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Agenda - 03-20-2001-6a
ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM AB5TRACT Meeting Date: March 20, 2001 Action Agenda _ Item= No. SUBJECT: Lon -Term Use Plan for Court Facilities at the Old Post Office in Cha el Hill DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 3/20/01 CH Town Council Memo INFORMATION CONTACT: Kevin Fay, Chair, Old Post Office Committee TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill _ 968-4581 Durham 6$$-7331 Mebane 336-227-2g31 PURPOSE: To receive a presentation from the Chapel Hill Town Council Committee on the Old Post Office. BACKGROUND: In December 2000, the Chapel Hill Town Council's Committee on the Old Post Office presented a report to the Council that expressed their conclusion that the Old Post Office Building at the corner of Franklin and Henderson Streets in downtown Chapel Hill is a valuable asset that should be preserved and enhanced as a community gathering place and as a useful community facility. The Council adopted a resolution that among other things: • affirms the Council's intent to preserve and maintain the Old Post Office building as an important community asset . • states the Council's desire to maintain a U.S. Postal Service office in the building • provides for continued use of space by the Franklin Street Teen Center • authorizes development of a small space as a Welcome Center, to be operated by the Chapel HiII~Downtown Commission • calls for continued use of the building by the District Court The Town Council requests that the Board of County Commissioners authorize appropriate County officials to collaborate with representatives of the Town of Chapel Hill and .representatives of the District Court of the State of North Carolina in joint development of a long-term use plan for Court facilities at the Old Past Office in downtown Chapel Hill. Town representatives will briefly report to the BOCC the results of the Old Post Office Committee's work, and respond to Commissioners' questions. FINANCIAL IMPACT: There is na financial impact associated with the presentation of this report from officials of the Town of Chapel Hill. RECOMMENDATION(S): The Manager recommends that the Board receive the presentation,. and provide appropriate direction to staff. Z TO: Board of County Commissioners of Orange County FROM: Mayor and Town Council of the Town of Chapel Hill Represented by the Council Committee on the Old Post Office: Council Member Kevin Foy, Chair Mayor pro tem Lee Pavao Council Member Joyce Brown , Council Member Pat Evans SUBJECT: Request for Long-Term Use Plan for Court Facilities at the Old Post Office in Chapel Hill DATE: March 20, 2001 PURPOSE The primary purpose of this memorandum is to request that the Baird of County Commissioners authorize appropriate County officials to collaborate with representatives of the Tawn of Chapel Hill and representatives of the District Court of the State of North Carolina in joint development of a long-term use plan for Court facilities at the Old Post Office in downtown Chapel Hill. INTRODUCTION The Committee on the Old Post Office was appointed by the Town Council to develop proposals for the preservation, enhancement and future use of this valuable public building. The Old Post Office building, located in the heart of the downtown at the corner of East Franklin and Henderson Streets, was constructed in 1937. It is a 17,700 gross square foot, two-story structure with brick and limestone walls set on a concrete foundation. The building served as the main Chapel Hill Post Office until 1979, when it was acquired by the Town for a payment of $250,000 and a 25-yeaz no-cost lease to the Postal Service of about 3,000 squaze feet of space and a limited azea for vehicle access and pazking. The main-floor area leased to the Postal Service has been in continuous use for retail customer service since 1979. The District Court of the State of North Cazolina has made continuous use of the main-floor courtroom and related office and work facilities since 1979. The District 2 Attorney occupied offices on the lower floor until this past year when he relinquished. the area, because it no longer was needed. The Franklin Street Teen Center first obtained permissipn to use an area on the lower floor in 1984 and has operated programs in the space continuously since that date. The Town uses areas on the lower floor for storage of records. The small plaza in front of the Old Post Office is a traditional gathering place for citizens, a site used for peaceful assembly in support of or in opposition to a multitude of causes and issues. The rear of the building now is utilized for vehicle access, parking, and refuse collection equipment; .there also is a small lawn with a magnolia tree. BACKGROUND In conducting its work, the Committee on the Old Post Office inspected the site, met with representatives of the District Court, the U.S. Postal Service and the Teen Center, and reviewed relevant records and reports. The Committee concluded that the building and site is a valuable asset that should be preserved and enhanced as a community gathering place and as a useful community facility. On December 11, 2000, the Committee presented a report to the Town Council, a copy of which is attached. The Town Council subsequently adopted a Resolution that, among other things: _ • Affirms the Council's intent to preserve and maintain the Old Post Office building as an important community asset. • States the Council's desire to maintain a U.S. Postal Service office in the building. • Provides for continued use of space by the Franklin Street Teen Center. • Authorizes development of a small space as a Welcome Center, to be operated by the Chapel Hill Downtown Commission. , . • Calls for continued use of the building by the District Court. DISTRICT COURT FACILITIES Chief District Court Judge roseph Moody Buckner reports that the court room and other facilities provided at the Old Post Office building continue to be of value to the Courts. Cases regularly scheduled in Chapel Hill include traffic offenses, minor crimes, small claims, domestic disputes, and civil azbitrations. We believe that having court operations in Chapel Hill is convenient for. Chapel Hill citizens and for all those who have business with the courts, including our police officers and local attorneys. We understand that according to North Cazolina General Statutes, counties have primary responsibility for providing courtrooms and related judicial facilities. A municipality may provide court facilities with the approval of the .Administrative Office of the Courts, after 3 consultation with county officials. Where a municipality provides facilities, a part of the cost of court is remitted to the municipality. Consistent with state law, the Town receives court fees each year, in recognition of the Town's provision of court facilities. Revenues from this source were about $32,000 in the last fiscal year. We note that fees received aze not sufficient to pay the Court's fair share of costs for utilities, custodial. service and capital maintenance of the property; and, to this extent, the Town of Chapel Hill made a contribution to the operation of the courts. - There now is no lease agreement for the court facilities, nor is there any agreed-upon long-term plan for the use of the facilities. We believe that both a lease and along-term use plan would be of value to the Courts, the Town, and to Orange County. In the Committee's discussions, we observed that development of a long-term use plan might make it possible to agree on renovations and improvements that would benef t all the parties. We also noted the possibility that along-term plan for court use of the site might include the passibility of development at the reaz of the building. As we understand it, contemporary court facilities do not rely so much on large courtrooms,, such as the one at the Old Post Office, but more on a lazger number of smaller facilities. We believe it might be possible to develop such facilities and related