Loading...
HomeMy WebLinkAboutAgenda - 03-06-2002 - 8d 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 6, 2002 Action Agend Item No. SUBJECT: Maple View Farm Soccer Field Lease DEPARTMENT: Purchasing and PUBLIC HEARING: (Y/N) No Recreation and Parks ATTACHMENT(S): INFORMATION CONTACT: Pam Jones, 245-2652 Lease Bob Jones 245-2661 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider approving a lease for the area upon which the field is to be developed. BACKGROUND: An area of approximately 5.897 acres upon which to construct a soccer field at the Maple View Farms was offered to the County by the Nutter Family Partnership. The proposed lease terms are as follows: • Leased premises: 5.897 acres at the Maple View Farm • Term: 10 years, plus two additional 5 year option to renew terms • Lease payment: $1 per year • Improvements to make a suitable playing field shall be entirely at the County's expense. They include, but shall not be limited to the following: • Site grading and planting • Irrigation system construction • Well to support the irrigation system • Means of ingress/egress • Parking • Appropriate buffering as may be required by the Planning Department • Toilet facilities shall be provided through the use of temporary toilet units. Cost of service shall be at the County's expense. • Taxes rshall be paid by the County annually. Since the property will not perk, it is eligible for 85% reduction in taxes. Thereby making the County's payment less than $100 per year for the site. FINANCIAL IMPACT: Total cost of this action, if approved by the Board, would be as follows: o $1 per year for a lease for 5.897 acres at the Maple View Farm RECOMMENDATION(S): The Manager recommends that the Board take the following action: • Approve a lease with the Nutter Family Limited Partnership III for 5.897 acres at the Maple View Farm upon which to develop a soccer field. Terms and conditions of the lease shall be substantially those presented in the attached lease, however, subject to Attorney and Staff review; • Authorize the Chair to sign on behalf of the Board. z NORTH CAROLINA DRAFT ORANGE COUNTY LEASE AGREEMENT This lease agreement entered into this 6th day of March, 2002, by and between the Nutter Family Limited Partnership III, 3111 Dairy Land Road, Hillsborough, NC, Orange County, North Carolina, hereinafter referred to as "Owner" and the County of Orange, North Carolina, Hillsborough, North Carolina, a body politic and corporate pursuant to North Carolina General Statutes 153A-11, PO Box 8181, Hillsborough, North Carolina, hereinafter referred to as "County", WITNESSETH: The Owner hereby agrees to lease the property described below to the County for the purpose of developing a soccer field for public play upon the following terms and conditions: 1. The Property. The property herein leased is a tract and parcel of land, together with all improvements located thereon, being all of Parcel B as shown on the plat entitled "Final Plat Subdivision for Maple View Farm Soccer Field—Orange County Lease", dated August 7, 2001, last revised November 9, 2001, as drawn by James H. Holland, Jr., P.L.S. of Holland Land Surveying, and recorded in Plat Book 89, Page 59, Orange County Registry, hereinafter referred to as "Premises", attached as Exhibit A. 2. Term. This Lease shall commence on the 6th day of March 2002 and unless sooner terminated as herein provided shall exist and continue for a term of ten (10) years. 3. Rental. The rental for the use of said premises shall be the sum of one dollar($1) per year, payable on or before each anniversary date of this lease. 4. Acceptance and Use of Premises. County agrees to accept the premises as they now exist with no obligation on the part of Owner to make any improvements thereto, and agrees during the term of the lease not to make any unlawful use of the premises, and to use the premises only for public purposes authorized by law. Any and all improvements contemplated and/or undertaken by County pursuant to this Lease shall be at the sole expense of County without reimbursement or contribution by Owner. 5. Taxes. County agrees and covenants to reimburse Owner for any ad valorem or property taxes, assessments, or public charges on the premises, and on any improvements located on said premises. The reimbursement shall be made within a reasonable time after Owner presents County a copy of paid bills or other suitable documentation. 6. Operation. The property hereby leased shall be operated by County entirely free of control and direction of Owner, subject to the conditions herein contained. The relationship herein created is strictly the relationship of landlord and tenant, it being understood that the parties are not principal and agent. 7. Nuisances. County agrees not to commit or permit any nuisance on the property hereby leased. County further agrees throughout the term of this Lease Agreement, at its own expense, to promptly comply with the lawful requirements of every applicable statute, law, ordinance, regulation or order by any federal, state, county municipal or other public body, department, commission, bureau or officer with respect to the use and occupancy of the premises. Provided, however, County may, at its own expense, contest the 3 validity of any statute, law, ordinance, regulation or order. Any noncompliance of such statute, law ordinance, regulation or order by County during such contest, provided such contest shall be diligently pursued, shall not be deemed a default under this lease provided that County shall comply with any final order or judgment of any Court of jurisdiction unless stayed during appeal thereof. 