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HomeMy WebLinkAboutAgenda - 03-06-2001-8d.. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 6, 2001 Action Agen~da~ Item No. _ SUBJECT: Lease Renewal _ Highway 57 Solid Waste Convenience Center DEPARTMENT: Public Works-Sanitation PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Proposed 2001 Lease Agreement Renewal Approved 1996 Lease Agreement Renewal Approved 1986 Lease INFORMATION CONTACT: Wilbert McAdoo, extension 2625 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider the renewal of the lease for the Solid Waste Convenience Center located on Highway 57 in Hillsborough Township. BACKGROUND: The Highway 57 Solid Waste Convenience Center site is located on a one-acre parcel owned by Annie D. Freeland. The initial lease agreement was executed in 19$6, with renewals every five years. Since 1996, the County has leased this properky for $1,800 per year ($150 per month). The County's approach to collecting solid waste in unincorporated Orange County at six staffed Solid Waste Convenience Centers will continue for the foreseeable future. Therefore, staff recommends the continuation of a five-year lease renewal period for this convenience center site. In the event that an alternative manner of solid waste collection is identified before the end of the lease period, the lease agreement includes a clause that permits either party to terminate the lease with 90 days notice. County staff have periodically inquired as to whether the property owner would be willing to sell the site. The property owner has indicated again in March 2001 that she does not wish to sell the property. However, she is willing to sign a lease renewal at a cost to the County of $ 3,000 per year ($250 per month). FINANCIAL IMPACT: The monthly rent will increase to $250 for the five-year renewal term. Adequate funds to cover the lease arrangement are available within the Sanitation Division budget for the remainder of FY 2000-01, and will be programmed for future fiscal year budgets. RECOMMENDATION(S): The Manager recommends that the Board approve the lease renewal for the period of April 1, 2001 through March 31, 2006, subject to final review by staff and the County Attorney, and authorize the Chair to sign the agreement.. NORTH CAROLINA COUNTY OF ORANGE County of Orange WHEREAS, a lease agreement was made and entered into as of the 13th day of March 1986 by and between Orange County, hereinafter referred to as the County, and Annie D. Freeland, hereinafter referred to as the Owner, for property on Highway NC 57 to be used as a solid waste collection site. WHEREAS, the County and the Owner wish to renew the lease agreement as amended; NOW THEREFORE, the County and the Owner mutually agree to the following: 1. Section 2 "The.Lease", shall be modified to read as follows: "The lease renewal will commence on April 1, 2001 and will continue through March 31, 2006, excepting either the Owner or County may terminate the lease upon giving ninety days (90) written notice to the other. County shall pay to Owner rent in the amount of $2S0 per month, for each and every month of the term of this lease, payable on or before the first day of each month of the lease term." 2. All other terms and conditions shall remain the same. This agreed to the day of , 2001. Owner: Annie D. Freeland NORTH CAROLINA ORANGE COUNTY By: Stephen H. Halkiotis, Chair Board of County Commissioners Attest: Beverly A. Blythe, Clerk to the Board LEASE AGREEMENT RENEW. I, Terry Thomas Campbell, a Notary Public of said State and County do hereby certify that Annie D. Freeland personally appeared before me this day and acknowledged the due execution of the foregoing Lease. Witness by hand and official seal, this the day of My Commission Expires: February 12, 2001 2001. Terry Thomas Campbell, Notary Public L 2 Prepared by: Wilbert McAdoo Return to: Wilbert McAdoo Public Works Director Orange County P_O. Bax 8181 Hillsborough, N.C. 27278 NORTH CAROLINA COUNTY OF ORANGE DATE ~•-~ - 46 ITEM LEASE AGREEMEN"f RENEWAL, WHEREAS, a lease agreement was made and entered into as of the twenty-first day of May 1991, by and between the County of Orange, (LESSEE), and Annie D. Freeland, (LESSOR), for *property to be used as a Solid Waste Collection site for Orange County; WHEREAS, the LESSEE and the LESSOR wish to renew the lease agreement as amended;. NOW THEREFORE, the LESSEE and the LESSOR mutually ogee to the following: i 1. Section 2 "The Lease", shall be modified to read as follows: The lease will commence on April 1, 1996 and will terminate on March 31, 2001. Lessor and Lessee, however, may terminate this lease upon giving ninety (90) days written notice to the other. Lessee shall pay Lessor rent in the amount of one hundred and fifty dollars ($150.00) per month for each and every month