offices at the reaz of the site. In addition, we note the possibility that the portion of the adjacent parking deck plaza that is designed to accommodate a small building might also be suitable for court use. TOWN COUNCIL PETITION The Town Council received the Committee's report and adopted the attached Resolution which, in part: "Requests that the Orange County board 'of Commissioners and appropriate Court officials, in consultation with the Council, develop along-term use plan for Court facilities at the Old Past Office; and, authorizes the Old Post office Committee to present the Resolution to the County Commissioners and to the Chief District Court Judge as a petition of the Council." We respectfully submit the Council's petition for your consideration; and, we will submit a similar report arid petition to Chief District Court Judge Buckner. " . On behalf of the Council, the Committee is prepared to begin the proposed work at the convenience of the County Commissioners and Judge Buckner. We recognize that staff support work will be necessary and will be pleased to provide such resources as we can to work together with County and Court staff. - 4 ~ -. CONCLUSION The Old Post Office building is a valuable community asset. We believe that it should be preserved and enhanced as an important community facility. We also believe that continued and expanded use by the Courts would benefit the citizens of Chapel Hill and Orange County. Attachment: December 11, 20pQ Memorandum regarding Report on Preservation and Use of the Old Post Office Building __ 3 5 AGENDA # 12 MEMORANDUM 6 TO: Mayor and Town Council ~ ' , ~ . FROM Committee on the Old Post Office Council Member Kevin Foy, Chair Mayor pro tem Lee Pavao Council Member Joyce Brown Council Member Pat Evans SUBJECT: Report on Preservation and Use of the Old Post Office Building DATE: December 11, 2000 The purpose of this report is to present proposals for the preservation and future use of the Old Post Office building at the corner of East Franklin and Henderson Streets. RECOMMENDATIONS We recommend that the Council adopt the attached Resolution, specific provisions of which would: • Affirm the Council's intent to preserve and maintain the Old Fost Office building as an important community asset. • State the Council's desire to maintain a U.S. Postal Service office in the building, and authorize the Manager to negotiate a new long-term lease with the Postal Service for consideration by the Council. - • Call for continued use of the building by the District Court of the State of North Cazolina. • Request that the Orange County Board of Commissioners and appropriate Court officials, in consultation with the Council, develop along-term use plan for Court facilities at the Old Post, Ofl:ice; and, authorize the Old Post Office Committee to present the Resolution to the County Commissioners and to the Chief District Court Judge as a petition of the Council. • Authorize the Manager to determine an appropriate use for space on the lower floor that formerly was occupied by the, District Attorney, with the understanding that long-term use of the space might revert to the Court or to the District Attorney. • State the Council's intent to continue to provide space to the Franklin Street Teen Center unless the Council determines in the future that a more compelling community need requires the use of the space. 6 • Direct the Manager to negotiate necessary arrangements with the Gourt, the Postal Service, and the Downtown Commission to allow installation of a Welcome Center in an azea now used by the Postal Service, with final design details and other terms subject to approval by the Council; and, direct the Manager to negotiate a lease of such space with the Downtown Commission for consideration by the Council. BACKGROUND The Committee on the Old Post Office was appointed by the Town Council to develop proposals for. the preservation, enhancement and future use of the building. In conducting its work, the Committee has reviewed the site, met with representatives of the District Court of the State of North Cazolina, the ~C.1. S. Postal Service, and the Franklin Street Teen Center, and reviewed relevant records and reports. The. Old Post Office building at the corner of East Franklin and Henderson Streets was constructed in 1937. It is a 17,700 gross squaze foot, two-story structure with brick and limestone walls set on a concrete foundation. The building served as the main Chapel Hill Post Office until 1979, when it was acquired by the Town for a payment of $250,000 and a 25-year no-cost lease to the Postal Service of about 3,000 squaze feet of space and a limited azea for vehicle access and parking. The main-floor azea leased to the Fostal Service has been in continuous use for retail customer service since 1979. The District Court of the State. of North Cazolina has made continuous use of the main-floor courtroom and related office and work facilities since 1979. The District Attorney occupied offices on the lower floor until this past yeaz when he relinquished the area, because it no longer was needed. The Franklin Street Teen Center first obtained permission to use an area on the lower floor in 19$4 and has operated programs in the space continuously since that date. The.Town uses areas on the lower floor for storage of records. The small plaza in front of the Old Post Office is a traditional gathering place for citizens, a site used for peaceful assembly in support of or in opposition to a multitude of causes and issues. The reax of the building now is utilized for vehicle access, parking, and, refuse collection equipment; there also is a small lawn with a magnolia tree. Sketches aze attached that show the layout of the building space, the plaza and the-rear of the building. As a part of the 2000-2005 Capital Improvement Program adopted last spring, the Council authorized ten-year installment financing for several renovation projects, including limited repairs of the Old Past Office. A total of $240,000 (engineering, construction, construction management, and interest costs) is allocated for repairs to the exterior of the building, including roof replacement and repair of windows and masonry. The Manager expects that this work will be undertaken this fiscal yeaz. 7 The funds available would address only the most critical exterior repair needs. Total building repairs needed on the exterior and interior,. based on continuing present uses, would cost about $1,130,000 for construction (not including engineering, construction management and interest costs). - DISCUSSION OF KEY ISSUES We believe that the Old Post Office building and site is a valuable asset that should be preserved and enhanced as a community gathering place and as a useful community facility. Postal Service: The Post Office in the building serves many citizens and businesses with postal boxes and other retail postal services. It is a successful business site for the Postal Service. 