8. Assignability. County shall not assign, sublet or license the leased premises without the prior written consent of the Owner, which consent shall not be unreasonably withheld. County shall not assign, sublet, or license subject property for purposes other than for specific use as a public soccer field. 9. Screening. Landscaping. Buffers and Setbacks. County agrees to leave or provide natural screening, landscaping and buffers all as required by the Orange County Zoning Ordinance and Sub-division Regulations. Further, County shall comply with setback requirements as stated in the Declaration of Development Restrictions and Requirements, recorded concurrently with Maple View Farm Soccer Field (Orange County Lease) Subdivision in the Orange County Registry, Book 2443 Page 594, attached as Exhibit B. 10. Improvements. Subject to such approvals as may be required by the state, county, municipal or other public body, County shall have the right and option to construct, or cause to be constructed on said premises, such structures or other improvements as it deems appropriate for carrying out the permitted uses of the property, and to remove or replace any or all of said structures during the term of this lease or any renewal thereof, and any and all said improvements shall be and remain the property of the County. During the term of this lease or any renewals thereof, in making said improvements, County shall have the right to clear, grade or fill any part of the demised premises necessary to render said area usable for County purposes and operations. Provided, however, no part of the premises may be used for disposal of wastes of any kind. At the expiration or termination of this lease or any renewals thereof, Owner may require County to remove at County's expense and within a reasonable time, any improvements constructed on the premises by County, and grade to ground level. Any improvements not removed at the request of the Owner shall become the property of and owned by the Owner. County further agrees it will, at the expiration or termination of this lease or any renewals thereof, surrender the leased premises in good condition, damage by the elements, fire or other casualty excepted. This agreement specifically includes cleaning up the premises of any debris, trash, building scraps, etc., in addition to any other restorations, repairs or work necessary. 11. Breach of Agreement. In the event County should breach any of the covenants or conditions set forth herein, then and in that event, upon 45 days written notice by Owner, specifying said failure or default, and in the event said failure or default has not been remedied within said 45 day period, Owner, at its election, may terminate this lease. 4 12. Notices. 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 pre-paid and addressed as follows: For the Owner: Nutter Family Limited Partnership III Attn: Robert Nutter 3111 Dairy Land Road Hillsborough, NC 27278 For the County: County of Orange, North Carolina Attn: Director of Purchasing and Central Services PO Box 8181 Hillsborough, NC 27278 Nothing herein contained shall preclude the giving of such written notice by personal service. The address to which notices shall be mailed by either party may be changed by written notice given to such other party by the other as hereinbefore provided. 13. Strict Performance. The failure of either party to insist in any instance upon strict performance of any of the terms and conditions of the Agreement shall not be construed as a waiver of the right to insist upon strict performance in any other instance. No modification of any provision of this lease and, in the absence of a breach of the Agreement, no cancellation or surrender of the premises in this lease during the term of this lease shall be valid unless in writing and signed and agreed to by both parties. 14. Acceptance by Lessee. By accepting this Lease, County agrees to be bound by all of its terms and conditions. 5 IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year first above written. Owner: BY: Nutter Family Limited Partnership III, By Robert Nutter, a partner Orange County: poAF1 BY: Barry Jacobs, Chair Orange County Board of Commissioners Attest: Beverly A. Blythe Clerk to the Board This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth Chavious, County Finance Director 6 NORTH CAROLINA ORANGE COUNTY I, , Notary Public for said County and State, certify that Robert Nutter, a partner in Nutter Family Limited Partnership, III, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the partnership. Witness my hand and official seal, this the day of , 2002. Notary Public My commission expires: STATE OF NORTH CAROLINA ORANGE COUNTY I, , a Notary Public for said County and State, do hereby certify that Beverly A. Blythe personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Barry Jacobs, Chair, sealed with its official seal, and attested by herself as its Clerk. Witness my hand and official seal, this the day of , 2002. Notary Public My Commission expires: