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HomeMy WebLinkAbout2000 S Purchasing - Lease Renewal--ArtsCenter c,) tan sa go" P- STATE OF NORTH CAROLINA LEASE AGREEMENT ORANGE COUNTY THIS LEASE, made this 29th day of June, 2000 by and between The ArtsCenter, Inc., a North Carolina not-for-profit corporation organized under the laws of the State of North Carolina, having as its business address, 300-G East Main Street, Carrboro, North Carolina 27510, hereinafter referred to as"Landlord", and the County of Orange for it's Department on Aging, hereinafter referred to as "Tenant". WITNESSETH: In consideration of the mutual covenants and conditions set forth below, the Landlord rents to Tenant and Tenant rents from Landlord, property hereinafter defined and referred to as the Premises, as follows: 1. PREMISES: The property hereby leased to Tenant is : 2,122 square feet designated as areas#1, #2, #3, #4 and Kitchen on exhibit A, which is attached, in a building located at 300-G East Main Street, Carrboro, North Carolina 27510. 2. TERM: The term of this lease shall be for a period of six (6) months commencing on July 1, 2000 and continuing until December 31, 2000. This lease shall expire and terminate (unless extended as herein provided) at midnight on the last day of December 2000. 3. RENT: All rent payable by Tenant shall be without previous demand therefor by Landlord shall be paid in advance in equal monthly installments of$1,061.00. Each monthly installment of rent shall be payable on or before the first day of each calendar month during the term of this Lease. Monthly installments shall be paid to the Landlord by United States mail sent to The ArtsCenter, Inc., 300-G East Main Street, Carrboro, North Carolina, 27510. 4. NOTICES: Any notices which Landlord or Tenant is required or desired to give the other shall be deemed sufficiently given or rendered if, in writing, is delivered personally or sent by regular mail, or if an event of default is claimed, then either delivered personally or sent by certified or registered mail, postage prepaid, to the address listed after the signature of the party to be given notice, at the end of this Lease document. Any notice given herein shall be deemed delivered when the return receipt therefore is signed, or refusal to accept the mailing by the addressee is noted thereon by the postal authorities. 5. USE AND POSSESSION: It is understood that the leased premises are to be used by the Tenant for general office purposes, for various programs offered to Senior Citizens and for a Senior's nutrition site. It is likewise understood, within scheduling constraints as specified in the"Scheduling" section of this lease, that meetings by various County departments, Boards or Commissions are permitted and that the County may, upon approval of The ArtsCenter staff, utilize other areas of The ArtsCenter for the purpose of holding meetings or classes. Offices, Areas#3 and#4 as designated on Exhibit A, will be used exclusively by the Department of Aging. Tenant shall not use or occupy nor permit the Premises to be used or occupied, nor do or permit anything to be done in or on the Premises, in a manner which may (1) make void or voidable any insurance in force with respect thereto; (ii) result in any increase in the premiums charged for insurance, or cause Landlord to be unable to obtain at regular rates fire or other insurance required to be maintained; (iii) cause structural damage to the Premises, the Building, or any part thereof; (iv) constitute a public or private nuisance; or (v) otherwise violate any present or future law, ordinance, rule or regulation concerning or relating to Tenant's use, occupancy, or alteration or the Premises. If as the result of any act or neglect of Tenant, its employees, agents, representatives, clients, or visitors, or the manner in which business is conducted at the Premises, then and in that event, Tenant shall pay Landlord on demand the amount of such increase as additional rent. 6. SCHEDULING: Responsibility to schedule areas#1, #2, and Kitchen are as follows: C = County will schedule A = The ArtsCenter will schedule 12:01 AM 8:01 AM 1:01 PM 3:00 PM to to to to 8:00 AM 1:00 PM 3:00 PM 12:00 Midai ht Monday A C A A Tuesday A C A A Wednesday A C C A Thursday A C A A Friday A C A A Requests by the Landlord for the use of Areas#1, #2 and the Kitchen during hours designated for Tenant scheduling will not be unreasonably denied. Requests by the Tenant for the use of Areas#1, #2 and the Kitchen during hours designated for Landlord scheduling will not be unreasonably denied. 7. STORAGE: Landlord shall permit Tenant to use 50% of built-in storage space in Areas#1, #2 and Kitchen. 8. SERVICE BY LANDLORD: Landlord shall provide electricity, water, heating and air conditioning and so long as Landlord acts reasonably and in good faith, there shall be no abatement or reduction of rent payments by reason of any of the foregoing services not being continuously provided to Tenant. Tenant shall not install equipment with unusual demand for any of the foregoing without Landlord's prior written consent which Landlord may withhold if it determines that in its opinion such equipment may not be safely used in the Premises or that electrical service is not adequate therefor or that Landlord does not wish on the Premises. Landlord shall provide routine janitorial service daily and to provide supplies associated with this function. Landlord agrees to keep restrooms supplied with towels, toilet tissue and hand soap. Landlord is not responsible for provision of parking for Tenant's employees and visitors. However, Landlord shall attempt to arrange for parking for Tenant's staff members and clients with the owners of the surrounding parking lot. Landlord shall not be liable to Tenant for any damage caused to Tenant and its property due to the Building or any part or appurtenance thereof being improperly constructed or being or becoming out of repair, or arising from the leaking of a pipe, facility or system for any utility. Tenant shall immediately report to Landlord any defective condition in or about the Premises known to The ArtsCenter's Operation Manager, and if such defect is not so reported and such failure results in damage, Tenant shall be liable for the same. Tenant shall provide quarterly floor maintenance in Areas#1, #2, #3, #4, and Kitchen. Maintenance to consist of stripping floor, if required, waxing and buffing. Scheduling of this maintenance shall be coordinated with The ArtsCenter's Operation Manager. 9. TELEPHONES: Landlord shall provide wiring,jacks, and handsets in the leased premises. It shall be the Tenant's responsibility to arrange for connection of phone service and to pay monthly line charges and long distance charges. 10. LIENS: Tenants shall keep the Premises and the Building free from any liens arising out of any work performed, materials ordered or obligations incurred by or on behalf of Tenant, and Tenant hereby agrees to indemnify and hold Landlord, its agents, employees, contractors, officers, directors, partners harmless from any liability, cost or expense for such liens. Tenant shall cause any such lien imposed to be released of record by payment or bonding upon terms acceptable to Landlord within ten (10) days after the earlier of the imposition of the lien or a written request by Landlord therefor. If Tenant fails to remove any lien within the prescribed ten (10) day period, Landlord may do so at Tenant's expense, including costs and attorneys' fees, which expense shall be due as additional rent hereunder. 11. ASSIGNMENT AND SUBLEASING: Tenant may not assign, transfer, mortgage or encumber this Lease, and may not sublet any part or all of the Premises. In no event shall this Lease be assignable by operation of any law, and Tenant's rights hereunder may not become, and shall not be listed by Tenant as an asset under any bankruptcy, insolvency or reorganization proceedings. Tenant is not, may not become, and shall never represent itself to be an agent of The ArtsCenter and Tenant expressly recognized that The ArtsCenter's title is paramount, and that it can do nothing to affect or impair The ArtsCenter's title. 12. TENANT'S COMPLIANCE; INSURANCE REQUIREMENTS; WAIVER OF SUBROGATION: Tenant shall comply with all applicable laws, ordinances and regulations affecting the Premises, including rules for tenants as may be developed from time to time by Landlord and delivered to Tenant or posted on the Premises. Tenant shall maintain and care for its personal property located on the Premises, insure such personal property and shall neither have nor make any claim against Landlord for any loss or damage to the same, regardless of the cause therefor. Throughout the term of this agreement, Landlord shall maintain and provide general liability insurance with limits of not less than $1,000,000 per occurrence with a $2,000,000 aggregate. Landlord shall provide Tenant with a certificate of insurance stating coverage and limits within thirty (30)days following the execution of the lease. 13. INDEMNITY: Tenant agrees to indemnify and save harmless to the extent permitted by law and to the extent provided for by policies of insurance maintained by the County, Landlord against and from any and all claims 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 or omission on the part of Tenant or an employee, agent, visitor, assign or undertenant of the Tenant or by reason of any unlawful use of the leased premises or any breach, violation or nonperformance of any covenant in this lease on the part of the Tenant to be observed or performed, and also for any matter or thing growing out of the occupancy or use of the leased premises by the Tenant. The indemnification provisions contained herein shall survive the expiration or termination of this Lease. 14. QUIET ENJOYMENT: If Tenant promptly and punctually complies with each of its obligations hereunder, it shall peacefully have and enjoy the possession of the Premises during the term hereof; provided that no action of Landlord in repairing or restoring the Premises or concerning work in other space of the Building shall be deemed a breach of this covenant, or give Tenant any right to modify this Lease either as to term, rent or sums payable, or other obligation to be performed. 15. SUBORDINATION; ATTORNMENT: Tenant agrees that this Lease will neither be subordinated or superior to any mortgage heretofore or hereafter executed by the Landlord covering the Premises, depending on the requirements of such mortgagee. On request, Tenant will execute such agreements making this Lease superior or subordinate as Landlord's mortgagee may request, and will agree to attorn to said mortgagee providing the mortgagee agrees not to disturb Tenant's possession hereunder so long as Tenant is in compliance with this Lease. Landlord consents to Tenant's execution of Landlord's mortgagee's subordination, attomment and non-disturbance agreement, and to be bound by the provisions thereof. Further Tenant agrees to execute within five (5) days of request therefor, and as often as requested, estoppel certificates setting forth the facts with respect to date of occupancy, termination date this Lease, the amount of rent due and date to which rent is paid, whether or not it has any defense or offsets to the enforcement of the Lease or knowledge of any defaults or breach by Landlord, and that this Lease is in full force and effect except as to any modification or amendments, copies of which Tenant shall attach to such estoppel certificate. Tenant agrees to attorn to any successor of Landlord. 