Loading...
HomeMy WebLinkAbout1998 NS Lease Agreement Cedar Grove/Efland Cheeks Family Resource Center, Northern Human Services Center 06-22-1998 F LEASE AGREEMENT NORTH CAROLINA ORANGE COUNTY The lease agreement made this 22nd day of June, 1998' between the County of Orange, North Carolina, whose pry ncipail place of busines 8 is 200 S. Cameron Street, Hi Nlsboro ugh, N a rth Caro lima r here infer refo rred to as Cou my a nd the Cedo r rovelEfland Cheeks Family Resource Center, whose principal place of business is 0 range Cc unty N orthe rn Hu man Sere i oes Center, Hig h ay 86 N or-th Ceda r G rove N r, Isere i nafter referred to as Tenant. WITNESSETH In oonSideration of the mutual benefits to the County and to the TENANT, and of th a coven ants a nd ag ree meats upon the part of the Cou nty a nd the Te na nt to be Dept and performed, the County hereby demises and leases to the Tenant, and the Tenant leases and ta+<es from the County Rooms 3 and 5, which measure approximately 1440 square feet as sh own an the floor 0 an a cI�ed he reto as E�€I lb ft A a nd by reference made a part hereof(herein called the Leased Premises) located at-r Orange County N orthern Ho man Services Center, H ig hway 86 North, Cad ar 0 rove, NO, to occupied and used as a Family Resource Center and for the terns and oonditions set Perth herein. Tara of Lease The term hereof shall commence upon appoval of the Board of Court Commissioners, dated June 22, 1 998 and shall end at 12:00 M id nig ht on J u ne 30, 2001 2. Rental-- TENANT sh al l pay to the COU NITY the sum of seven thousand two h unfired dollars ($7,200) per annum, payable in monthly installments of six hundred dollars ($600), each due on the first day of each month, in advance duriing the terms of this Rea se- Th is rent s hal I be suspended in favor of in-kind oontri botion from the CO U NTY to the TENANT, 3- Utilities: N n the event TENANT'$ fu nd ing source wi 11 r ei mburse TENANT for uti Ries at the lea set faci lity F the TE NANT shall pay for the ellectn-city and fuel for Neat based on the following formula, TAI square footage used by TENANT ( 1, 0u are feet) Divided by total usable square feet of the building where property is located (32,630 square feet), limes the amou nt of electd city a rid fuel for heat bi I Is received the COU NTY d uric the to rm of this lease for the bui Id ing where the leased pro pe rly is located- The COUNTY shall send the TENANT on a timely b��i� a state me ItemLzing such utility charges- Payment s ha 4 be due to the COLJNTY W ithin th in ( 0) days of the date on such statements- The COUNTY-sha lI pay for all water and sewer charges. 1 4-, 4, Care and Repair of premises; The TENANT shall commit no active waste and shall tale good care of the Premises and the fixtures and appurtenances therein, and shall, i-n use and occupancy of the premises, conform to all laws, orders and regulations of the Federal, State and municipal government, and the requirements of insurers, applicable to the premises, The Tenant wi Nr prov!do j are iton-a I and m$i Men ance se ry ices s uchr as, but not rim ited to, trash removal, wi ndow dea ni rte' floor a nd wa NI ciea ni ng' I ig ht bu 1b re pla cement, p$rating a and all other aCtiVitieS necessary to keep the irate AMC r of the Leased Premises i n clew n and presentable- state- The COUNTY shall mai a in and operate the head rig, ai ri nd kian ing, electrical and plumbing systerns as well as perform those repairs and msinten a nee duties as the COU NTY deem a necessary a nd a pprn priate- Ten ant shall i rim ediately note the COU NT 's Public Works Department in th a event ma item rice which falls within the COUNT 's responsibilty is needed. 5. Interruption of servi The COU NTY $ha I I not be or become I is ble for da mages to TENANT alleged to because or oocasioned by or in are y way connected with n r the resu It of any interruptic n, defect or breakdown from any cause whatever Mn any of the services herein referred to in paragraphs 3 and 4 above. However, Upon receipt of actual notice of any such irate r ruption a defect, nr breakdown, COUNTY will to ke such steps as are reasons t)le to restore any such interrupted servioe or to remedy any such defect, 6, Alterations; Any alteration, additions, improvements or partRions, excepting those panitfnn s to be famished by CO U NTY, perm iced herein s ha I I be m ade at the expense of the TE MANT. The TENANT agrees that TE NA NT will I m ake no a Iterations add Rions or improvements to the Leased Premises without the written consent of the COUNTY and that al l e Iterations, additions or i m provements m a by a rid for the TENANT, incl udi rwg but not limited