying the stipulated rental and keeping and performing the agreement and covenants herein con4ained, shall hold and enjoy the leased premises for the term aforesaid, subject, however, to the terms of this lease. ii(16) aiver: i The waiver by Lessor of any breach of any covenant or agreement herein contained shall not be deemed to be a waiver of such covenant or agreement or any subsequent breach of the same or any other covenant or agreement herein contained. The subsequent acceptance 1 of rent by Lessor shall not be deemed to be a waiver of hereunder I any preceding breach by Tenant of any covenant or agreement of this ! lease othe; than the failure of the Tenant to pay the particular rental so ccepted, regardless of Lessor's knowledge of such pre- ceding brerch at the time of acceptance of such rent. (17) Integration clause: Any stipulations, representations, promises or agreements, oral or written, made prior to or contemporaneously with this agreement shall have no legal or equitable consequences, and the only agreement made and 1inding on the parties is contained herein and it is the complete nd total integration of the intent and understanding of Lessor and Tenant. In witness whereof, the parties hereto have duly executed this Lease Agr 1 ement as of the day and year first above written. Lessor: Orange County By: (Chair, Board of Commissioners) Attest: (Clerk to the Board of Commissioners) Tennant: Otange County Public Library, Member of Hyconeechee Regional Labrary By: (Chair, Orange County Public Library Board of Trustees) I . 1 Page #9 1 RULES AND REGULATIONS (1) Ttie sidewalks, entrances, hallways, elevators, and stair- ways shall not be obstructed by any Tenant or used by him for any purpose other than for ingress or egress. (2) If the building where the leased premises is located has in it conference rooms, auditoriums, gymnasiums, gymnatoriums, meeting roos, etc. , their use may be scheduled through the Lessor or his agent. The Tenant can only schedule the use of these rooms for himself', or his agency, only. Other individuals or groups must contact the Lessor or his agent directly to schedule the use of these rooms. The only excePtion to the above will be Meeting Room A-11, which is located on Diagram A. The Lessor shall delegate 1 the scheduling of this room to the tenant. The Lessor reserves the right to have a standing reservation for use of the meeting room. During thee scheduled times, the meeting room may not be booked for other activities by the Tenant without release from the Lessor. The Tenant shall make available whatever furniture and other equipment are currently available for use in the meeting room. (3) The Lessor may charge fees for the use of conference rooms 1 and auditoriums, gymnasiums, gymnatoriums, meeting rooms, etc. , to offset theIexpense of providing these rooms. 1 (4) No additional locks shall be placed upon any doors without 1 written consent of the Lessor, nor shall any duplicate keys be made • or obtained other than by or through the Lessor. (5) Tenant shall not make improper noises, disturbances of any kind, sing, play or operate musical instruments, radio, or television sets, Any machines or devises in such fashion, as may be deemed by Lessor to interfere with other occupants of the building. (6) The installation of window shades, venetion blinds, draperies and curtains may be installed subject to Lessor's approval of method of installation including hanging hardware and of color and texture of any such window coverings. i - , I . I [ I - . Rules and Regulations Page #10 (7) Tenant or their employer shall not A. Keep animals or birds on the premises. 131 Allow bicycles or similar vehicles in the building. C. Throw anything through windows or down stairways. D. Leave premises unoccupied without locking all doors, extinguishing lights and turning off water outlets. E. Install or operate vending machines of any kind without consent of Lessor. F.' Use premises for lodging rooms, gambling or any immoral purpose. G.1 Open windows while air-conditioning system is operating. H. Keep kerosene, burning fluid and other highly inflammable material on the premises without Lessor's consent. I. Make adjustments to heating and air-conditioning controls, plumbing apparatus, electrical fixtures and equipment, windows and doors, (notify Lessor if adjustments are required or desired) . Jw Install by anchorage, supporting or bracing devices into floor, wall partitions or ceilings. (Notify Lessor if any such devices are desired.) (8) T4e possession, selling or consumption of alcoholic beverages 1 or illegal drugs is strictly prohibited on the leased property, the I building orlthe grounds. I I (9) The Lessor shall not be liable for any damages due to stoppages or malfunctions of any sort of the elevators, heat and air-conditining systems, plumbing fixtures and the electrical power and lighting system. (10) Tkile Lessor reserves the right to make such other and further reasonable rules and regulations as in its judgment it may from time I to time deem necessary for the safety, care and cleanliness of the I premises, aid for the preservation of good order therein. Any changes will be discussed with and agreed upon in writing by the Tenant I before bein put into effect. I . . . I 1: . . .. .. . , . 4 II 1 . . . . . . . .___ _... . ____ ..,....._ Rules and RegulatiOns Page #11 (11) Thr Lessor reserves the right, to designate the time when and method by which freight, furniture, safes, goods, merchandise and other articles may be brought into or taken from the building and the leased premises. Repairs, painting, material moving and other similar work that may be done to the leased premises by or for Tenant sha1l be performed by any workmen employed, designated or approved by the Lessor. (12) T e Lessor reserves the right at all times to exclude bootbacks, riewsboys, (loiterers) , vendors, solicitors and peddlers from the buA.1ding, and to require registrations, satisfactory iden- tification and credentials from all persons seeking access to any part of the building, at times other than during ordinary business hours. ThelLessor will exercise its best judgment in the execution of such control but shall not be held liable for the granting or refusal of Such access. (13) T e Lessor reserves the right to regulate and control all parking lot and driveways including assignment of parking areas, and instituting traffic patterns. 6RADY PROVIN t'XH113J7" A A"4 '3 I / Vl witi R'OOR PwO Q cc :c 93 2 55 !CAM CC.7.02=1CFFL'S Acion edz Its= ) -1 ACT1CN .:= TCZOSA 7.nal -r AasTakcr - --- Su:sject: Lease Renewal Agreement, Carr Mill Mall Health Department Offices • IC'e:-.79.-----71?-71:t: Purchasing & Central Services pt,,blic VaS X • ' ' • Proposed Lease L.n.fo=m. riCcr.-:-.2..,-.7t:. Mark H. Rees Renewal Agreement 1__________________________ t Ph:me Nrrrl-en: Ext 498 To consider entering into a (3) year lease renewal agreement with Carr Mill, LTD for the use of space in Carr Mill Mall for the Health Department and Dental Clinic offices. Continued operation of Health Department activities in the Southern portion of the County will be necessary for the forseeable future. An informal survey by County staff on rental rates in the Chapel Hill/Carrboro area revealed that the $8.00/sq, ft, the County will be paying for these offices is considerably lower then other offices of comparable quality, 117-.7;*.c7t: The new rent figures represent an increase of 8% over the present rent. Incorporated in the original lease agreement is a escalater clause allow- ing for an annual adjustment of the rent based on one half the increase in the consumer price index. Utilities plus maintenance are included in the Fent. Renew the lease. . .. . .... . . . . . • . . . t , ± , ,... „ . .. ..... . . . . . . ...... . . . . .- LEASE RENEWAL Whereas, a lease agreement was made and entered into as of the 13th day of March 1979, y and between Carr Mill, a North Carolina Limited Partnership, al Lessor, and Or ge County, Lessee. And wherea , J.W. French and Patricia Ann French d/b/a, Carr Mill, Lessor and Orange Coun.y, Lessee, desires to renew said lease. Now theref re, Lessor and Lessee mutually agree to the following: 1) Lease renewal term will be for a three (3) year period begining November 1, 1982 and terminating at midnight October 31, 1985. 2) Annual base rent under paragraph 2-a of the original lease will be $33,088.00. 