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HomeMy WebLinkAbout2010-124 AMS - State of North Carolina - Lease Agreement for 503 W. Franklin St.<< - --Please return this copy to ~~ ~ ~ " ~~ Clerk to the Board's office for PAF THIS LEASE DOES NOT BECOME EFFECTIVE UNTIL EXECUTED BY THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE OF NORTH CAROLINA LEASE AGREEMENT COUNTY OF ORANGE THIS LEASE AGREEMENT, made and entered into this ~tt~a X999, by and between, COUNTY OF ORANGE, hereinafter designated essor, and the STATE OF NORTH CAROLINA, hereinafter designated as Lessee; WITNESSETH: THAT WHEREAS, authority to approve and execute this lease agreement was delegated to the Department of Administration by resolution adopted by the Governor and Council of State on the 1st day of September, 1981 and as amended on December 2aa~ 1999, and WHEREAS, the parties hereto have mutually agreed to the terms of this lease agreement as hereinafter set out, NOW THEREFORE, in consideration of the rental hereinafter agreed to be paid and the terms and conditions hereinafter set forth, Lessor does hereby let and lease unto Lessee and Lessee hereby takes and leases from Lessor for and during the period of time. and subject to the terms and conditions hereinafter set out certain space in the Town of Chapel Hill, County of Orange, North Carolina, more particularly described as follows: Being f 434 net square feet of office space located at 503 W. Franklin Street, Chapel Hill, Orange County, North Carolina THE TERMS AND CONDITIONS OF THIS LEASE AGREEMENT ARE AS FOLLOWS: 1. The term of this lease shall be for a period of One (1) Year commencing on the 1 ~` day of August, 2009, or as soon thereafter as the leased premises are ceded to the Lessee and terminating on the 31~` day of July, 2010. 2. The Lessee shall pay to the Lessor as rental for said premises the sum of $6,510.00 Dollars for per annum, which sum shall be paid in equal montly installments of $542.50 said rental to be payable within fifteen (15) days from receipt of invoice in triplicate. The Lessee agrees to pay the aforesaid rental to Lessor at the address specified, or, to such other address as the Lessor may designate by a notice in writing at least fifteen (15) days prior to the due date. 3.The Lessor shall furnish to the Lessee, during the occupancy of said premises, under the terms of this lease, as part of the rental consideration, the following: adequate heating facilities and air conditioning facilities satisfactory to the Lessee; adequate fire extinguishers; necessary lighting (fluorescent) fixtures with bulbs, tubes, starters, and the I ~ day of replacements; necessary sockets and wall plugs; necessary telephone conduits; hot and cold water and refrigerated drinking water facilities; adequate toilet facilities (one for males; one for females) as approved by designated representative of Lessee which must meet North Carolina state requirements for the handicapped; carpeting in designated areas. Janitorial service satisfactory to Lessee for daily cleaning of all office space, furniture and equipment. Lessor shall also furnish all utilities including electricity, heating, air conditioning, lighting and electrical current necessary for such other machines and electrical devices used by the Lessee for the proper operation of an Employment Security Commission office. Maintenance and cleaning of lawns, shrubbery, sidewalks, parking areas, including snow removal, and common areas; adequate outside trash containers, including provisions for recycling, and pest control measures; any fire or safety inspection fees, stormwater fees and land transfer tax/fee are to paid by the Lessor. Lessor shall provide on premise parking facilities. 4. During the lease term, the Lessor shall keep the leased premises in good repair and tenantable condition, to the end that all facilities are kept in an operative condition. Maintenance shall include, but is not limited to furnishing and replacing electrical light fixture ballasts, air conditioning and ventilating equipment filter pads, if applicable, and broken glass. In case Lessor shall, after notice in wasting from the Lessee m regard to a specified condition, fail, refuse, or neglect to correct said condition, or in the event of an emergency constituting a hazard to the health or safety of the Lessee's employees, property, or invitees, it shall then be lawful for the Lessee in addition to any other remedy the Lessee may have, to make such repair at its own cost and to deduct the amount thereof from the rent that may then be thereafter become due hereunder. The Lessor reserves the right to enter and inspect the leased premises, at reasonable times, and to make necessary repairs to the premises. 