16. SIGNS: Tenant may not erect, install or display any sign or advertising material (Including flyers and other paper materials) upon the Premises, the walls thereof, its bulletin boards, or in any window therein, without the prior written consent of The ArtsCenter. 17. DEFAULT: If Tenant: (a)fails to pay all rent as provided in this Lease; (b) breaches any other agreement or obligation herein set forth, Landlord may terminate this Lease. 18. CONDEMNATION: If all of the Premises or such part thereof as will make the same unusable for the purposes contemplated by this Lease be taken under the power of eminent domain (or a conveyance in lieu thereof), then this Lease shall terminate as of the date possession is taken by the condemnor, and rent shall be adjusted between Landlord and Tenant as of such date. If only a portion of the Premises is taken and Tenant can continue use of the remainder, then the Lease will not terminate, but rent shall abate in a just and proportionate amount to the loss of use occasioned by the taking. Tenant shall have no right or claim to any part of any award made to or received by the Landlord for any taking, provided, however, that Tenant shall not be prevented from making a claim against the condemning party (but not against Landlord)for any moving expenses, loss of profits, or taking of Tenant's personal property to which Tenant may be entitled. 19. MISCELLANEOUS: Headings of sections are for convenience only and shall not be considered in construing the meaning of the contents of such sections. Each of the Landlord and Tenant respectively represent that each has the lawful authority to enter into this Lease and by signing it in their name as set forth below, to be legally bound in accordance with its terms and conditions. 20. OPTION TO EXTEND: Provided that Tenant has fully complied with all the terms and conditions of this Lease and is not then in default under any term or conditions of this Lease and is not then in default under any term or condition hereof, and provided further that Tenant gives Landlord at least ninety (90) days prior written notice of exercise of this option to extend, Landlord hereby gives to Tenant the right to extend this Lease for a term of six (6) months. This extended term to expire (unless sooner terminated as in this Lease provided by reason of default on the part of Tenant) on June 30, 2001. All the terms and conditions of this Lease shall remain and be in effect during the extension, save and except that the rent to be paid by the Tenant during such extended term shall be an amount equal to the then market rate for comparable space in Carrboro, North Carolina or such other rate as may be agreed upon by Landlord and Tenant. Landlord and Tenant agree to establish the rent due for the extended term within thirty (30) days of Tenant's exercise of the option herein granted. If the parties are unable to agree as to rent to be paid for the extended term within the aforesaid thirty (30) day period, then this Lease shall expire absolutely as of its original expiration date as if Tenant had not exercised the option herein granted. In no event shall rent due for the extended term be less than the previously existing rate of rent under this Lease. 21. SPECIAL CONDITIONS, EXHIBITS, AND ADDENDA: The following special conditions, if any, shall apply, and where in conflict with earlier provisions in this Lease shall control. If any Lease Exhibits or Addenda are noted below, such exhibits and addenda are incorporated herein and made a part of this Lease. If there are no special conditions, exhibits, or addenda, the word NONE shall be written in the blank below. Landlord shall repair and keep in good operating condition, the stove and refrigerator in the kitchen area. 22. NOTICE. Except for the provision for cancellation of the lease, any notice, or written communication, related to this Lease shall be deemed effective if mailed first class or delivered to: For The ArtsCenter: Stephen R. Carter, Interim Executive Director The ArtsCenter 300-G East Main Street Carrboro, North Carolina 27510. For Oranae County: Orange County Director of Purchasing and Central Services, Pam Jones P.O. Box 8181 Hillsborough, North Carolina 27278. 23. ENTIRE AGREEMENT. This Lease constitutes the entire Agreement of the parties hereto. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease in triplicate originals by their hands and seals affixed hereto, all as of the day and year first above written. LANDLORD: THE ARTSCENTER, INC a North Carolina not-for-profit corporation (CORPORATE SEAL) J i By: �: 3' ATTEST: Stephen R. Carter Interim Executive Director ,Sec re�a. By: Title Board Representative Title TENANT: County of Orange By: ATTPY Beverly A.J31y the, Clerk Moses Carey, Jr., Chair STATE OF NORTH CAROLINA (Corporate Notary) COUNTY OF ORANGE a Notary Public in and for said County and State, certify that personally came before me this day and acknowledged that s4o is Secretary of-"&a&a� a Corporation, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Executive Director(s), sealed with its corporate seal, and attested by himself/herself as its Secretary. WITNESS my hand and notarial seal this day ofa� 2060 My Commission expires: 0 Notary Public STATE OF NORTH CAROLINA (Corporate Notary) COUNTY OF ORANGE 1, a Notary Public in and for said County and State, certify that Beverly A. Blythe personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of the County of Orange , and that by authority duly given and as the act of the County, the foregoing instrument was signed in its name by its Chair sealed with its corporate seal, and attested by herself as its Clerk. WITNESS my hand and notarial seal this day of c 2000. My Commission expires: /J; - 6;2D0 tw Notary Public Exhibit A 511JIDt O 1 WET' END f a Er4 az