to, any and all subdividing pertitEn ns, walls, special plumbing, electrical fixtures or railings or whatever type, material of height' but exoepting movable off, furniture put in at the expense of the TENANT, shall, when male' be the property of the COUNTY and shall remain Upon and surrendered with the Leased Prerrr ises a:5 a Part thereof at the expi ratio ns or earl i er term inati on of this lease, The COU NTY r however' reserves the right to regU Pre the TENANT to rem rave an y panel,rag' decorations, pa rtitions, walls, raj Ii ngs' floor cove rings, bcot�s, plc mbing F e lectric.31 fib res or office furniture installed b or at the request of the TENANT, by giving notice of such election to the tenant at any tirr a pn-U r to, or not later than to n (10) days sfte r, the exp i rati on or earlier termination of this lease or a date five (5) d eys after the giving of such notice wh ichever sh aI I be the later. 7. Right of entry- The TENANT agrees that the COUNTY shall have the right to enter and grant I i censes to ente r•the Leased Premises at a ray ream n able ti rye after havi rng given the TENANT notices of its intent to so enter; (A) to examine the Leased Premises} or (B) to make alterations and repairs to the Leased Premises or to the building (including the right, during the progress of such alterations or repair-sr to keep and store within the Leased Promises all necessary materials, tools and equipment); or (C) for any purse which the COUNTY may deem necessary for the operation and m Wrate na nce of the build inn, or (D) to exhibit the Leased Premises to applicants. hl o su& a ntry shall in any manner acct the obligations and covenants of this lease. 8- Use and Occupancy, TE NANT agrees th at the Leased Premises wil I be u$ed on I y for the purse herein before set c LA in th i s lease, that no u nlawful Use of the Lea sed Pre m i ses wil I be m ade, that no sig n, na me, legend, notice or advertisement of a ny kind wi I I be fixed psi rated or displayed a n a ray part of the bu ildi rig, except that the name and busi ness or profession of the Ten art rr ay be painted with appropriate leering approved by the COUNTY are the door or doors to the space leased by the TENANT or as othenvise agreed to by the COUNTY; and upon the tee ire atio n of this lease, Tenant will vacate a nd sU r re nder p se$s ion of the Leased P rem i ses to the C 0 U NTY i n as good co ndition as the Leased Prom ises were at the cam men meat of th i s Cease, ord inary wear and tear excepted. The OUT reserves the right to use the Leased Premises for nay reason able purse, as long as the use of such premises does not unduly acct t operation} of the TENANT. The COUNTY shall be the final arbitrator of whether the proposed use by the COUNTY unduly affects the operation of the TENANT- 9- Insurance- If, because of anything done, caused to be done, permitted or omitted by the TENANT, the premium ra#.e for any kind of insuranoe affecting the bulildi rag shall be ra ised, the TENANT ag rees that the a mou nt of the i acres se i n premi urn wh ich the COUNTY shall be theraby obligated to pay for such insurance shall paid by the TE NANT to ffie CC U NTY c n dema nd, and that If the COU NTY shall darn and that the Tenant remedy the coed Rion which caused the in crease i n the Mn u ran ce pre mi um rate the TE NANT W II remedy such cond Rion with i n five (5) working days after such de ma nd. The TE MANT agrees that the TE NANT shall n ct do F or cause to be done, or perm it on the Leased Premises anything deemed extra hazardous on account of fire. COUNTY shall carry fire and extended ooverage insurance insuring its interest in the building a rd the Leased Premises- TENANT shall carry fire and extended coverage insurance insuring its interest, 9 any, in improvements to or in the Leased Premises and its irate rest in its office furniture, equipment, supplies and other personal property_ Proof of such in-sura nw shall be proved to COU NTY within 10 days fol lcwi rag execution of leas Both the OU ITT and the TENMT hereby waive a ny cla ims or rig hts of action which the one may have against the other fa r loss a r d amage coverer by such Inau rangy policies and both the COUNTY and the TENANT cave-n art and agree that each of them will obtain a waiver from ft camrier of such insurance releasing such carer's su hrogation rig hts as again st the tithe r part_ 10- Indemnity- The TENANT agrees to indemnify and save harmless the COUNTY and the agents, servants and employees of the COUNTY against and from any and all claims by 1 } or o n be ha If of a ny person, fi rrn, or corpo rata on a rising by reason of i n ju ry to pers on or damage to