5. It is understood and agreed that Lessor shall, at the beginning of said lease term as hereinabove set forth, have the leased premises in a condition satisfactory to Lessee, including repairs, painting, partitioning, remodeling, plumbing and electrical wiring suitable for the purposes for which the leased premises will be used by Lessee. 6. The Lessee shall have the right during the existence of this lease, with the Lessor's prior consent, to make alterations, attached fixtures and equipment, and erect additions, structures or signs in or upon the leased premises. Such fixtures, additions, structures or signs so placed in or upon or attached to the leased premises under this lease or any prior lease of which this lease is an extension or renewal shall be and remain the property of the Lessee and may be removed therefrom by the Lessee prior to the termination of this lease or any renewal or extension thereof, or within a reasonable time thereafter. The Lessee shall have no duty to remove any improvement or fixture placed by it on the premises or to restore any portion of the premises altered by it. In the event Lessee elects to remove his improvements or fixtures and such removal causes damage or injury to the demised premises, Lessee will repair only to the extent of any such damage or injury. 7. If the said premises were destroyed by fire or other casualty without fault of the Lessee, this lease shall immediately terminate and the rent shall be apportioned to the time of the damage. In case of partial destruction or damage by fire or other casualty without fault of the Lessee, so as to render the premises untenantable in whole or in part, there shall be an apportionment of the rent until the damage has been repaired. During such period of repair, Lessee shall have the right to obtain similar office space at the expense of Lessee or the Lessee may terminate the lease by giving fifteen (15) days written notice to the Lessor. 8. Lessor shall be liable to Lessee for any loss or damages suffered by Lessee which aze a direct result of the failure of Lessor to perform an act required by this lease, and provided that Lessor could reasonably have complied with said requirement. 9. Upon termination of this lease, the Lessee will peaceably surrender the leased premises in as good order and condition as when received, reasonable use and weaz and damage by fire, waz, riots, insurrection, public calamity, by the elements, by act of God, or by circumstances over which Lessee had no control or for which Lessor is responsible pursuant to this lease, excepted. 10. The Lessor agrees that the Lessee, upon keeping and performing the covenants and agreements herein contained, shall at all times during the existence of this lease peaceably and quietly have, hold, and enjoy the leased premises free from the adverse claims of any person. 11. The failure of either party to insist in any instance upon strict performance of any of the terms and conditions herein set forth shall not be construed as a waiver of the same in any other instance. No modification of any provision hereof and no cancellation or surrender thereof shall be valid unless in writing and signed and agreed to by both parties. 12. Any hold over after the expiration of the said term or any extension thereof, shall be construed to be a tenancy from month to month, and shall otherwise be on the terms and conditions herein specified, so faz as applicable; however, either party shall give not less than sixty (60) days written notice to terminate the tenancy. 13. The parties of this lease agree and understand the continuation of this lease agreement for the period set forth in this lease is subject to the Employment and Training Administration, United States Department of Labor, allocating annually sufficient funds to continue rental of the property at the monthly rental rate set forth in pazagraph 2 of this lease. The parties to this lease also agree that in the event that the Employment and Training Administration, United States Department of Labor, reduces funding for leasing purposes, the Lessee, Employment Security Commission, in its sole discretion, may determine, in view of its total local office operations, whether available funding for payment of rents is sufficient to continue the operation of its local office on the premise leased herein; and that upon such determination by the Lessee that the available funding is inadequate for such continued operation on leased premises herein, the Employment Security Commission shall give not less than sixty (60) days written notice of its determination to the Lessor; and that upon the expiration of such notice period, the lease shall terminate without any further liability of the Lessee, Employment Security Commission. 14. All notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given when made m writing and deposited in the United States mail, certified and postage prepaid and addressed as follows: To the Lessor at Post Office Boz 8181, Hillsborough, North Carolina 27278 and the Lessee at PO Bog 25903, Raleigh, North Carolina 27611. Nothing herein contained shall preclude the giving of such notice by personal service. The address to which notices shall be mailed as aforesaid to either party may be changed by written notice. 15. The leased premises are generally accessible to persons with disabilities. This shall include access into the premises from the parking areas (where applicable), into the premises via any common areas of the building and access to an accessible restroom. 16. The Lessor hereby agrees that he will not enter the leased premises nor allow any agent of his to enter the leased premises after the Lessee's business hours, except in an emergency, without first obtaining permission from the Lessee. 17. North Carolina General Statute § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any employee of Lessee of any gift from anyone with a contract with Lessee, or from any person seeking to do business with Lessee. By execution of this Lease, Lessor attests, for its entire organization, including its employees or agents, that it is not aware that any such gift has been offered, accepted, or promised by any employees of its organization. IN TESTIMONY WHEREOF, this lease has been executed by the parties hereto, in duplicate originals, as of the date first above written. STATE OF NORTH CAROLINA (~ ~ By; ~" (SEAL) ros legg eputy Secretary C Department of Administration~i/ COUNTY OF ORANGE By: Cou ATTEST: E}nR_~..~"~~ A /~ ~i,2 -~,~ ~ -P J~_!/U~iy~ ~~J/~ ~ pry e :i ~:~~` N Public Printed Name: ~~ ~ ~~~~ ~~~~~ My Commission Ex fires o-.no. c~1r STATE OF NORTH CAROLINA COUNTY OF WAKE I, ~(~Q ~ Q /~ i ' 'nQ~ a Notary Public in and for the County of Johnston and S e aforesaid, do hereby certify that SPEROS FLEGGAS, personally appeared before me this date and acknowledged the due execution of the foregoing instrument as the Deputy Secretary of the Department of Administration of the State of North Carolina, for the purposes therein expressed. WITNESS my hand and Notarial Seal, this the ~~ day of My Commission expires: ~Q" L ~` -~ STATE OF NORTH CAROLINA COUNTY OF ORANGE No Public ~~lQ ~ . ~l i or-1SC~i~ O~`~``~ X11. BC/ "'°. •` P ~s -, ,~~.~®~AaQ~- pZ, Q' U ` Z Q G ~.-; '''~.. TOiV C~..~~``~ I, ~/K6f(/f3 /f~bny~~ /)~"'7'T ~ a Notary Public in and for the County and State aforesaid, do hereby certify that RAND C~sFT on) ~ personally came before me this day and acknowledged that he is County Manager, and that by authority and given as an act of Orange County and acknowledged the due execution of the foregoing instrument in its name. ~~v WITN WHEREOF, I have hereunto set my hand and Notarial Seal this the /'Sy of u~ra~ ,-669. alt?/o s i •.. N ~ ~~ ~ o ~~ ~~~~~ ®~®®®®~ o o m o~ n o m ~_, LJ • ~~ ~~ ®~I ~ © ~' ~,F_ I~I~ ~4~0 h~ < I~ b H 8~ u ~ F~ ~~~i ~~' $~ ~~~ r- 8~ ~~ a ~ ~~~ D ~ ®$~~ ~~~ ~ ® b~ ~ ~ ~ ~ ~ ~ C' b~~~ ~[~ ~~ o ®~~~ ado ~, ~ 5 ® a o ~0 ~ O ~~ ~~ ~~~ ~~~ ~~ ~! © ~ O • m w ~ ~gb~ ~ b ~~ g~~G ~~$© g ~~~ ~~ _Y ~ ~ $ ~ ~~~ ~~ ~ ~~~ a ~~ ~Q ~- w ~o ~° ~~ ~~ J ~ ~ (~ ® 1t dt"} J