'We believe that having a post office in the .downtown will continue to be a valuable service for the community in the future. . The present lease of space to the Postal Service will expire on August 14, 2004 (please see the attached lease). Chapel Hill Postmaster Robin Lockhart has stated that the Postal Service is interested in obtaining another long-term lease. The present lease requires the Town to provide utilities, maintenance and custodial services at no cost to the Postal Service. No lease payment is required. We believe that a lease more favorable to the Town and still acceptable to the Postal Service could be agreed upon, and that an initial term of at least l0 years would be in the Town's best interests,. We recommend that the Council direct the Manager to negotiate along-term lease far consideration by the Council. District Court: Chief District Court Judge Joseph Moody Buckner reports that the court room and other facilities provided at the Old Post Office building continue to be of value to the Courts. (Please see the attached letter.) Cases regulazly scheduled in Chapel Hill include traffic offenses, minor crimes, small claims, domestic disputes, and civil arbitrations. We believe that having court operations in Chapel Hill is convenient for Chapel Hill citizens and far all those who have business with the courts, including our police officers and local attorneys. - We understand that according tv North Cazolina General Statutes, counties have primary responsibility for providing courtrooms and related judicial facilities. A municipality may provide court facilities with the approval of the Administrative Office of the Courts, after consultation with county officials. Where a municipality provides facilities, a part of the cost of court is remitted to the municipality. Consistent with state law, the Town receives ,court fees each year, in recognition of the Town's provision of court facilities. Revenues from this source were about $32,000 in the last fiscal year. We note however, that fees received clearly aze not sufficient to pay the fair shaze of costs for utilities, custodial service and capital maintenance of the property. There is no lease agreement for the court facilities, nor is there any agreed-upon long-term plan for the use of the facilities. We believe that both a lease and along-term use plan would be of 8 value to the Courts, the Town, and to Orange County. In our discussions, we observed that development of a long-term use_ plan might make it possible to agree on renovations and improvements that would benefit all the parties, especially if there is agreement on a funding plan. We also noted the possibility that along-term plan for court use of the site might include the possibility of development at the reaz of the building. As we understand it, contemporary court Facilities do not rely so much on large courtrooms, such as the one at the Old Post Off ce, but more on a lazger number of smaller facilities. We believe it might be possible to develop such Facilities and- related offices at the reaz of the site. In addition, we note the possibility that the portion of the parking deck plaza that is designed to accommodate a small building might also be suitable for court use. Advantages and disadvantages of such development would have to be weighed by the Council, of course. - - We recommend that the Council adopt the attached Resolution requesting that the Orange County Boazd of Commissioners and appropriate Court officials, in consultation with the Council, develop along-term use plan for court facilities at the Old Post Office site. We further recommend that the Committee be authorized to present the Resolution to the County Commissioners and to the Chief District Court Judge as a petition of the Council. District Attornev: The District Attorney no longer uses offices formerly reserved for him and his staff on the lower floor of the building, and expects no need for offices at the site in the foreseeable future. However, the needs of the District Attorney might change if the use of the building by the Court changes. We recommend that the Manager determine an appropriate use for the space formerly occupied by the District Attorney, with the understanding that long-term use of the space might revert to the Court or the District Attorney in the future. . Teen Center: The Franklin Street Teen Center lease will expire on December 31, 2000; but the Council has authorized the Manager to make annual renewals, so long as renewal would be consistent with the Town's needs and interests. (Please see the attached lease.) The -Manager - expects to renew the lease for another year in January. The Teen Center pays no rent, but provides its own custodial services. e Like all social services programs, the benefits of the Teen Center are difficult to quantify. The Teen Center provides an environment free from drugs and alcohol where Chapel Hill teenagers can engage in more wholesome pastimes than might otherwise be available to this age group. Consistent with the Council's past practice, we recommend that the Council continue to provide space to the Franklin Street Teen Center unless the Council determines in the future that a more compelling community need requires the use of the space. Welcome Center and Downtown Commission Office: The Downtown Commission has been seeking a good location for a Welcome Center and office since it was forced to move from its 9 quarters by the deconstruction of the former Hudson-McDade House, once located in the first block of West Franklin Street. They, recently were displaced from their location in the Bank of America building and now are temporarily located in an office on the lower floor of the Old Post Office, where the District Attorney formerly had offices. (This arrangement was authorized by the Manager as a temporary use so that the Welcome Center operation would be able to continue.) The Downtown Commission earlier attempted to work out an arrangement that would have resulted in a small Welcome Center in the lobby of the Old Post Office. Objections about the insertion of such a facility. in the lobby azea ultimately led. the Commission to search for other options. We believe that it is desirable to have a Welcome Center in the downtown to serve visitors to our community .and that the Old Post Office would be a good location for such a center. In our inspection of the building, we determined. that it would be possible to locate a Welcome Center in an azea now used by the Postal Service as a break room for employees. The break room could be replaced by space now designated as a Court conference room, with minimal modifications. The Court conference room space could be replaced by a minor reconfiguration of space behind the courtroom. At our request, the Manager discussed this possibility with Chief District. Judge Buckner and Postmaster Lockhart. Both agreed that the arrangement was feasible and stated that they would have no objection. We believe that such an arrangement would provide a community benefit at minimal cost. We understand that the Downtown Commission has funds that could be used to pay for the modifications. We recommend that the Manager be authorized to negotiate necessary agreements with the Court, the Postal Service, and the Downtown Commission to allow installation of a Welcome Center at the Old Post Office, with final design details and other terms subject to approval by the Council. We also recommend that the Council direct the Manager to negotiate a lease with the Downtown Commission for considerataan by the Council. CONCLUSION The Town is fortunate to own the Old Post Offlce,• a building and site of great value to our community. ~VVe believe that the building should be preserved and enhanced as a community facility and gathering place. Cooperation among the Town Council, the County Commission, the District Court, the Postal Service, the Downtown Commission, .the Teen Center and all those who have an interest in this valuable public asset is needed to develop along-range use plan for the facility. RECOMMENDATION 1Q We recommend that the Council adopt the attached resolution. 10 ATTACHMENTS 1. Sketch of main floor of Old Post Office (p. 8). 2. Sketch of lower floor of Old Post Office (p. 9~. 3. Sketch showing Franklin street plaza. and reaz of Old Post Office (p.10). 4. Lease with U. S. Postal Service (p: ] 1). 5. Letter from Chief District Court Judge Buckner (p. 1$). 6. Lease with Franklin Street Teen Center (p. 20). 11 ll A RESOLUTION REGARDING PRESERVATION AND FUTURE USE OF THE OLD POST OFFICE (2000-12-11/R-1T) ~ z. WHEREAS, the building and site at the northwest corner of East Franklin and Henderson Streets in downtown Chapel Hill is a valuable community facility and gathering place; and ~ ' . ~ . WHEREAS, the Council of the Town of Chapel Hill desires to preserve, enhance and plan for the future use of this public asset; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hi11 that the Council hereby: • -Affirms the Council's intent to preserve and maintain the Old Post Office building as an important community asset. _ • States the Council's desire to maintain a U.S. Postal Service office in the building, and authorizes the Manager to negotiate a new long-term lease with the Postal Service for consideration by the Council. Calls for continued use of the building by the District Court of the State of North Cazolina. • Requests that the Orange County Boazd of Commissioners and appropriate Court officials, in consultation with ,the Council, develop along-teen use plan for Court facilities at the Old Post Office; and, authorizes the Old Past Off ce Committee to present the Resolution to the County Commissioners and to the Chief District Court Judge as a petition of the Council. • Authorizes the Manager to determine an appropriate use for space on the lower floor that formerly was occupied by the District Attorney, with the understanding that. long-term use of the space might revert to the Court or to the District Attorney. • States its intent to continue to provide space to the Franklin Street Teen Center unless the Council determines in the future that a more compelling community need requires the use of the space. • Directs the Manager to negotiate necessary arrangements with the Court, the Postal Service, and the Downtown Commission to allow installation of a Welcome Center in an azea now used by the Postal Service as an employee break room, with final design details and other terms subject to approval by the Council; ,and, directs the Manager to negotiate a lease of such space with the Downtown Commission for consideration by the Council. This the 11~' day of December, 2000, _, ... .. ~ .. FACILITY: 102 POST OFFICE /COURTHOUSE JSAGE: 100 COURTHOUSE /POSTAL INSPECTORS: PEELEN ATTACHMENT DATE:01 /12/2000 INSPECTION DATE:12/13/ 1'RC'Fl73C~ ~,~rt~9Z 0 QQ THROUGHOUT BUILDING INTERIOR 19 . ... ^ ATTACHMENT Z FACILITY: 102 POST OFFICE / COURTHOUSE DATE:01/12/2000 USAGE: 100 COURTHOUSE / POSTAL INSPECTORS: PEELEN ~ INSPECTION DATE:12/13/19~ O D :, a.mtitr a.ase I : 6 ~71~T ~p M'~Y ii - asnerr ATIOMIEY 0/tICC O O iEQI EEtItE1t a o D ~ ~~ ,m~ [~MF71 (~F1:C ~n staiucc -~ >~ roro~cc ~o `f -~~ 0 ~Q THROUGHOUT BUILDING INTERIOR y ~~~~ a ~; ~ ~ ,.. ,. :. ~ ~ ,i F ~~: ~ - i e. ' ~ f ~=` ~I ~..n d ~' L I T7 ; ~L i~ ,~ .- 7 U. S. Post Oft .~ ~. f i' ~ ~' it ~ ~ ~°+ '~ ~' ~~' ,1., ,~ F ~ ~ i , ;I L I ~ I ~~~~ _~ N ~ Z 1 o ,: ~ ~J J :.t i ~~ y,9 ..~..`. ~ Y T ~_ T ~ I T '.~" . ~.wr.~sa-rrar -- ~-.~.-- • .~ _ © ;~.,,.., ATTACHMENT 4 1 G '-mtur_: to :. xa3;~•mpd,, Denny & Miller, P, o. Box 1020, drape]. Hi11, ivd 27614 1J.5. POSTAL SERVICE ~~CV V .PACE LEASE :.'•FFICE, 5TATION, BRANCH, ETC. CITY, COUNTY, STATE AND ZIP CODE .. ;anklin Street Statioa L79 East Franklin Street. Cha el Hi11 Oran a Count NC 27$14 t. Tltis LEASE, made and entered into this 3rd day of rll ~ fg 79 by .~nr! bEnveen • the Town of Chapel Hill,, North Catalina . hereinafter called the Lessor, v`I'r:== at:d:ess is 306 North Colulltbia Street, Chapel Hill, • North Carolina 27514 for Lessor and Lessor's heirs, executors, administrators, succtsssors, and assigns and the United States Pgsral Service, hereinafter called the Postal SLr VICe: ~ ~~ 1r11TNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 2. The Lessor.hereby,leases to the Postal Service the following described prtmises, viz.: appxoximately 3,000 square feet ~£ interior space at ~Che foxmer Franklin Street Post Office located at 179 East Franklin Street, Chapel Hill, North Carolina and, further being shown. oa perlifainary sketch far remodeling dated January, 1979, by City Planning and Architectural Associates attached zereto and made a part of this contract'by refereace. • Trle leased protion of the building's interior may be described further as that part • ".he first floor which is east of thla proposed City Court facility, plus that part of ~._ front lobby east of an imaginary straight line running with the inside east wall of said proposed City Court facility to the lobby's south wall separating the lobby frlam the bestibule; however, the City shall have the right of ingress and egress over the east portion of the lobby. . 3. TO HAVE ANp TO HOLD s ' emises with their appurtenances fqr- THE TERM BEGINNING AND ENDING WITH TgTAt_ NUMBER OF YEARS r• , ~ f ~~~! ~ ~~CJS % I ~ 2 [a0 TWEIITY-FIVE (25) YEARS 4. The Postal Service shall pay the lessor an annual rental of: • ONE DOLLAR -------------__••-----------------_•.~------~Qllars. S ~~,00 . payable in equal instal menis at the end of each calendar asemcls. Rent fqr part of aneRth shall be prorated. • year year 5. This lease may be renewed, at the option of the Pgatal Service, for the following separate and consecutive terms and at the following annual rentals: • .~ ~. YEARS p R A NUAL RENTA NO, YEARS R1NlJAL REN7g'Ll NO• YEAR5 p R AT _ Icl t•) 1 .ey (d1 ~ r~ Idl 1.. 1'? ~~ .. . - s~cY 32o P~~E 2~ 6. The Lessor shall furnish to ehe Postal Servicx under the perms of this lease, as part of the rental consideration; the following. ~ A. All utilities,•maintenance and janitorial services Eor approximately 3,000 square feet o£ postal occupied space will be•provided at no ' cost to the Postal Serva.ce. ' B. Improvements to postal areas will be in keeping with improvements " and modifications trade to other portions of the structure, more • specifically dropped ceiling, modernization of heaCing and a3.r- conditioning systems, improved li$hti.ng. C. Three postal employee parking spaces at the rear of the building will be provided,' . D. Access to and use of loading dock will be provided.. E. All improvements and fixtures as shown on drawings by CPAA dated January, 1979, such as bathroom fixtures, doors, and partition walls will be provided ita parstal area. F. Present vault door will be removed atad.xeinstalled at the rear vault. G. It is agreed that the Postal Service shall have an ample area behind the dock for mail trucks to maneuver. 1 7. The Lessor shall at his•expense record this lease in the proper recording bffic'. ~~ l~ 8. Th sxpi er '-;~ ~. ublet-all or any part oft rt31'ti s ~'(^ !t ~~ lease by reas 'Iti•~, ~ e~this lease but shall not be relieved t arty t~ er this ~~ ~~~ s~btrtting or assignment. ~ ~ ~ ~ tl ~+ 9. The Postal Service shfaf~~II have the right tp make alterarions, sttach~ixtures and erect additions, strueturcs or signs in oc upon the prentis^s h?reby leased (provided such alterations, additions, structures or signs shall not be detrimental to or inconsistent with the rights granted. to ocher tenants on the pro,~erty or in the building in which said premises are locatedl: which fixtures, additions or struetures s0 placed in, upon ar attached ta'the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by ehe Postal Service. Prior to expiration or' termination of'this lease the Postal Service shall, it required by the Lessor by notice in writing sixty days in atJ~•ancr of Such expiration•or termination, restore thr premises to as good condition as that existing at the time of entering upon the same under this (ease, reaswtable and ordinary wear and tear and damages by the elements or by circumstances over which tha Postal Servitx has na t:ontrol, excepted. to. (a! This lease may be terminated upon ninety days' notice in writing to the Lessor whenever the Postal Service shall decide to move the office into a bue!ding owned uy the Postal Servit.~. Itr) This lease may be terminated upon ninety days' notice in writing to the Lessor whenever, in the judgmental the Postal Srrvice, the growth a/ the service at that office renders additional room necessary and the Lessor is unable or unwilling ee I„rn;eF.. ...~.~_ _ ....~:_:..... additional spaCC at an addit~nnwl r~neei ~~.:.~_,.__. _ ... _~ ., t 18 i 1. la) The Lessor shall, except as otherwise specified herein and except for damage resulting from the act or negligence of Postal Service a~~nte ar employees; maintain the demised premises, including the building and any and all equipment, fixtures, and aptxtnenances, whether severable or non severable, furnished 6y the.Lessor under this lease, in good repair and tenantable condition, Me shalt repaint ehe interior (including but not limited to the walls and ceilings) at least once every 5 years sunless the 5•year period is specifically extended in writing 9y the Contracting Officer) and at any other time that painting may ber.~me necessary as a result of fire or other cawafty. For the puryose of so maintaining said premises and property, the Lessor may' at reasonable limes enter and inspect the same and make any necessary repairs [hereto. . Additionally, the Lessor shat) designate maintenance repairmen, for elgetrical emergencies, for plumbing emergencies, for heating, ventilating and air conditioning emergencies and other emergencies (windows, doors, locks, etc,), who may be called by the Postal Service in the event of an emergency situation involving maintenance of the leased property and/or equipment when the Lessor or his agent cannot be contacted within a reasonable time. , Ibl If the leased premises or any part thereof became unfit for use tar the purposes for which leased, the Lessor shall put the same in satisfactory condition, as determined by the Postal Service, for the ttse for which leased. (c1 When the need arises for maintenance or repair or for restoration to ~ condition suitable for the purpose for vNtieh leased, the Postal Service shall (except in emergencies) give the Lessor written notice thereof, specifying a time fvr completion of the work which is'reasonable and commensurate with the nature of the vaork required. A copy shall be furnished by txrtffied ar registered mail to the Lessor's mortgagee and assignee of the monies due or to berome due under this lease, whose names and addresses have been famished tp the Postal Service by the Lessor. If the Lessor (or the mortgageC or the assignee, on behalf pf the Lesrar) fails to prosecute the work with such diligence as wilt ensure its completion within the time specified fn the written native for any extension thereof•as may 'be granted at the sole discretion of the Postal Service! ar fails to complete the work within said time, the Postal Servios shall have the right to perform the work, by contract or otherwise, and withhold the cost thereof from payments due ar to become due under this lease, vr, at the sole discretion o! the Postal Service in the Case of work required pursuant to paragraph fb), cancel the lease. In addition, for any period the premises, or any part thereof, are unfit for the purposes for which leased, the rent shall be abated in proportion to the area determined b11 the Postal Service to have been rendered unavailable to the Postal Service by reason of such condition, Unfitness for use does not include unsuitability arising from such causes as design, size or location of the building or other portion of the leased premises. ' 1Z, No member of or pelegate to Congress ar Resident Commissioner shall be admitted m any hart! pr part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained shall 6a construed to extend to any incorporated company, if the lease before she general benefit of such corporation or company. ' ' 13. (The following [louse is applicable when the leased~spaex is in a building occupied by tenants er concessionaires in addition to the Postal Service and if the total rental under this lease exceeds 510,000 per year, ar, at the sole election of the Postal 5ervwex, iF the total rental under this lease combined with the total rental under all other Federal Government leases of spares in the building which the space; covered by this lease is located exceeds 510,000 per year.) lal As used in this clause, the term °facility" means smres, shops, restaurants, cafeterias, restroorrts, and any other facility of a public nature in the building in which the space covered by this lease is located. Ib) The Lessor agrees that he will not discriminate by segregation or otherwise against any person or persons because of race, color, religion, sex or national origin in furnishing, or by refusing to furnish to, such person or persons the use pf any facility, including any and all services, privileges, accommodattans, and activities provided thereby. lc) It is agreed that the Lessor's noncompliance with the provisions of this clause; shall constitute a material breach of this lease. In the event of such noncompliance, the Postal Service may take appropriate action to enforce compliance, may terminate this lease, or may pursue such other remedies as may be provided by law. In the event of termination, the Lessor shall be liable for all excess ousts incurred by the Postal Service in acquiring substitute sparse, including but not limited to the easraf moving to such space. Idl The Lessor agrees to include ar to require the inclusion of, she foregoing provisions of this clause (with the terms "Lessor" and "lease" appropriately modified) in every agreement or concession pursuant to which any parson other than the Lessor operates or has she right to operate any facility. The Lessor also agrees that it will take suu't action with respect to any such agreement as. the Postal Service may direct as a means of enforcing this clause:, including but not limited tp termination of the agreement or concession, ' 1Q. IThe Following is applicable if this agreement covers premises of net interior space in excess of 6,500 square tact! (al Au'mechanics and laborers employed in construction, modification, alteration, repair, painting, decoration, or other improvement of the building or space covered by this agreement, or improvement at the site of the building qr facility covered by this agreement !other than maintenance work necessary to keep the building or space in such condition that it may be continuously used at an established capacity and efficiency for its intended purpose!, shall be paid unconditionally and not lass often than once a week, and without subsequent deduction or rebate an any account (except such payroll deductions arc permitted by the Copeland Regulations 129 CFR part 31), the Full amounts due at time of payment computed at wage rates oat less than the aggregate of the basic hourly rates acid the rates of payments, contributions, ar casts for any fringe benefits contained in the wage determination decision of the Secretary of Lobar which is attached far any fringe benefits contained in the wage determination decision of the Secretary of Labor which is attarheq hereto and made_•a part hereof, regardless of any contractual relationship which may be alleged to exist lxtween the Lessor or subcontractor and such laborers and mechanics: A copy of such wage. determination decision shall be kept posted by the Lessor at the sits of the work in a prominent place where it can be easily seen by the workers. 19 • . t ~~-: Ibl The Lessor may discharge his obligation under this pause to workers in any classification for whir?t the wage determinati rrt decision con tuns: 111 Only. a basic hourly rate of pay, by making payment at nqc less than such basic hourly rate, except as otherwise provided in the Copeland Flryulations (29 CFFi Part 31; or (2) Both a basic hourly rate of pay and fringe benefits payments, by making payment in cash, bl/ irrevocably making contributions pursuant to a fund, plan, or program for, and/or by assuming an enforceable contmirment w bear the cost of, bona fide fringe benefits contcmplared by 4l) U.S.C. 27fia, or by any combination thereof. Contributions made, Or casts assumed, on other than a weekly basis shalf•be" considered as having been constructively made or assumed during a weekly period to the extent drat they apply tp suds period. Where a fringe benefit is expressed. in a wage determination in any manner other than as an hourly race and the Lessor pays a CsisFt equivalent or provides an alternative fringe benefit, he shall furnish information wish his payrolls showing how he determined that the cast incurred m make the cash payr.Wnt or to provids the alternative fringe benefit is equal to the east of tlt2 wage determination fringe benefit. In any case where the Lessor provides a fringe benefit different from any contained in the wage determination, he shall similarly show how he arrived at the hourly rate shown therefor, In the event of disagreement