of the term of this lease, payable on ar before the first day of each month of the lease term. 2. All other terms and conditions shall remain the same. * Property description. Beginning at an iron (control corner) in the West line of N.C. Highway 57 and a new corner of William G. And Annie D. Freeland; thence with the West line of N.C. Highway 57 North 20 deg. 00' 00" East 210 feet to a nail; thence new lines with said Freelands North 70 deg. 00' 00" West 207.43 feet to a stake in Strowd's Creek (through an iron witness on bank) and South 20 deg. 00' 00" West 210 feet to an iron and South 70 deg. QO' 00" East 207.43 feet to the point and place of beginning, containing 1.00 acre, and being Lot 1 according to plat and survey of Alexander T. Davison, RL_S., dated January 12, 198b and entitled, "Property of William G_ And Annie D. Freeland." ' y This agreed to the ~~~ day of (~V• lgg~. NORTH CAROLINA = _ ORANGE COUNTY LESSOR: -- - - ~~~ ~~ ANNIE D. FREELAND I, a Notary Public of said State and County do hereby certify that Annie D. Freeland personally appeazed before me this day and acknowledged the due execution of the foregoing Lease_ ~ Witness my hand and official seal, this the ~'h day of ._ ,~ J ._., 1996. ~,,a„~,,,,,,.~ _r r M~ -„w r "l ~,~ 't r ._~ ... y''v ~-s .~y_ ' ~~ ~qR 2N - ~ Y. _.~ ' A~~/t,' y M~~ My commission Notary Public ~~ l (a- .~f~ ~l ORANGE COUNTY ATTE T: Beverly A_ lythe, Clerk Y: Moses Carey, Jr., Chair Board of Commissioners (SEAL) 3 'REpARE17 BX: GEOF'FttEY uLr.i~ri~~L, H'~"LUISlYL' z tEi'11R~1 ~0: COUI~TTY MANAGER' S OFFICE NORTH CAROLINA LEASE ORANGE COUNTY This lease agreement entered into this 13th day of March , 1986 by and between William G. Freeland and wife, Annie D. Freeland, of HILLSBOROUGH r Orange County, North Carolina, hereinafter referred to as Lessor and Orange County, North. Carolina, 106 Margaret Lane, Hillsborough, North Carolina 27278, hereinafter referred to as Lessee, W I T N E S S E T H: Lessor hereby agrees to lease the property described below to Lessee upon the fallowing terms and conditions: 1. The Proper. The property herein leased is a tract and parcel of land, together with all 1.mpraverients located thereon, located in Hillsbarough Township, Orange Caunty, North Carolina and mare particularly described as fallaws: Beginning at an iron (control corner) in the West line of N.C. Highway 57 and a new earner of William G. and Annie D. Freeland; thence with the West line of N.C. Highway 57 North 20 deg. 00' 00" East 210 feet to a nail; thence new lines with said Freelands North 70 deg. 00' 00" West 207.43 feet to a stake in Strowd's Creek (through an iran witness an bank) and Sauth 20 deg. 00' 00" West 210 feet to an iron and South 70 deg. 00' 00" East 207.43 feet to the paint and place of beginning, containing 1.00 acxe, and being Lat 1 according to plat and survey of Alexander T. Davison, R.L.S., dated January 12, 19$6 and entitled, "Property of William G. and Annie D. Freeland." 1 w This is the same property conveyed to Lessor from by deed recorded at Sook , Page of the Orange County Registry. 2. The Lease. The lease will commence _„ April 1 __ ~ , 1986 and terminate Maxch 31 , 199X. Lessor or Lessee, however, may terminate this lease upon giving ninety (90) days written notice to the other. Lessee shall pay Lessor rent in the amount of Fifty Dollars ($50.00) per month for each and every month of the term of this lease, payable on or before the ls-~ of each month of the J~ease term. 3. Impzavements and Maintenance. Lessee shalt have the right to make any and alZ improvements, temporary or permanent, to the premises as deemed necessary and desirable by Lessee for its use of the premises. It is anticipated that Lessee will us_e the premises for solid waste "dumpsters." It is fux-ther intended that the premises will accommodate and be used for at least twenty---five (25) "dumpsters." Lessee agrees to fence the dumpster site and leave and pro vide a buffer strip of vegetation in its nat ura]~. state of at least 8 feet in width along Highway 57. All improvements made to the premises shall be made at the expense of Lessee. A11 such improvements which aze made to the premises which cannot be removed without damage to the premises shall. become a part of the premises and upon the termination of this lease shall be the property of owner of the premises. Any additional ad valorem taxes resulting from 2 any permanent improvements to the premises steal.]. be the responsibility of -the Lessee. From and after the time Lessee takes possession of the premises it shall be the responsibility of Lessee to maintain the gremises in a neat, clean and orderly. condition at all times. Roadways, paxking areas, and other, public access .ways shall be maintained by Lessee. Fences installed ~i on the premises by Lessee shall also be maintained by Lessee. 