HomeMy WebLinkAboutAgenda - 09-02-2021; 8-j - North Carolina Forest Service Lease of a Portion of the Orange County Bonnie B Davis Environmental and Agricultural Center (EAC) 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 2, 2021
Action Agenda
Item No. 8-j
SUBJECT: North Carolina Forest Service Lease of a Portion of the Orange County Bonnie
B. Davis Environmental and Agricultural Center (EAC)
DEPARTMENT: Asset Management Services
ATTACHMENT(S): INFORMATION CONTACT:
1.) Floor Plan of EAC Steve Arndt, 919-245-2658
2.) Lease and Exhibits Alan Dorman, 919-245-2627
3.) Resolution
PURPOSE: To:
1.) review the lease for a portion of the Orange County Bonnie B. Davis Environmental
and Agricultural Center to the North Carolina Forest Service;
2.) adopt the attached resolution approving the lease; and
3.) authorize the Manager to sign the lease upon final review by the County Attorney.
BACKGROUND: The North Carolina Forest Service is mandated and directed by Chapters 77,
106 and 143 of the North Carolina General Statutes and by Title 2, Chapter 60 of the North
Carolina Administrative Code to protect, manage and develop the forest resources of the state.
In that capacity the Service partners with the Deparment of Environment, Agriculture, Parks &
Recreation to serve the residents of Orange County
In the process of designing and building the new Orange County Bonnie B. Davis Environmental
and Agricultural Center("EAC") at 1270 US Hwy 70 in Hillsborough, the architectural firm selected
by the County to design the EAC (HH Architecture) worked closely with the Forest Service staff
to design offices that would meet its needs.
The North Carolina Forest Service will occupy a small suite within the Bonnie B. Davis EAC
comprised of 711 square feet. The floor plan is provided at Attachment 1. Additionally, the lease
includes access to the shared breakroom and other common areas. The total rentable office
space included in the lease is 837 square feet. The proposed lease term is for three years at an
annual rate of$9,600 with two one-year renewal options.
FINANCIAL IMPACT: The annual lease revenue will be $9,600. The lease requires the County
to provide maintenance, utilities, and custodial services, which were included in the FY 2021-22
Budget. However, as the County is responsible for paying 40% of the operating cost of the Forest
Service, the cost to the County will increase by $3,840. The net increase in revenue to the County
will be $5,760.
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SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item:
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board:
1.) review the lease for a portion of the Orange County Bonnie B. Davis Environmental
and Agricultural Center to the North Carolina Forest Service;
2.) adopt and authorize the Chair to sign the attached resolution approving the lease; and
3.) authorize the Manager to sign the lease upon final review by the County Attorney.
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KEY }}
TOTAL BUILDING SQUARE FOOTAGE: AL`aChment
17,247 GSF
FOREST SERVICE SUITE:
711 GSF
DIRECTOR'S OFFICE OFFICE OFFICE OFFICE OFFICE OFFICES
COMMON SPACES: of OFFICE 9 OFFICE 10 OFFICE2
3,074 GSF OFFICE
CORR.
PRINTICOPY
OFFICE 7 :0.FFICE 1
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FFICE--
OFFICE6 STORAGE STORAGE 1 2 PRINTIPLOT MEETING ROOM
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51/4" 1B'-6" 13'-0" 13'-0" 12'-6" 12'-5"
12'-7 5/8"15'-10 3/4" 51/4" 51/4" 51/4" 51/4"
5 1/4" 5 1/4"
ORANGE COUNTY NORTHERN CAMPUS
ENVIRONMENT AND AGRICULTURAL CENTER
ORANGE COUNTY
HH PROJECT#15-082
FOREST SERVICE OFFICE AREAS
1/16"=r-o" �1� FLOOR PLAN- FOREST SERVICE OFFICE AREAS
A000A000 1/16"=V-0"
06/03/21
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Attachment 2
STATE OF NORTH CAROLINA
LEASE AGREEMENT
COUNTY OF ORANGE
THIS LEASE AGREEMENT (hereinafter "Lease"), made and entered into as of the
last date set forth in the notary acknowledgements below by and between, ORANGE
COUNTY,hereinafter designated as Lessor, and the STATE OF NORTH CAROLINA through
the North Carolina Department of Agriculture & Consumer Services hereinafter designated as
Lessee;
WITNESSETH:
THAT WHEREAS, authority to approve and execute this lease agreement was delegated
to the Department of Administration by resolution adopted by the Governor and Council of State
on the 1st day of September, 1981; and as amended on September 8, 1999 and December 7th, 1999,
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 the Town/City of Orange,County of Orange,North
Carolina, more particularly described as follows:
Being approximately:
(DEPARTMENT OF AGRICULTURE)
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 15th
day of September, 2021, or as soon thereafter as the leased premises are ceded to the Lessee and
terminating on the 31st day of August,2024 with two (2) one(1)year renewal options through
June 30, 2026.
2. During the term of the lease, the Lessee shall pay to the Lessor as rental for said
premises the sum of Nine Thousand Six Hundred Dollars ($9,600)per annum, which sum shall
be paid in equal monthly installments of Eight Hundred and no/100 Dollars ($800.00). 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 fifteen (15) days prior to the due date.