between or among the interested parties as to an equivalent of any fringe benefit, the Contracting Dfficer shall submit the question, together wish his recommendation to the Secretary of Labor far final determination. (cl The assumption of an enforceable commitment to bear the cost of fringe benefits, or the provision of any fringe benefits nor. expressly listed in section (bl (21 of 40 U.S.C. Z76a. or in the vwge determination decision forming a part of the wnuaet, may be considered as payment of wages only with the approval of the Secretary of Labor purwant to a written request by the Lector, The Secretary of Labor may rtquire the Lessor to set aside ssseu, in a separarx accpunt, to meet his obligations under any unfunded plan pr program, ldl The Contracting Dfficer shall require that any pass of laborers or mechanics which is not listed in the wage determinatton derision and which 4s...ro .be employed under the conuact shall be classified or rcdassified conformably to. the wage determination derision, and shall sreport• the action taken to the Secretary of Labor, If the interested parsiss cannot agree on the proper classiligtion ar reclassification of a particular' glass of laborers or mechanics to be turd, the Contracting Officer shall submit the question, together with his recommendation, to the Secretary of Labor far final determination. (el Appreniiees shalt be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered with a Stets apprenticeship agency which is recognized by tf+e Bureau of Apprenticeship and Training, United States Department of Labor; or, if no such recognized agenry exists in a State, under a program registered with the aforesaid Bureau of Apprenticeship and Training, The allowable ratio of apprentices ro journeymen in any el•aFi c:assification shall be not greater than the ratio permitsed to the Lessor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not reyistcred as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actual) ~ Lessor shaft fumish written evidence of the registration of his program and apprentices as rr_11 as of the ratios allowed and the ova a rates ~~ The to 6e paid thereunder for the area of construction, prior to using any apprentices in the work. g required (f) The Lessor shall maintain payrolls and basic retards relating thereto during the course of the work and shall prtserve them for a period of three years thereafter for alt laborers and mechanics employed itt the work covered by this douse, Such records shall contain the name and addr:ss of each such employee, his correct classification, rate of pay (including rates of contributions far, or casts assumed to provide, fringe l~enefi;sl, gaily and .weekly number v/ hours worked, deductions made and actual wages paid. Whenever the Lessor has obtained approval from the Secretary .of Labor as prpvided in paragraph Ic) of this pause, he shall maintain records which show the commitment, its approval, written communication of the plan or program to the laborers ar mechanics affected, and the costs anticipated or incurred under the plan ar program. Igl The Lessor shall submit weekly a copy of all payrolls tp the Contracting Officer. The Lessor shall 6e.rcspansible for the submission of copies of payrolls of a:l subcgntractars. The copy shall 6e accompanied by a statement signed by the Lessor indicating that the payrolls are correct and complete, that the wage races contained therein are not less than those determines by the Secretary of Labor, and drat the classifications set Forth for each laborer qr mechanic conform with tfu work he performed. Submission of the "1Neekly Statement of Compli- ance" required under this Agreement shall satisfy the requirement for submission of the above statement. The Lessor shall submit also a copy of any approval by the Secretary of Labor with respect to fringe benefits which is required by paragraph fel of this clause. (hl The Lessor shalt make the records required uncl~r this etause availa6te for inspection 'by authorized representatives of the Contracting Dfficer and the Department of Labor and shall permit such representative to interviewemplayees during working hours on the job. li) The Lessor shall comply with the Copeland Regulations of the Secretary of Labor (Z9 CFR Part 3) which arc incorporated herein by reference. Ili The Contracting pfficer may withhold or cause to be withheld from the Lessor so much of the accrued payments or advances as r*~ay be considered necessary to pay laborers and mechanics employed by the Lessor or any subcontractor On the work the full amount of wages required by the contract. Ikl If the Lessor or any_ subcontractor fails to pay any laborer or mechanic employed or working an the site of the work, all or part a( the wages required by the contract, the Contrasting Officer may, after written notice to the Lessor, talcs such action as may be necessary to cause suspension of any further payments or advances until such violations have ceased. ~-~-- .~ E~Ev ~~U PaGE zo T5. OvertiRle •• "~ (al TMe Lessor shall not require or permit any laborer Or ntechanie in any worltv-bek in which he isemplayed on srry work under this ,~ar~ement to work in excess of 8 hours in any calendar day or in excess of 40 hours in wch workweek on work subject to the provisions of the ^,antract Work Hours and Safety Standards Act (CG U,S.C. 327.3331 unless such laborer or mechanic nstxives compensation at a rate not less than one and one•hal( times his basic rata of pay for all such hours worked in extxss of $ hours in any calendar day or in exrxss of 4q hours in such workvxek, whicltever is the greaser number of overtime hours. The "basic rate pf pay", as used in this clause, shall be the amount paid per hour, exclusive 'of the Lessor's contribution or cost for fringe benefits and any trash payment made in lieu of providing fringe benefits, or the basic hautly rate contained in the wage deu:rmination lif appticabiel, witi[hever is greater. . (b) In the event of any violation of the provisions of paragraph (a1, the Lessor shall be liable t4 any affet:ted employee for any amounts due, and to the Postal Service far liquidated damages. Such liquidaud damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph (al in the sum of $10 for each calendar day on which cads employee was required or permitted to be employed on such war(C in etxrxss of 8 (tours or in excess of the xtandard workweek of 4D hours without payment of the h .. overtime wages required by paragraph.lal. - ''" lc) The Contracting 17fficer may withhold from the Lessor. from any moneys payable under the lease, such sums as may axfmin- istratively be determined to be necessary m satisfy any liabilieiea of the Lessor fpr unpaid wages and liquidated damages. 16. Health and Safety Standards la) To tfte extent this agreement is for eoriservetion, alteration, and/or repair, including painting and decorating, the Lessor shall not require any laborer or mechanic employed in the perfprmanoe of this agreement to work in surroundings or under working conditions which arc unsanitary, hazardous, yr dangerous to his health or safety as determined under standards pramutgaaed by the Secretary of Labor under the authority of 40 U.S.C. 333 Isee Z9 CFR Part 1518). • Ib! In the even[ it is determined that the Lessor has failed to comply with this provision regarding health and safety standardls, the Postal Service, in its discretion, may cancel this agreement, contract for the balance of the work or term, and charge ZA the Lessor the additignal cost, if any, int:urred'thereby, 17. Subcontract Provisions ~ ~ ~ ~ - • ~ .. ThP Lessor agrees to insert Clauses 14, 15, 16 and 17 of this Agreement in all wbconsraets hereunder and to require their inclusion in all subcontracts of Ivwer tier. The term "'Lessor' as used in these raauses in any submntrect'shall be deemed to refer to the wboontrector, 18. Assignment of Claims lal If this agreemene provides for payments aggregating S1,pl]0 or more, claims for moneys due or to become due the Lessor from the Postal Service under this Lease may bt assigned