4. Taxes. Lessor agrees to pay all taxes and assessments during the term of this lease, including but not limited to municipal, county and state taxes assessed against said premises which are incident to the ownezship of said premises. 5. Insurance and Indemnit y. Lessee shall, at Lessee's expense, obtain and keep in full farce during, the term of this lease a Comprehensive Public Liability policy with limits or $3DD,000/$300,000 for personal in]ury ar death and $100,00D for property damage. The Lessar shall be named as an additional insured in this policy. Lessee shall deliver said policy ar a certificate of insurance to Lessor together with evidence of full payment of premiums.' Ta the extent permitted by ).aw and to the extent provided for in insurance contracts owned by Lessee, Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the premises, or from the conduct of Lessee's business or from any activity, 3 r work or things done, permitted ar suffered by Lessee in or about the premises ar elsewhere. 6. 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 herein 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. Parties. This lease shall be binding and shall inure to the benefit of the parties and their heirs, successors and assigns. $. Entire A reement; 6tlaiver. This lease. contains the entire agreement of the parties and there are not representations, inducements, or ather provisions other than those expressed in writing. 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 a~ this lease. The waiver by Lessor or Lessee of any breach by the other of any term, covenant, ar condition hereof shall not operate as a waiver of any subsequent breach thereof. _ . /~_ 6VTLLIAM GInFREELAND ANNIE D_ FREELAND 4 NORTH CAROLINA ORANGE COUNTX I, a Notary Public of said State hereby certify that William G. k'reeland and Freeland personally appeared before me acknowledged the due execution of the foregoi~ Wit ess my hand and official seal, day of ~~•' 1.986. My commission expires: and County do wife, Ann~.e D. this day and ag Lease. this the ~~~ Notary Public ~ .. '.,: :~ ~ .! _~ .- ~ _.:~_ . ~ ., ORANGE COUNTY r BY= Chairman, Orange County Board of Commissioners ATTEST- (Official Seal) .- ~~~. Clerk to th aard o Commissioners NORTH CAROLINA ORANGE COUNTY This the a,,-~ ~ da ~of ~r 1985. personally came befoze me ~_ v„Pr/ ~ ~ , .who, being by me duly sworn, says that she nownn the~commvn seal of Orange County and is acquainted with ~(/or~ ~~~~~~~ who is Chairman of the Board of Commissioners of Orange County, and that she, the said signed her name in attestation of the execution of said a.nstzument in the presence of said Chairman of said Berard of County Commissioners. 5 Witness my hand and official seal, this the /3 ~' day of/}7l~~P~/ , 1986. N ary Public : y~ .. Fr 4 A ~ ~p~a~y , b ~ • My commission expires: ° yx~ ~ o P11~11C ~ Ari~tr~rl til~~~~, *Cancellatian or termination clause which allows either party to get out of the lease within 90 days. 6 Prepared by: William T. Laws Oran a Count Return to: Same NORTH CAROLINA ORANGE COUNTY Notice is hereby given that the parcel. of ].and herein- after described is ~ of restricted development potential because the suitabil~.ty of lot l for the installation of an on-site subsurface soil absorption sewage disposal facility has not been established by the orange County Health Depart- ment, pursuant to section IV-B-2 of the Orange County•Sub- division Regulations. The ~ parcel of land is situated in Cedar Grove Township, Orange County, North Carol.a.na and xs more particularly described as follows: Beginning at an iron (control corner) in the West line of N.C. Highway 57 and a new corner of William G. and Annie D, Freeland; thence with the West line of N.C. Highway 57 North 20 deg. 00' 00" East 210 feet to a nail; thence new lines with said Freelands North 70 deg. 00' 00" West 207.43 feet to a stake in Strvwd's Creek.(through an iron witness on bank) and South 20 deg. 00' 00" West 210 feet to an iron and South 70 deg. 00' 00" East 207.43 feet to the point and place of beginning, containing 1.00 acre, and being Lot 1 according to plat and survey of Alexander T. Davison, R.L.S., dated January 12, 1986 and entitled, "Property of William G. and Annie D. Freeland." Witness my hand and seal this day of . 19 ~~ T (SEAL) !/y.~''21~~~,~;~~~~ .,-.._.. (SEAL) NORTH CAROLINA ORANGE COUNTY I ~~ ~ ~ •~j~ ~~ a Natar Publa.c for sa'd Cou ty_ an State, do h ~ by certify that ~.-~ 2~-rcG,.~~r.~fo f r-~ /, personally appeared before me this day and . acknowledged the due execution of the foregoing instrument. Witness my and and official seal, this the a ~ • . day of „_,f /`/lc r '~_ - -~-~----~ 19-- ~~-- . Notary Public `"," ~•~~~•~ ~~: ~',, ~.. My commissi.an expires: ~rc.•.~,~.:~Ei~;resll-G"f.3 i:'••, ~;_ ..`~ _ ,~. ~- .. ` ,' . '; r • - "