property occurring in the Leased Premises occasioried in whole or in part by any act an the part of the TENANT or an employee while acting vv ith i n the scope of em ploy rent, agent, v i s Roo, assig n or u ndertenant of the Ten art or by reason of any u ni awfu I use of the Leased Pre mines or any breach, vio cation or non-pe rfo rmance of any covenant in this lease on the part of the TENANT to be observed or performed, and also for any maitte r or th Mng growing out of the occupancy or u se of the Leased F rem i s. by t he TE NANT or anyone h nldi rig or cJ ai mi ng to hold throng h or U nder the TENANT. TENANT agrees 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 apparatus o r a ppurten antes, GOU NTY s ha II not to I Mable to TE NAN T for a ny da mage by or from a ny act o r neg Nige noe of ary -tenant of other coca pa rat of the buildi ng or by any owner o r occupant of adjoining continuous property. 11, Fire or other casualty- In the event the building in which the Leased Premises are located is destroyed by fire, unavoidable accident or casuafty, this Neale shall thereupon terminate. n the event the hu ildi in which the Leased Preen ises are I orated is d am aged by fire, unavolda ble accAdent or casua Ity to such a rr extent that i n Con nty,S cpi n ion, the portion of sa id bu ilding in wh ich the Leased F remises are specificall Iy donated ca nnot be repaired Wthin ninety (90) days to it's approximate condition existing immediately receding such fife, Unavoidable accident or ossuafty, this lease shall thereupon terminate. In the event the portion of t build ing in which the Leased Premises are s pecifical It' located dam aged by fi re, Un avoids ble a ccident, or ca a ua ity a nd the sa me ca be repaired within ninety (90) days from the date of such fire, unavoidable accident or casualty, the parties hereto agree that said Leased Preen ise-s sha dl be reps i red a nd restored by COUNTY to the approximate condition of said Leases Premises existing before sa id fi re, u navoid able accident or casualty, a nd th i3 lease sh al I rem sin i n full force and effect, provided, however, that the rent during the period of repair be reduced to an a mount whir, ire County's opin inn, beers the same ratio to the Feat provided for herein as the portion of the Leased Premises then available for use hears to the entire Leased Premises, L)pcn completion of sudh repairs the rent shalI thereafter be paid as provided for herein as the portion of the Leased Premises then available for use beers to the entire Leased Premises. Upon wen pletion of such repairs the rent Shall thereafter be paid as provided in the paragraph above designated °d ant", 12, Defauft n the event the Tenant shall fail to pay any re nt when d ue i n accorda n ith the fora s of this lea se or do c r fail to do a ny other thi ng, condition, ooven ant or req uirern a nt of th is lease, and such defa Ult shell continue for a period of th i (30) days der written notioe de I ive red to TE NANT at the Lea led Prern ises of such defau it, the O U NT Y., without prejudice to any ether rig hts or rem wiles that it may have, shall have the rig ht, i m mad iatsl y or at a ray time thereafter, to re-e rater the Leased Prern Mses a nd remove all persons and property from the Leased Premises. ire the event the TENANT shell nag lect to keep or perform a ny other cove rya nt, agree meet or cond Rion of th is lease or shall fait to oonform to any of the building rules and regulations now in force or r i hereafter adopted by the COUNTY, the COUNTY shall give written noti Ce of su ohti defy uat to the TENA NT; and in the event that su oh defau It is not rectified with in ten 1 days from the date of such notice, the n the COU N TY s ha I I have the rig ht to a nter the Leased Pre m ises irnrn ediateiy or at any time t he reafter and remove the TE NAN T therefrom, without prejudice to any other remedies of the COUNTY- in the evert of any su re-entry, the TE NANT here by wa ives a I I clai rns for da mages which m ay be caused by the re-entry of the COUNTY and will save the COUNTY harmless from any Noss, cost or damages occasioned by COUNTY thereby and no such re-entry shall he considered a r con strued to be fo rri hle a retry, Shoo Id the COU NTY elect to re.--eAter the Leased premises as herein provided, or should it take possession pursuant to legal proceed i n s, it may eith e r term in ate this lease or it m ay, from ti rye to tim e r without tern in i ng th iS Cease, re-let the premises or a ny part thereof on ten ant's account for s uoh tiro a or ti rn e and at such rental or rentals and Upon such other terms and conditions as the County in its sole discretion may deers advisable, with the right to make alterations and repairs to the Leased Pre mi-ses, a nd the TE NANT sh al I pay the a mount of rent due u nd e r th Ms Lease to the d ate of the begs nn inn of paym a nt of re nt pu rs ua nt to an y s uoh re-letting, together wKh the oust of such re-1 ng in cI Uding the oust of a ny a iterations a nd repay FS to the Leased E remises, and TENANT will the reafter pay ma nth Iy i nsta lime rats du ring the remainder of t temm of this lease the difference, if any, between the rent collected from su ch re-letting and the re nt rese rued in th is lease, if such re nt collected i s less th an that reserved in th iS leaser No such re Cary or taking possession of the Leased Prern i ses by the COUNTY TY shall be construed as are election on its part to terminate this lease unless a written nab ce of such inter on be given to the TE NANT- etsith sts nd ing any su& re-letti ng without term ination, the COU NTY rn$y at any time after the occurren ca of any default set out in this paragraph number 12 elect to terminate this lease and may terminate it by giving Wf itters notice to that effect to the TENANT. If the CO U NTY shall at any ti me terms rate th i s lease on acccu nt of a ny defa Ult set out in this paragraph, in addition to other remedies it may have, it may reoover from th o TE MANT all darn ages that it may suffer by reason of the term inaf.ionE of the lease F including, but not limited to, the oost of recovering posseSSion of the Leased Premises, an d the exss, it a ny, of the a mount of re nt and other a moults to be pa id by the TENANT-under the terms of the lease for the remainder of the stated term, over the then Fe asooa hle rental value of the premises for the remainder of the stated ter-m, 13- Assignment and Subletting. TENANT shell not sell, aSSQn, pledge or hypothecate this lease, or sublet the Leased Prem ises or nay part thereof without the pri or writte n consent of CO U NTY, consent by County to one assignment of subletting shall not destroy or operate as a a iver of the prohi bitions ccnta i ned in th is parag raph as to futu re asst r meats or leases a nil al I such l ater assign ments or lure shall be made c rely with Cou nty"s prior written nsent. In the event any assignment of the lease or letting of the lease premises is consented to by the County, TENANT shall remain liable to County for payment of all rent he rei n provided for and for the fa Rhfu I performs nee of a I I the ccvena nts a nd oond Rion s of this lease by and a ssignee or s ubl essees to t he sa me oxte nt a if the lease h ad not bee assig nod or the Leased Premises let. I f th is lease s ha I I be @ssig ned or the premises sublet by TENANT at a rental that exceeds all rental to be paid to the L r COUNTY hereunder, then and in such event any such excess shall be paid over to COUNTY by TENANT- 14- Building Rules and Regulations. The TENANT has read the rules and U I iat�on s hereto attached and made apart hereof and hereby agrees to abide by and conform to the same and to such further rules and regulations as the County may from time to time make or adopt for the care, protection and benefit of the building or the general comfort and welfare of its occupants. The TE NANT fu r#her agrees th at the a CO U NTY shall h ave th a rig ht to waive any or all of such rules in the case of any one or more tenants in the building without affecting the Tenant's obligations under this lease and said rules and regulations and th at the Cou nty shall not be res pon ible for the non-cc nform an ce by any other to rant to any of said rules or regulations. 15. Qu yet Enjoyment. The County agrees that the TENANT on paying the stipulated rental and keeping and performing the agreement and covenants herein contained, shall hold and enjoy the Leased Promises for the term aforesaid, subject, however, to the terms of this lease. I& Waiver The waiver by County of any breach of any wvenant or agreeme nt herein conta ined she II not be deemed to be a walver of su chi covens nt or agreement or a ny su bseq uent breach of the same or any other wens nt or ag reement herein contaii ned- The subsequent aoceptaroe of rent hereunder by County shall not be deemed to be a waiver of any preceding breach by TENANT of any covenant or agimment of this tease hoer than the fai lu re of the TENANT to pay the parti cola r rental so excepted, reg and Ness of County's knovAedge or such preceding breach at the time of acceptanoe of such rent, 117- Integration lau se, Any sti pu I atin ns, representations, pro m i ses or ag-reement, u ral of wn-tte n, made pri or to or contem pore neously with th is agree me nt shall have no legal equita ble consequences, and the only agreement made and binding or the parties is contained herein and it is the complete total integration of the intent and understanding of County and Tenant. j r n witness whereof, the pa-rties hereto have d my executed this I ea se agrearn a nt as of the day i oU nty: By= , Attest. Margaret _ Brown, Chair Board Beverly A. Blythe, Clerk to the Te na By� stn ' Title L Boding Policies, June, 1 998 The following bu i Idin g polii iel%are in place as a cord ition of the lease executed Wtween Ora n ge County and Tenants who occupy County facilities. 1- The sidewalks, entre-nces, hallways, elevators and stairways shall not be obstructed ty any tenant or u d them fo r a ny Fu rpo other than for ingress or re,s,�- 2. 1 f the bu i Iding i n wh ich the leased premises is located h as i n it conference rooms, and ito�u runs gymnasia , gyrnatrojurns, rT-eefing ms, etc-, their usrea Tnay he sched ailed through the County or Rs' appropriate designate. Tenants may sched u Ia the use of any such foci 1 ides on� for the u se of their agency. 00*r inn Ividuals or g rou ps must oontart the Cou my d irectly to hedu Ie use of the faoi I ities- - Fear, 1 any, for use of conferenoe roorns., a uditoriu rns, gy rnn a!s+irns, gyrnatrolums, m eating rooms ems, shall to charged pursuant to to County,s radiitios Fee Policy in effect at the fire reservations are made. The Facilities Foe Poll undergoes modifications from ti me to ti me- Potential u,5,ers shou kj period ice 1y check with the Gounty to determine whether changes in the policy have been nnado_ 4- The T-e nant shal I not i natal I add ition a I lochs on any doors in the leased prerMn i !S Wi f tut the written consent of the County- In additbri, no duplicate keys skull be made or obtained through any source except for the County. 5. The Tenant shall not make improper noises or disturbances of any kind, sing, play or operate musiGal i n!str u meets, radio or television or any mach i nas or devices in such a fash ion as may be d r d by the County to i nterfare vAth other oocu pants of the bu Mal i ng, 6. The Tenant may install window shades, blinds, d raperias and/or curta i r is su b fact to th a County's approval of the rrieUnkW of instellaton, including hanging hardware and color and texture of any such vAndow covering s- 7- To ensure public safety for tenants and clients who may frequent the County facility, Tenants shaii rot= a it r l cr it ors th, Fra,i,a,F vAth the Fti of assist animals (seeing dogs. for axarn pie): Allow bicycles or similar voh k%es in the building Thmw anything through the windows or down stairways-, Leave the premises uno=piied without Iii rig all doors, extinguishing lights and turning off water outlets; Install okr operate vending rnarh ine!s of any kind without the whtten con!sont of the ounty� * use the premises for IodgiN rooms, gambling or any immoral purpose-, • Open w1ndows while a i r cond tionling system is operati ng; • Keep Is rnmable rnatarials on the premises without the wNtten permission of the County. Any such materials, if approved by the County, shall be Dept in an appropriate locking, fire-prof area- • Flake edj ustrnents to heati ng/a i r-r,.onditioning controls. plumbing ap tutus, elecbica I fixtures and equipment, vAndows and doors_ Tenant shall i rx mediaWy notify the County of adjustments which need to be mde, nsta I I any anchorage, supporting or braci ng devises i nto floor, wall par titon s V cal I ings- The Tenant shall no* the County in the event such devises are needed B look or obstruct any entranres of exit' including fire exits. 8. The poU-ess.ion ' selling or consu mpton of alcohols beverages or i I Iage i drugs is strictly prohibited on County propel- This incAudes both building and grounds. 9. The Tanan t stall observe and ca use their c1 ients, em ployaas or other i ny itees to observe any Canty regulations which may be in place for County Buildings and which regulations shall be posted on or around the bu klid i rig, Examples include no sr i rig in buildings, no solicitation, no firearms in buildings, etc_ 10, Tenant shall immediately notify the Cou my Pu bloc Works De paw nt of any mainte na nce deficiency which may exist. To ensure proper•tracK i ng through the repair order system, any repa it request must be submitted in wrti rig to the PO bI is Work8 Department. 11. The County reserves the fight to regulate and control all parking 10%assc>ciated with the Iea'ei PreMiSeSr i nc1u-d i rig i nstrtufing traffic patterns. 12_ The County reserves the Fig ht to nwd ify bu i Iding POI icy ftom time to f irm, Tenant Mil t>e notified of changes as they may occur, t,