to a bank, trust company, ar other financing institution, including any Federal tending agency, and may thereafter be further assigned and reassigned to any such institution. Any such assignment ar reassignment shall cover all amounts payable under this Leese and not already paid, and shall not be made w more than one party except that any such assignment er reassignment may be made to one parry as agent or trustee Ior two or more parties participating in such financing: No assignment or reassignment will be rr:cocnized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with (i) the Contracting Officer, (ii) the surety or sureties upon the. band or bonds, if any, in Connection with this Itsase; and {iiil the disbursing otficpr, if any, designated in this lease to make payment, and the Contracting Officer has acknowledged the assign men t in. writing, Ib1 Assignment of this lease or any interest in this lease other than in accordantz with the provisions of this clause shaft be grounds for annulment of the lease at the oprion ai the Postal Service, 19. I` the premises are mortgaged prior to or during the term of this lease, including any renewal option periods, the Lessor shall so inform the Contracting Officer and shall, upon request, furnish a mortgage subo?rdination agreement on PS Form 745(7. 2t). The following paragrapfts were deleted before execution: Paragraphs 5, 8 and Z3 are deleted. 21. The following paragraphs wens added befon: execution: Bar "'~O pAC~ Paragraphs bA, B, C, D, .E, and F. 22. The following document; are inovrpvraced in and made apart o/ this Lease: - Preliminary sketch for remodeling the United States•Post Office dated January, 1979, drawn ~y C%ty Planning and Architectural Associated is attached hereto. and made a part of this contract. ~ eae~ 320 P~c~ 238 .-. WITNESSES: ~ BY Title SEAL 22 TES PAST ~~ s T. Coe Town of Chapel Hill, personally came derore me znis aay ana oeing vy ~~ duly sworn says each for himself that he knows the corporate seal of sai Town of Chapel Hill, and that the seal affixed to the foregoing instrume is the corporate seal of the Town of Chapel Hill; that RAYMOND E: SHIPMA Town Manager far said Town, and DAVID B. ROBERTS, Town Clerk far said T subscribed their names thereto; that the corporate seal of the Town of Chapel Hill was affixed thereto, and said instrument is the act and deed the Town of Chapel Hill. IN WITNESS WHEREO I have hereunto set my Hand and Nod ial Seal, this the ~~ day of c.'~ 1979. I 1~ ;~~~ ~ IMI~ IL f~ Note Pu is ~o~rr Puhiie ~ ~ ~ r ~~ ;~ ~ ~~ My commission expires: STATE 4F NORTFI•CAROLtNA-0RANGE CQUNTY ~~~~ THE FOREGOING CERTIFICATE ~t OF Nancy M. Phelps - - dOOK~~~'3~ A NOTARY {]iDCO(CCYLlUL;~ RIJtILIC OF THE QESIGNATEO GOVERNMENTAL UNITS 15 t GERTIFIEt] TO 8E ~i1~ Z9 4 1~ CORRECT Y `J THIS TME,,,~„~9th OAY oa Au ust •• Ko.19 79 G1~51 EUI;E BETTY JUNE -+AYES, REGISTER Of pEEOS BY: ~ ~r oRAHGE CCU L . ~'y STA1~~ i ~~ ~' ~ ~ ~ ATT'ACHMEN _ ~ ~. •-~.::- csf~ of CNort~z easo~e'r~. ~~za~ C~.occ ~F of ~Eic~ JOSEPH MOOGY BUCKNER ~5~ ^~~+--f' ~AU'~E ~~=E:L;,E pISTRICTCOURTJUDGE GNIEF DISTAIGT JUpGE CNARL28 T. L. AN pERSd~ ALON20 BROWN COLEMAI M. PATRIGIA DEVIN6 Mr. Cal Horton, Manager Town of Chapel Hill 306 North Columbia Street Chapel Hill, NC 27516 Dear Cal, We very much appreciate the mats you have installed in the hallway off the Chapel Hill courtroom. Zt has had a remarkable effect on making the hallway and courtroom much quieter. This is an extremely positive improvement for the citizens and staff. We also have now developed a "take a number "system which allows persons waiting to dispose of their traffic cases on our once a month administrative traffic day. This allows citizens to sit down while they are waiting to speak to the district attorney. Orange County is required under the law to provide all necessary facilities for court and court personnel. We realize we are only able to have court in Chapel Hill because we are permitted to do so by the town. We sincerely thank the Mayor and Council for the use of the courtroom. Without this facility, we would-not be able to meet our judicial responsibilities in a timely way. °' Currently we are holding courts in Chapel Hill involving abused and neglected children, persons with underlying mental health issues who are charged with minor crimes, small claims matters (filed primarily by and involving Orange County residents who do not have lawyers) and civil arbitrations. We also have traffic court days that include a high volume of minor violations as well as our weekly Tuesday criminal court cases such as DWI's, reckless driving, high speeds and other alcohol offenses. Because of our courtroom shortage in Hillsborough and a growing domestic caseload, 24 Q we are also steadily increasing the number of domestic cases heard in Chapel Hill. These cases involve people in emotional and financial crisis over critical issues of spousal and child support, property division, divorce and child custody. Needless to say these matters need to be heard and ~ " . " . :decided as quickly as possible in an environment that do not place the parties in any further stress. On that note, because of a real possibility we will lose our primary civil hearing room in Hillsborough, for the near future it will be essential we continue to have access to the Chapel Hill courtroom. We are confident the Boazd of Commissioners will soon meet their Iegal obligations to the courts and the public by expanding.the Hillsborough facilities. Until then, we hope you will continue. to aiiow us to use the Chapel Hill courtroom for these important Orange County court needs. Again, we are deeply grateful to the Mayor and the Town Council. On behalf of all the judges, I am Buckner Cc Mayor Waldorf and Council Orange County Commissioners Orange County Manager Very truly yours, L ATTACFIlVIENT 6 ~~ , LEASE AGREEMENT This Lease P.greement, dated as of January 1, 2000 by and betwee;~ the Town of Chapel Hill, North Carolina, a North Carolina municipal corporation, 306 North Columbia Street, Chapel dill, North Carolina (the "Town"), and Franklin Street Teen Center, Inc. (a not-for-profit corporation organized under Chapter 55A of the North Carolina General Statutes), c/o 179 East Franklin Street, Chapel Hill, North Carolina (the "Center"). Tn consideration of the mutual covenants and conditions set forth- below, the Town and the Center mutually agree as follows:. 1. Lease of Premises: The Town agrees as lessor to lease to the Center, and the Center agrees as lessee to lease from the Town, on the terms set forth herein, approximately 2,400 square feet in the basement of the Post Office%Court Building, 179 East Franklin Street (the "Leased Premises"), as more particularly set forth on the floor plan attached hereto as Attachment A. Said Leased Premises shall be leased to the Center without rent, but subject to the obligations and duties of the Center set forth herein, to undertake and to complete certain renovations or alterations to the Post Office/Court Building and to operate a program for teenagers. 2. Use of Premises: The Leased Premises are leased solely for the purpose of, and on condition that, the Leased Premises be used and employed solely for a Teen Center under the Center's sponsorship and upon the further condition that the Leased Premises be used, and the Teen Center program and non-discriminatory basis; without regard- to sex, race, color, creed, handicap, or national origin. 3. Term of Lease: This lease is effective January 1, 2000, through December 31, 2000, and may be renewed annually upon the approval of the Chapel Hill Town Manager. 