HomeMy WebLinkAboutOTHER-2021-029 (Not fully executed) Lease Agreement for 110 E. King Street THIS LEASE DOES NOT BECOME EFFECTIVE UNTIL EXECUTED
BY THE NORTH CAROLINA DEPARTMENT OF CORRECTION
STATE OF NORTH CAROLINA
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this the 30th day of
June , 2021 , by and between COUNTY of ORANGE , hereinafter designated as
Lessor, and the STATE OF NORTH CAROLINA, hereinafter designated as Lessee ;
WITNESSETH .
WHEREAS , authority to approve and execute this lease agreement was delegated
to the Department of Administration by resolution adopted by the Govenor and Council
of State on the lst day of September, 1981 ; and
WHEREAS , the Department of Administration has delegated to this State agency
the authority to execute this lease agreement by a memorandum dated the 17th day of
April , 1985 , and
WHEREAS , the Department of Administration has delegated to this State agency
the authority to execute this lease agreement by a memorandum dated the 18th day of
January, 2017 ; and
WHEREAS , the parties hereto have mutually agreed to the terms of this lease
agreement as hereinafter set out,
NOW THEREFORE , in consideration of the rental hereinafter agreed to be paid
and the terms and conditions hereinafter set forth, Lessor does hereby let and lease unto
Lessee and Lessee hereby takes and leases from Lessor for and during the period of time
and subject to the terms and conditions hereinafter set out certain space in (See Below)
County of Orange , North Carolina, more particularly described as follows .
Being +/- 5 , 637 net square feet of office space located at 110 E . King Street,
Hillsborough , Orange County, North Carolina.
(DEPARTMENT OF PUBLIC SAFETY-Probation and Parole)
THE TERMS AND CONDITIONS OF THIS LEASE AGREEMENT ARE AS
FOLLOWS .
1 . The term of this lease shall be for a period of three (3 ), years
commencing on the I ' t day of June , 2021 or as soon thereafter as the leased premises are
ceded to the Lessee and terminating on the 311t day of May, 2024 ,
2 . The Lessee shall pay to the Lessor as rental for said premises the sum of $ 1 . 00 Dollars
per term to be payable within five ( 5 ) days from receipt of invoice in triplicate .
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The Lessee agrees to pay the aforesaid rental to Lessor at the address specified,
or, to such other address as the Lessor may designate by a notice in writing at least 15
days prior to the due date .
3 . Lessor agrees to furnish to the Lessee , as a part of the consideration for this
lease, the following services and utilities to the satisfaction of the Lessee .
A Heating facilities , air conditioning facilities , adequate electrical
facilities , adequate lighting fixtures and sockets , hot and . cold water
facilities , and adequate toilet facilities .
Be Janitorial services and supplies including maintenance of lawns , parking
areas , common areas and disposal of trash .
C . All utilities except telephone .
D . Parking as available .
E . The lessor covenants that the leased premises are generally accessible to
persons with disabilities . This shall include access into the premises from
the parking areas (where applicable) , into the premises via any common
areas of the building and access to an accessible restroom .
4 . During the lease term, the Lessor shall keep the leased premises in good repair
and tenantable condition, to the end that all facilities are kept in an operative condition .
Maintenance shall include , but is not limited to furnishing and replacing electrical light
fixture ballasts , air conditioning and ventilating equipment filter pads , if applicable , and
broken glass . In case Lessor shall , after notice in writing from the Lessee in regard to a
specified condition, fail, refuse , or neglect to correct said condition, or in the event of an
emergency constituting a hazard to the health or safety of the Lessee ' s employees ,
property, or invitees , it shall then be lawful for the Lessee in addition to any other remedy
the Lessee may have to make such repair at its own cost and to invoice the amount
thereof to the Lessor for reimbursement . The Lessor reserves the right to enter and
inspect the leased premises , at reasonable times , and to make necessary repairs to the
premises .
5 . It is understood and agreed that Lessor shall , at the beginning of said lease
term as hereinabove set forth, have the leased premises in a condition satisfactory to
Lessee , including repairs , painting, partitioning, remodeling, plumbing and electrical
wiring suitable for the purposes for which the leased premises will be used by Lessee .
6 . The Lessee shall have the right during the existence of this lease , with the
Lessor 's prior consent, to make alterations , attach fixtures and equipment, and erect
additions , structures or signs in or upon the leased premises . Such fixtures , additions ,
structures or signs so placed in or upon or attached to the leased premises under this lease
or any prior lease of which this lease is an extension or renewal shall be and remain the
property of the Lessee and may be removed therefrom by the Lessee prior to the
termination of this lease or any renewal or extension thereof, or within a reasonable time
thereafter . The Lessee shall have no duty to remove any improvement or fixture placed
by it on the premises or to restore any portion of the premises altered by it . In the event
Lessee elects to remove his improvements or fixtures and such removal causes damage or
injury to the demised premises , Lessee will repair only to the extent of any such damage
or injury .
7 . If the said premises be destroyed by fire or other casualty without fault of the
Lessee , or of partial destruction or damage by fire or other casualty without fault of the
Lessee, so as to render the premises untenantable in whole or in part, and during such
period of repair, if the Lessor can not provide suitable office space, the Lessee shall have
the right to obtain similar office space at the expense of Lessee with reimbursement from
the County .
8 . Lessor shall be liable to Lessee for any loss or damages suffered by Lessee
which are a direct result of the failure of Lessor to perform an act required by this lease,
and provided that Lessor could reasonably have complied with said requirement .
9 . Upon termination of this lease , the Lessee will peaceably surrender the leased
premises in as good order and condition as when received, reasonable use and wear and
damage by fire , war, riots , insurrection, public calamity, by the elements , by act of God,
or by circumstances over which Lessee had no control or for which Lessor is responsible
pursuant to this lease , excepted .
10 . The Lessor agrees that the Lessee , upon keeping and performing the
covenants and agreements herein contained, shall at all times during the existence of this
lease peaceably and quietly have , hold, and enjoy the leased premises free from the
adverse claims of any person .
c.
11 . The failure of either party to insist in any instance upon strict performance of
any of the terms and conditions herein set forth shall not be construed as a waiver of the
same in any other instance . No modification of any provision hereof and no cancellation
or surrender thereof shall be valid unless in writing and signed and agreed to by both
parties .
12 . Any hold over after the expiration of the said term or any extension thereof,
shall be construed to be a tenancy from month to month, and shall otherwise be on the
terms and conditions herein specified, so far as applicable ; however, either party shall
give not less than 60 days written notice to terminate the tenancy, j
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13 . The parties to this lease agree and understand that the continuation of this
lease agreement for the term period set forth herein, or any extension or renewal thereof,
is dependent upon and subject to the appropriation, allocation or availability of fiinds for
this purpose to the agency of the Lessee responsible for payment of said rental . The
parties to this lease also agree that in the event the agency of the Lessee or that body
responsible for the appropriations of said funds , in its sole discretion, determines , in view
of its total local office operations that available funding for the payment of rent is
insufficient to continue the operation of its local offices on the premise leased herein, it
may choose to terminate the lease agreement set forth herein by giving Lessor written
notice of said termination, and the lease agreement shall terminate immediately without
any further liability to Lessee .
14 . All notices herein provided to be given, or which may be given by either
party to the other, shall be deemed to have been fully given when made in writing and
deposited in the United States mail, certified and postage prepaid and addressed as
follows : To the Lessor at P . O . Box 8181 , Hillsborough , North Carolina 27278 and the
Lessee at 3030 Hammond Business Place , 4227 Mail Service Center, Raleigh , North
Carolina 276034227 . Nothing herein contained shall preclude the giving of such notice
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by personal service . The address to which notices shall be mailed as aforesaid to either
party may be changed by written notice .
"N . C . G . S . § 133 - 32 and Executive Order 24 prohibit the offer to , or acceptance by, any
State Employee of any gift from anyone with a contract with the State , or from any
person seeking to do business with the State . By execution of any response in this
procurement, you attest, for your entire organization and its employees or agents , that you
are not aware that any such gift has been offered, accepted, or promised by any
employees of your organization . "
[Remainder of page intentionally left blank ; signatures on following pages ]
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IN TESTIMONY WHEREOF , this lease has been executed by the parties hereto , in
duplicate originals , as of the date first above written .
LESSEE :
STATE OF NORTH CAROLINA
By : ( SEAL)
Joanne Rowland, Director
DPS -Purchase and Logistics Office
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LESSOR :
( SEAL)
The County of Orange
Bonnie B . Hammersley, County Manager
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ATTEST :
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Secretary
CORPORATE SEAL
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STATE OF NORTH CAROLINA
COUNTY OF �(
I, La Notary Public in and for the
Countyand State aforesaid do hereby certify that Bonnie B . Hammersle personally
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came before me this day and acknowledged that s/he is the County Manager , and that by
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authority and given as an act of Orange County and acknowledged the due execution of
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the foregoing instrument in its name .
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WITNESS m hand and Notarial Seal this the 1� I day of
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2021 .
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My Commission Expires $ ~''•• •• •••''•••� �
STATE OF NORTH CAROLINA
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COUNTY OF
I, Wanda B . Hicks , a Notary Public in and for the County of Johnston and State
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aforesaid, do hereby certify that Joanne Rowland, personally appeared before me this
date and acknowledged the due execution by her of the foregoing instrument as Director
of Purchasing and Logistics of the Department of Public Safety of the State of North
Carolina, for the purposes therein expressed .
WITNESS my hand and Notarial Seal , this the day of
2021 .
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Notary Public
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My commission expires August 19 , 2024
ORANGE COUNTY-DEPARTMENT USE ONLY
Party/Vendor Name : State of North Carolina Parry/Vendor Contact Person: Joanne Rowland Contact Phone .
Party/Vendor Address : 110 East Kig Street City Hillsborough State . NC Zip : 27278 Department : AMS Amount : $ 1
Per Term Purpose :- 110 East King St, Lease Agreement Budget Code (s) : Vendor # (N/A if new vendor)
Vendor is a BOCC consultant? Yes ® No ❑ Contract Type : (Check one) New ® Renewal ❑ Amendment ❑
Effective Date Approved by Board Yes ® No ❑ Agenda Date : 06/ 15/2021
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on
this project has not been initiated prior to execution of the agreement :
Department Director ' s SignatureAA G . Date : " 3Q a
Agreements for emergency services or repair are not subject to the above affirmation. If services related to thi ffi s
agreement have already begun or been completed please briefly describe the nature of the emergency condition that was
addressed:
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is
approved as to information technology content and specifications : j
Office of the Chief Information Officer Date :
Risk Management
This agreement is approved for sufficiency of insurance standards , specifications , and requirements :
Office of the Risk Management Officer Date :
Financlajl Services
� y
This instrument has been pre- audited in the ma r re ire d y the Local Government Budget d fiscal Control Act :
Office of the Chief Financial Officer Date :
Legal Services
This agreement is approved as to legal form and suff y :
Office of the County Attorney Date : /
Clerk to the Board
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Received for record retention :
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync . gov
The following signature block is for h opies only and is not required for Docusign contracts
Office of the Clerk to the Boar Date
Revised 07/20 4