3) Annual base rent under paragraph 2-b of the original lease will be $11,552.00. 4) The oeginal lease will be amended to include the attached paragraph 19A. 5) All otter terms and conditions remain as is. LESSOR: it. . / .W. French i ----, / /2,:......,.....— I- A: P-tricia Ann French ATTEST: LESSEE: Paulette Pridgen - Pond Richard E. Whitted Clerk to the Oiange County Chairman, Orange County Board of Commi sioners I Board of Commissioners . — i 19A. Nondisturbance. The agreement to subordinate in Paragraph 19 is restricted to those mortgages, leases and other conveyances which specifically guarantee Lesser's right of possession against termination by foreclosure or other conveyance if Lessee is not in default. Further, no property owned and removable by Lessee Is subject to subordination. If the premises described in Appendix A hereto, or any part thereof, shall be sold, foreclosed or otherwise conveyed with subsequent attornment taking place this leas' shall continue as a lease between Lessee and the New Owner of said premises with the same force and effect as if the New Owner, as Lessor, m I d Lessee had entered into a lease as of the date of attornent; said leaf a continuing the same terms, covenants and conditions as those contained in this lease, including the right to renewal thereof. From and after said sale, foreclosure or other conveyance: (A) Lessee will attorn to New Owner and New Owner will accept sieh attornment. (B) New Owner will have the same remedies by entry, action or otherwise for the non-performance of any agreement contained in this lease for the recovery of rent, for the commission of any waste, or for any cause of forfeiture which Lessor would have had if the foreclosure, sale or other convey al ce had not taken place. (C) From and after the time of attornment, Lessee shall have the semis remedies against New Owner for the breach of any agreement contained in this lease that Lessee might have had against Lessor if the I premised had not been subjected to sale, foreclosure or other conveyance, including Liability for any act or omission of Lessor, any offsets or defenses i which L ssee might have against Lessor, and any rent or additional rent which Lessee might have paid in advance to Lessor. U, at the time of sale, foreclosure, or other conveyance, Lessor shall be obligated to do any work or make any alterations or improvements in the prmises demised under this lease, and if New Owner shall refuse to do so or make the same, Lessee may elect, within thirty (30) days after such ref al to cancel this Lease, in which event the rights and duties of Lessee, k essor and New Owner detailed In Paragraphs 19 and 19A of this lease sh be of no effect; provided, however, Lessee shall be responsible to New Owner for rent until the premises Is vacated and Lessee shall have the righ to remove any property owned by it and removable. BALLOT FOR BOARD VICE-CHAIR Ben Lloyd Shirley E. Marshall Norman Walker Richard E. Whitted Don Willhoit 4-111 ' Signature BALLOT FOR BOARD VICE-CHAIR Ben Lloyd Shirley E. Marshall Norman Walker Richard G. Whitted / �^~^ | Don WY]lhoit - . . ALOs. 4V" - ignatur- _ _ . \ - '-----' ~ ) BALLOT FOR BOARD VICE-CHAIR Ben Lloyd Shirley E. Marshall Norman Walker Richard E. Wh1tted ' -- Don Nf]lhnft otilizi,v Signature - - ' ' ----- - | - - — — ------' BALLOT FOR BOARD VICE-CHAIR _ Ben Lloyd Shirley E. Marshall 1__Norman Walker Richard E. Whitted Don Willhoit Signature BALLOT FOR BOARD VICE-CHAIR »~ { Ben Lloyd --------` ' Shirley E. Marshall Norman Walker Richard E. Whitted ( Don Willhoft ~~= 7-ure t BALLOT FOR BOARD CHAIR Ben Lloyd E. Marshall Norrian Walker � hard E. Whitted Do Wi1lhaft ee I I II Arne ignature _ '-- ' , BALLOT FOR BOARD CHAIR Ben Lloyd Sh rley E. Marshall Norman Walker 0.)<-. R4hard E. Whitted r tAL1114dj Signature °^g =tu ^ -f _-_ __ ` _-�--�'' � ' � _ - - ' � . BALLOT FOR BOARD CHAIR Ben Lloyd Sh'rley E. Marshall Norman Walker Ri hard E. Whitted Don Willhoit S gna BALLOT FOR BOARD CHAIR Ben Lloyd I Shirley E. Marshall I fr/ Norman Walker Rihard E. Whitted Do Willhoit Signature _ , ' . BALLOT FOR BOARD CHAIR Ben Lloyd Shirley E. Marshall Norman Walker WilJhoft /6;:fe<)'.4Wie"--' ature ._