4. Termination of Lease: Either party may terminate the lease with or without cause by notifying the other party in writing at least one hundred twenty days prior to the termination date. 5. Duties of the Center: a. The Center shall, at its own expense, provide effective means of prohibiting access from the Leased Premises to z~ ~a , the Post Office and Courtroom areas ~of the building. Such means shall ensure that during hours of operation of the Teen Center, no persons can gain access to said areas of the building. b. The Center shall ensure that the Leased Premises are maintained and operated in a safe and sanitary manner. • The Center shall also be responsible for proper safekeeping and security and repair of the Leased Premises. The Center shall be responsible for any damage or acts of vandalism or breakage beyond normal wear and tear that may occur to the facility as a result of the facility being open and used for Center programs: , c. The Center shall strictly comply with all applicable. statutes, ,ordinances, codes and regulations respecting use and occupancy of the Leased Premises, including any provisions relating to occupancy by a certain number of persons, building code provisions for kitchens, fire regulations, provisions governing food preparation and handling (if any), and the like.. The Center shall take, reasonable precautions to prevent damage to the Leased Premises from fire or other causes, to grevent bodily or personal injury, and to prevent loss from .theft or other causes. d. The Center shall be responsible for all necessary staffing, programming, 'and operations of the Teen Center. The Center agrees to ensure appropriate and prudent supervision by responsible adults at the Leased Premises at all times when the Teen Center is open, including close supervision of the hallways and restroom areas. For the purpose of avoiding disruption °,of court when it is in session, and of the operations of the District Attorney's offices and Post office, use of the Teen Center space shall be limited to court and passive adult activities prior to 3:00 p.m., Monday through Friday. The Center agrees to obtain approval of the Town in advance of hours of .operation and schedules proposed for the Teen Center. e. The Center shall provide regular janitorial service for the Leased Premises at its own expense. Provisions for contract janitorial service shall include workmens' Compensation Insurance, General Liability Insurance and Employee Bonds. The Center shall provide the Town with certificates of insurance which are acceptable to the z~ 6. Town. If possible, additional insured. Duties of the Town: 3 the Town should be named as an a. The Town shall provide, at its own expense, all necessary utilities, including electricity, gas, sewer and water, but not including telephone or cable service. The Town shall provide necessary repairs to said utilities, but the Center shall, at its expense, perform any modifications necessary to adapt the current utilities for. its use. The Center shall be responsible for paying for, any telephone or cable service to-t~he Leased Premises that it may choose to provide. b. The Town shall coordinate the activities and needs of the Post Office/Court Building',s tenants and shall keep all tenants apprised of the status of space in the building and its actual or projected uses. 7. Insurance Provisions: a. Comprehensive General Liability: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability. This shall include premises and operations; independent contractors; products and completed operations and contractual liability. b. The Town is to be included as an additional insured on the comprehensive general liability policy. c. `Current, valid insurance policies, meeting the requirements herein identified, shall be maintained during the duration of the named project. Renewal certificates on an Accord form shall be sent to the Town 30 days prior to any expiration date. There shall also be a 30-day notification to the Town in the event of cancellation or modification of any stipulated insurance coverage. Certificates of insurance on an Accord form, meeting the required insurance provisions, shall be forwarded to the Town. Wording on the certificate which states that no liability shall be imposed upon the company for failure to provide such notice is not acceptable. ~~ ~.J - a d. Hold Harmless Agreement: The Center agrees to defend, indemnify, and hold harmless the Town from all loss, liability, claims or expense (including reasonable attorneys' fees) arising ,from personal or bodily injury, including death or property damage to any person or persons caused a.n whole or in part by the negligence or willful misconduct of the Center except to the extent same are caused by the negligence or misconduct of the Town. 8. Parking: The Town,, by execution of this Lease, does not agree to provide any parking, either on-street or off- street, for the Center or for staff ox patrons of the Center. The Center recognizes and agrees that, so far as is within its power and responsibility hereunder, the loading dock to the Post Office located in the rear of the building shall. remain clear at all times to avoid disruption or delay to mail collection and delivery. 9. Sublease or Assi nment: This Lease Agreement may, not be assigned... or transferred; nor may any of the Leased Premises be sublet, without the prior written approval of the, Town Manager. 10. Alterations, Repairs: The, Town reserves the right to approve any alterations, renovations, modifications or repairs to, or of, the Leased Premises, all of which shall remain in place and become the property of the Town upon expiration or termination of the Lease. 11. Right of Inspection: The Town reserves the xight to enter the Leased Premises and inspect them, or to repair, or maintain them, at reasonable times and upon reasonable notice. Neither this paragraph, nor the Town's exercise of any right hereunder, shall be deemed any form or manner of control over the Leased Premises'by the Town for any purpose whatsoever. 12. Waiver of Subrogation: The Lessor agrees to maintain fire, extended coverage, and vandalism and malicious mischief insurance on the building and on personal property of the Lessor contained therein to the extent of its full .insurance value; the Lessee shall do the same with respect to its praperty located in or on the demised premises; Lessor and Lessee hereby mutually release and discharge each other from all claims or liabilities arising from or caused by fire or other casualty covered by the above insurance on the Leased Premises. or nronerty in, or on, the Leased Premises. z~ 5 13. Notice: Any notice or written communication related to this Lease shall be deemed effective if mailed first class or delivered to: ~ ' a. For the Town: Town Manager 306 North Columbia Street Chapel Hill, NC 27516 b. For the Center: Robert P. Humphreys, President 179 East Franklin Street Chapel Hill,. NC 27514 • 3 c~ IN WITNESS WHEREOF, the parties to this Lease Agreement have duly and validly approved it and caused it to be executed in their behalf by the undersigned autihori~ed agents. FRANKLIN STREET TEEN CENTER; INC. By : l; Pr s ' ~ent ATTEST: /ten/, /l// . ~ h;.,r STATE OF NORTH CAROLINA COUNTY OF ORANGE I, ~•.~ a Notary P lic in and for said County n State,. clo hereby certify that ~ ~ personally appeared before me on behalf of the Franklin Str et Teen Center, Inc. this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the 1999. C71-~ 'day o f a t,C ' d~Q,l.~1.~-ems Not ublic My Commission Expires: ~~' ~+ ~~ 31 TOWN OF CHAPEL HILL Sy: ~ ~~ Town Manager ~ {': ATTEST: %= ~b r~ w ~ ~ ._- ~ STATE OF NORTH CAROLINA COUNTY OF ORANGE THIS IS TO CERTIFY that on this day personally appeared before me Peter Richardson, with whom I am personally acquainted, who being by me duly sworn, says that w. Calvin Horton is the Town Manager of the Town of Chapel Hill and that he, Peter Richardson, is the Town Clerk, a body politic and corporate, described in and which executed the foregoing Agreement; that he knows the common seal of the Town of Chapel Hill; that the seal affixed to said instrument is said common seal; that the name of the Town of Chapel Hill was subscribed thereto by said Town Manager of the Town of Chapel .Hill and said Town Clerk subscribed their names thereto and said common seal was affixed, all by and that said instrument is the act and deed of said Town of Chapel Hill. WITNESS my hand and seal, this the day of ~,99g. Notary Public My Commission Expires: