HomeMy WebLinkAbout2000 S Lease Agreement - PW -Solid Waste & Carl & Elizabeth Walters for High Rock Road Solid Waste Convenience Center t �
RETURN THIS COPY TO THE CLERK'S
Prepared by OFFICE FOR THE PERMANENT AGENDA FILE
and return to: Geoffrey E . Gledhill, P.O. Drawer 1529,
Hillsborough, NC 27278
NORTH CAROLINA
LEASE AGREEMENT
ORANGE COUNTY
This lease agreement entered into this day of
by and between Victor Carl Walters, Jr. and
wife, Elizabeth T. Walters, of Cheeks Township, Orange County,
North Carolina, hereinafter referred to as Owner and County of
Orange, North Carolina, Hillsborough, North Carolina,
hereinafter referred to as the County,
WHEREAS, County leases from Owner the property described
and pursuant to the terms of the lease agreements recorded at
Book 702 , Page 584 (High Rock Road property) and Book 1357, Page
171 (Saddle Club Road property) of the Orange County Registry;
and
WHEREAS, County has received a request of Owner to
terminate these two leases; and
WHEREAS, by action of its Board of Commissioners on
November 16, 1999, the County agreed to the termination of the
lease of the Saddle Club Road property effective December 1,
1999; and
WHEREAS, by action of its Board of Commissioners on
November 16, 1999, the County agreed to the termination of the
High Rock Road property lease upon the effective date of a lease
1 Book 2065 Page 0528
Book 2065 Page 0529
of the property described herein, subject to the terms of this
lease agreement;
W I T N E S S E T H
The Owner hereby agrees to lease the property described
below to the County and the County agrees to the termination of
the leases described below all upon the following terms and
conditions :
1 . The lease of the Saddle Club Road property described
in the lease agreement recorded at Book 1357, Page 171 of the
Orange County Registry is terminated effective December 1, 1999 .
2 . The lease of the High Rock Road property described in
the lease agreement recorded at Book 702 , Page 584 of the Orange
County Registry is terminated at 11 : 59 : 59 on the date prior to
the effective date of the lease of the paragraph 3 property.
3 . The Property. The property herein leased is a tract
and parcel of land, together with all improvements located
thereon, located in Cedar Grove Township and Cheeks Township,
Orange County, North Carolina and more particularly described as
follows:
BEGINNING at a point on the east right of way line of High
Rock Road (SR 1340) which point is designated on the plat
hereinafter identified as -iron to be set" and which point
is further approximately 2 , 660 feet from the intersection
of High Rock Road and Mill Creek Road, running thence the
following courses and distances :
N 370 551 211 E 278 . 951 to a point labeled on the plat
hereinafter referred to as "iron to be set; " thence N 770
2
Book 2065 Page 0530
57' 35" E 468 . 82 ' to a point, labeled on the plat
hereinafter referred to as "iron to be set; " thence S 640
091 01" E 304 . 14 ' to a point, labeled on the plat
hereinafter referred to as "iron to be set;" thence S 160
231 15" W 419 . 431 to an existing iron in the northwest
corner of Leroy Scott and the northeast corner of Howard
Kernodle, thence with the line of Howard Kernodle and Barry
Kernodle N 870 131 00" W 307 .261 to an existing iron, the
northwest corner of Barry Kernodle and the northeast corner
of Jarvis Fann; thence with the north line of Jarvis Fann N
830 41 15" W 319 . 181 to a point labeled on the plat
hereinafter referred to as "iron to be set, " which point is
on the eastern right of way of High Rock Road; thence with
the eastern right of way of High Rock Road N 440 371 08" W
2301 to the point and place of beginning and containing 8
acres per the plat entitled "Property of Orange County"
dated October 2 , 1999 prepared by Dale D. Faulkner, P.L.S . ,
a copy of which plat is attached as Exhibit A hereto, and
which 8 acres is the southern 8 acres of the property
described and depicted on the plat entitled "Property of
Orange County" dated December 9, 1999 prepared by Dale D.
Faulkner, P.L. S . , which plat is recorded at Plat Book 84,
Page 152 of the Orange County Registry.
4 . Term. The term of this lease will be for a period of
five (5) years, commencing on the earlier of the following: (1)
the date the County places into service on the leased property
its Solid Waste Collection Center or, (2) in the event
construction has not commenced within six (6) months after the
execution of this Lease Agreement, six (6) months after the
execution of this Lease Agreement . The commencement date of this
lease shall be established upon the mailing by the County of a
notice in a form substantially equivalent to Exhibit B hereto,
of the effective date of this lease. This notice shall be
recorded by the County upon its mailing.
3
Book 2065 Page 0531
The County shall have the right and privilege of extending
the lease for ten (10) additional consecutive five-year terms
provided that notice of the exercise of each such option is
given in writing to the Owner not later than ninety (90) days
prior to the date of termination of the then effective lease
term. Except as herein otherwise provided, all terms and
covenants contained in this lease shall be in full force and
effect during any extension period.
This lease may be terminated by either the Owner or the
County during the lease term or any renewal term effective on
the 91st day following receipt of Notice from the party
terminating the lease given to the other party.
5 . Guaranteed Minimum Rental . The County agrees to pay to
Owner, the guaranteed rental of $200 per month payable on or
before the 10th day of each calendar month commencing with the
effective date of this lease agreement ("Initial Rental Rate" ) .
Effective on the first day of each Lease Year after the first
Lease Year ("Adjustment Date" ) , the Guaranteed Minimum Rental
shall be increased by the amount determined by multiplying the
Initial Rental Rate by that percentage which represents any cost
of living increase between the effective date of this lease and
the Adjustment Date . The percentage increase shall be determined
by utilizing the applicable indices determined by the United
States Bureau of Labor Statistics (or its successor
4
Book 2065 Page 0532
organization) through its Consumer Price Index entitled "United
States City Average-All Items- All Urban Consumers Index. " Such
adjustments shall be made effective as of the Adjustment Date,
and shall be made as soon as possible after the index for the
applicable month is published, with any deficiency due and
payable with the next monthly installment of rent . Anything
contained herein to the contrary notwithstanding, in the event
that the adjustment would reduce the monthly rental from the
monthly rental in effect for the preceding Lease Year, no such
adjustment shall be made and the Guaranteed Minimum Rental then
in effect shall continue through the next Adjustment Date .
6 . Improvements and Maintenance. The County shall have
the right to enter the property upon the execution and the
recording of this lease agreement and prior to the effective
date of this lease and thereafter during the lease term to make
any and all improvements, temporary or permanent, to the
premises as deemed necessary and desirable by the County for its
use of the premises . It is anticipated that the County will use
the premises as the site of a Solid Waste Convenience Center.
The County will provide a buffer strip, within the leased
premises, around the Convenience Center of at least forty (40)
feet in width through the use of fencing and natural vegetation.
This buffer shall be fashioned in a manner to permit entrance to
5
Book 2065 Page 0533
the Solid Waste Convenience Center constructed on the property
from High Rock Road to the Convenience Center.
All improvements to and maintenance of the leased premises
shall be solely at the County' s expense. Any improvements
constructed or provided at the leased premises shall be, upon
termination or expiration of the lease, the property of Owner,
unless the same can be removed by the County without damage to
the leased premises . Provided, however, at Owner' s request at
the termination or expiration of the lease, the County, at its
sole expense, shall remove all such improvements and shall
remove any trash, waste or soils contaminated by the County' s
use of the premises. From and after the time the County takes
possession of the leased premises it shall be the responsibility
of the County to maintain the leased premises in a neat, clean
and orderly condition at all times. Roadways, parking areas, and
other public access ways shall be maintained by the County.
Fences and natural vegetation buffers installed on the leased
premises by the County shall also be maintained by the County.
Any additional ad valorem taxes resulting from any permanent
improvements to the leased premises shall be the responsibility
of the County.
7 . Taxes . Owner agrees to pay all taxes and assessments
during the term of the lease, including but not limited to
municipal, county and state taxes assessed against the leased
6
Book 2065 Page 0534
premises which are incident to the ownership of the leased
premises .
8 . Insurance and Indemnity The County shall, at the
County' s expense, obtain and keep in full force during the term
of this lease a Comprehensive Public Liability policy with
limits of no less than $300, 000/$300, 000 for personal injury or
death and $100, 000 for property damage applicable to the
County' s use of the leased premises . Owner shall be listed as an
additional insured if permitted by the North Carolina
Association of County Commissioners Insurance Pool . Upon
request, the County will provide a certificate of insurance.
To the extent permitted by law and to the extent provided
for in insurance contracts owned by the County, the County shall
indemnify and hold harmless Owner from and against any and all
claims arising from the County' s use of the leased premises, or
from the conduct of the County' s business or from any activity,
work or things done, permitted or suffered by the County in or
about the leased premises or elsewhere .
9 . Notices . All notices to be given under this lease
shall be made in writing and mailed by certified mail , return
receipt requested, to the other party at its address set forth
below or at such address as the party may provide in writing
from time to time. Any such notice shall be deemed to have been
received five (5) days subsequent to mailing.
7
OWNER:.WNER: COUNTY: Book 2065 Page 0535
Carl and Elizabeth Walters County of orange
7119 High Rock Road Public Works Director
Efland, NC 27243 P.O. Box 8181
Hillsborough, NC 27278
10 . Parties . This lease shall be binding and shall inure
to the benefit of the parties and their heirs, successors and
assigns .
11 . Entire Agreement Waiver. This lease contains the
entire agreement of the parties and there are not
representations, inducements, or other provisions other than
those expressed herein. All changes, additions, or deletions
hereto must be in writing and signed by the parties . Any
provision of this lease found to be prohibited by law shall be
ineffective to the extent of such prohibition without
invalidating the remainder of this lease. The waiver by the
County or Owner of any breach by the other of any term,
covenant, or condition hereof shall not operate as a waiver of
any subsequent breach thereof .
IN WITNESS WHEREOF, the parties hereto have executed this
lease as of the day and year first above written.
OWNER
1 44M2 &4A!
Victor Carl Walters, JJ-
T
Elizabeth T. Walters
8
Book 2065 Page 0536
ORANGIE COUNTY
BY:
ores Carey, Jr. , Chair
Board of Commissioners
ATTEST•
(Offic
Beverly Blythe
Clerk to the Board of Commissioners
NORTH CAROLINA
ORANGE COUNTY
I, a Notary Public of said State and County do hereby
certify that Victor Carl Walters, Jr. and wife, Elizabeth T.
Walters personally appeared before me this day and acknowledged
the due execution of the foregoing lease.
Witness my hand and official seal, this the 5 day of
April 2000
r� MAS q
Notary Public
Terry Thomas Campbell w �yOjAR r
My commission expires :
FPbruar� 12, 2001 pup'
NORTH CAROLINA �aasnems
ORANGE COUNTY
I, a Notary Public of the County and State aforesaid,
certify that Beverly A. Blythe personally came before me this
day and acknowledged that she is Clerk to the Board of
Commissioners for Orange County and that by authority duly given
and as the act of said County, the foregoing instrument was
signed in its name by the Chairman of said Board of
Commissioners and attested by her as Clerk to said Board of
Commissioners .
9
Witness my hand and official stamp or seal, this the
day of "
Notary Pub is
My commission expires :
1 "
r�•Q.S' :GA: 44
mydocuments/highrockrdlease.doc ••`•V �, +�
F #OTARH
r
4w w
p G
0 13
••'••.�'F COVN,
Book 2065 Page 0537
10
Exhibit A
%
2—
vq O,j RO 1
no
'.'14 b
ax i
-------------
07h
SON
Go
N
8W
WX
LLI
Book 2065 Page 0538
a
Soak Page
Exhibit B 2065 0539
NORTH CAROLINA
ORANGE COUNTY
NOTICE Or COMMENCEMENT OF LEASE
Pursuant to that certain lease agreement recorded at
Book Page of the Orange County Registry this
Notice of Commencement of Lease is filed pursuant to
paragraph 4 of the recorded lease and provides notice that
the effective date of the lease is the day of
2000 . This. is further notice that a copy of this
Notice of Commencement of Lease was mailed, by certified
mail , return receipt requested, to Carl and Elizabeth
Walters, 7119 High Rock Road, Efland, North Carolina 27243
as provided for in paragraphs 4 and 9 of the lease .
IN WITNESS WHEREOF, Orange County has executed this
Notice of Commencement of Lease as of the day and year
first above written.
i
ORANGE COUNTY
BY:
Moses Carey, Jr. , Chair
Board of Commissioners
ATTEST:
(Official Seal)
Beverly A. Blythe°
Clerk to the Board of Commissioners