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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.
b. Lessor to provide required fire extinguishers and servicing, pest control, and outside trash
disposal including provisions for the handling of recyclable items such as aluminum cans,
cardboard and paper. Maintenance of lawns, parking areas (including snow removal) and
common areas is required.
c. Parking
d. 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.
e. All stormwater fees.
f. Any fire or safety inspection fees.
g. Daily janitorial service and supplies.
h. All utilities, including intemet and telephone services.
i. All land transfer tax/fees imposed by the County or City in which the space is located.
j. The number of keys to be provided to Lessee for each lockset shall be reasonably
determined by Lessee prior to occupancy and said keys shall be furnished by Lessor to
Lessee at no cost to Lessee.
k. All other terms and conditions of the signed "Proposal to Lease to the State of North
Carolina"Form PO-28 and"Specifications for Non-advertised Lease."
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
deduct the amount thereof from the rent that may then be thereafter become due hereunder. 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.
File# Page 2 of 6
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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, this
lease shall immediately terminate and the rent shall be apportioned to the time of the damage. In
case 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, there shall be an apportionment of the rent
until the damage has been repaired. During such period of repair, Lessee shall have the right to
obtain similar office space at the expense of Lessee or the Lessee may terminate the lease by giving
fifteen(15) days written notice to the Lessor.
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.
11. The failure of either parry 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 parry shall give not less than sixty(60) days
written notice to terminate the tenancy.
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 funds 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 rents are 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.
File# Page 3 of 6
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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
the Lessee at North Carolina Department of
Agriculture & Consumer Services: Property and Construction Department
Attn:Real Property Agent and Attn: Property Manager/Incident Business Advisor,
1616 Mail Service Center, Raleigh, North Carolina 27699-1616. Nothing herein
contained shall preclude the giving of such notice by personal service. The address to
which notices shall be mailed as aforesaid to either party may be changed by written
notice.
15. Lessee shall not assign this lease or sublet any part of the Leased Premises without the
written consent ofthe Lessor.
16. Lessor agrees that the Lessee's decision to self insure satisfies all insurance requirements
ofthis lease applicable to the Lessee.
17. The State of North Carolina is an immune sovereign and is not ordinarily subject to suit.
However, the State has enacted the North Carolina Tort Claims Act,pursuant to which
the State may be liable for the torts of its officers and employees, within the terms of the
Act. Accordingly,the Lessee will be primarily liable for any claims within the coverage of
the Tort Claims Act.
18. 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.
19.N.C.G.S. § 147-86.59 Certification of Eligibility under the Iran Divestment Act is attached
hereto as Exhibit B and shall be executed as a part of this lease agreement for all persons
and parties seeking to do business with the State.
File# Page 4 of 6
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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)
Andrew Meier
Director
NCDA&CS Property & Construction Division
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, , A Notary Public in and for the County and
State aforesaid, do hereby certify that Andrew Meier personally came before me this day and
acknowledged the due execution by him of the foregoing instrument as Director of Property and
Construction Division for the North Carolina Department of Agriculture and Consumer Services,
in accordance with the authority vested in him and for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal this the
day of , 20
Notary Public
Printed Name:
My Commission expires
File# Page 5 of 6
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LESSOR:
By: (SEAL)
Signature
Print Name and Title
STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the County and State
aforesaid, do hereby certify that Manager of
personally came before me this day and acknowledge
the due execution of the foregoing instrument on behalf of the company.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal this the
day of , 20
Notary Public
Printed Name:
My Commission expires
File# Page 6 of 6
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RES-2021-053 Attachment 3
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION LEASING PROPERTY FOR 3 YEARS
Whereas, Orange County owns the Orange County Bonnie B. Davis Environmental and
Agricultural Center, located at 1020 US 70 West, Hillsborough, NC comprising
approximately 17,247 square feet; and
Whereas, the North Carolina Forest Service desires to lease a portion of the facility
equaling 837 square feet; and
Whereas, the North Carolina Forest Service is mandated and directed by Chapters 77,
106 and 143 of the North Carolina General Statutes and by Title 2, Chapter 60 of the
North Carolina Administrative Code to protect, manage and develop the forest resources
of the state; and
Whereas, North Carolina General Statute 160A-274 authorizes the lease or sale of
county-owned property to another governmental unit with or without consideration, and
Whereas, the North Carolina Forest Service desires to lease the a portion of the Bonnie
B. Davis Environmental and Agricultural Center for a term of five (3) years, with two (2)
one-year options for renewal, beginning September 15, 2021 and ending on August 31,
2024 for an annual rent of $9,600; and
Whereas, in consideration of the valuable services provided to the residents of Orange
County by the North Carolina Forest Service, the Board of Orange County
Commissioners desires to lease an 837 square foot portion of the Bonnie B. Davis
Environmental and Agricultural Center to the North Carolina Forest Service, and the
Board of Commissioners is convened at a regular meeting;
NOW THEREFORE BE IT RESOLVED that the Board of Orange County Commissioners
hereby approves the lease of an 837 square foot portion of the Orange County Bonnie B.
Davis Environmental and Agricultural Center for a term of three years, with two (2) one-
year renewal options, at an annual rate of $9,600, ratifies the signed lease, and directs
the execution, registration and filing of all necessary instruments accordingly.
This the 2nd Day of September 2021.
Renee Price, Chair
Orange County Board of Commissioners