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HomeMy WebLinkAbout1996 NS Lease Agreement - Parenting Education Initiative Office Space J J STATE OF NORTH CAROLINA COUNTY OF ORANGE LEASE THIS AGREEMENT, made and entered into on this 17th day of December, 1996, and effective retroactively to the 1 st day of November, 1996, by and between Chuck's Quick Stop, Inc., hereinafter referred to as Lessor, and Orange County, hereinafter referred to as the County: WITNESSETH WHEREAS, the Lessor has the right to lease certain real property, the structure called "The White House" and is adjacent to Lockhorts, Trading Post, Highway 86 at Blackwood Station, just north of the intersection of Highway 86 and Mount Sinai Road, listed in Deed Book 260, Page 1040, Orange County Register of Deeds, that in consideration of certain rentals herein agreed to be paid by County to Lessor, Lessor does hereby lease to the County based on the following conditions: Premises: The County shall lease for the Parenting Education Program, two offices located on the first floor of the leased premises. The County shall also have, in common with the other tenant of the facility, use of the restroom in the leased premises. Term: This lease shall begin November 1, 1996 and shall be in effect until June 30, 1997, with an option to extend the term for an additional three (3) years if mutually agreed to by both parties. Rent: As rental for the leased premises the County shall pay to the Lessor rent in the amount of$400 per month. Rent is payable on or before the fifth (5th) day of each and every calendar month. Lessor is aware that the County's fiscal year ends effective June 30 and as such, July rent will be paid within the first 20 days of July. Utilities: utilities, exclusive of telephone, shall be included in the rent amount. Water shall be provided by Neal Tapp, owner of the leased premises, from a State approved community water system. Maintenance: The County agrees to keep and maintain the leased premises in good condition and to leave the premises in good condition at the conclusion of the lease, normal wear and tear excepted. The County will provide routine maintenance to walls (paint) and floor covering, provide and change light bulbs. All other maintenance to the facility shall be the responsibly of others. Insurance: The Lessor shall maintain, or cause to be maintained, fire and extended coverage on the leased premises. The County shall provide insurance coverage on equipment owned by the County which may a located in the leased premises. In case of damage by fire or other casualty to the leased premises, Lessor shall proceed to repair the damage with reasonable dispatch using the insurance proceeds for such purposes. Rent shall abate during the period the County is unable to sue the premises in proportion to the necessary interference with operation of the County's business. Notwithstanding the foregoing provision, in the event the premises shall be damaged to the extent of 30% of its replacement cost, either the Lessor of the County may terminate this lease by giving notice to the other. The County employees located in the leased premises are covered by general liability insurance owned by the County. Proof of insurance can be provided to the Lessor upon request. Indemnity: The County shall, to the extent allowable by Law and to the extent of insurance policies owned by the County, indemnify the Lessor from liability incurred by the County as a result of the operation of its business. Notices: All notices required to be given under the terms of the lease shall be in wiring and hand delivered or delivered via certified mail to the addresses shown below: For County: Orange County Director of Purchasing and Central Services PO Box 8181 Hillsborough, NC 27278 For Lessor: Parking: It is understood and agreed that contained within the Leased Premises are two (2) parking spaces which may be used by the County employees located on the site. Parking is restricted solely to the area along the fence surrounding the yard of the leased premises and to the north of the store. The County may erect signs to designate its spaces. Signs: The County may post signs as needed to properly identify the program and its location. Any sign posted must meet all regulations governing such action. Taxes: Lessor shall be responsible for all taxes levied against the real property. Quiet Enjoyment: Lessor agrees that the County upon paying the stipulated rental and keeping and performing the agreement and covenants herein contained, shall hold and enjoy the leased premises for the term aforesaid, subject to the terms of this Lease. Successors and Assigns: All terms, covenants, conditions and agreements herein contained shall in every case be binding upon the respective heirs, successors, and assigns of the parties hereto and all of the terms, covenants, conditions and agreements contained herein shall be deemed to be not only for the benefit of and enforcement by Lessor, but also by the heirs, successors, assigns and grantees of the Lessor. Same shall also be binding and enforceable not only as to the County but also by the heirs, successors and assigns of the County. The time and date on which mail is postmarked shall be the time and date on which such communication is deemed to have been given, or if hand-delivered, the time and date delivered to the Purchasing Director at the aforementioned address. S Entire Agreement: This lease contains the entire agreement between the parties hereto, and no promises, agreements, conditions or stipulations not contained herein shall be binding on either party hereto. Lessor: Chuck's Quick Stop, Inc. Attest: By: Secretary Chuck Lockhart, President County: Attest: William L. Crowther, Chair Beverly A. Blythe, Clerk to the Board This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth T. Chavious, Finance Director