HomeMy WebLinkAboutAgenda - 02-17-2004-8gORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 17, 2004
Action Agenda
Item No. ~ - G
SUBJECT: Lease Approval: Land for Temporary Alternative School Site
DEPARTMENT: Purchasing and Central PUBLIC HEARING: (Y/N) No
Services
ATTACHMENT(S):
Lease
INFORMATION CONTACT:
Pam Jones, (919) 245-2652
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider leasing land at the southeast corner of Tryon and Hassell Streets in
Hillsborough to the Orange County Board of Education to enable the Board of Education to
locate a modular classroom unit for use as an alternative school,
BACKGROUND: On February 3, 2004, the Board of Commissioners authorized the Orange
County Board of Education (OCBOE) to assume the lease for a modular unit previously leased
by the County for dislocated workers during the Whitted HVAC renovation. The lease between
GE Capital and Orange County has been terminated effective January 31, 2004, and a new
lease with the Orange County Board of Education, effective February 1, 2004, is in process.
The action proposed in this item will lease the land upon which the modular unit is currently
located to the School Board far a period of time not to exceed June 30, 2006.
The Board of Commissioners further approved the following terms, which are contained in the
attached lease:
Leased premises: (site drawing attached to lease)
^ The entire non-gravel portion of the lot upon which the modular unit is
currently situated; and
^ Six spaces in the gravel parking area immediately south of the modular
unit, as agreed upon between County and School staff,
Term of lease: February 1, 2004 through the date of expiration of the Town of
Hillsborough zoning permit or June 30, 2006, whichever occurs first,
Lease Payment: OCBOE shall pay Orange County a sum of $10 for use of the
land far the term of the lease.
• Utilities and Maintenance of Property:
^ OCBOE is responsible for the utilities and any maintenance (including
cleaning) of the modular unit;
^ OGBOE will ensure that the leased land is kept clean and debris free;
^ Orange County will continue to mow grass on the site.
• OCBOE will work directly with GE Capital to effect reconfigurations of the modular
to fit the revised use and will be responsible for resulting costs.
• Insurance:
^ OCBOE will provide liability insurance covering exposures that may be
created by the School's presence on County property, The County of
Orange shall be named as an additional insured.
• Parking:
^ Six parking spaces shall be assigned for use by the teachers and staff of
the OCBOE, Specific location of designated parking shall be agreed upon
between County and School staff. Signage to designate parking, if any,
shall be provided by OCBOE.
^ Student parking is prohibited.
• OCBOE will be responsible far all permits required by the Town of Hillsborough
allowing the continued use of the modular unit.
• OGBOE will provide information to the neighbors of the Whiffed Building to ensure
their understanding of program related issues, duration of program, on-site staff to
contact in case of problems, etc.
• Orange County will be responsible for $5,560 tear down and return costs as
quoted in the October 2002 lease, between Orange County and GE Capital,
Removal costs to GE Capital in excess of $5,560, for whatever purpose, shall be
the responsibility of OCBOE.
• Orange County and OCBOE shall designate an on-site contact person to address
issues that may arise between the operation of the Alternative School and the
Whiffed Human Services Center.
FINANCIAL IMPACT: County receives $10 for the lease of the land. The lease payments of
$1,400 per month cease to be Orange County responsibility effective Febn~ary 1, 2004.
RECOMMENDATION(S): The Manager recommends that the Board:
1. Approve the lease between Orange County and the Orange County Board of Education
far land located under and around the modular unit currently situated at the corner of
Tryon and Hassell Streets in Hillsborough, including six parking spaces; and
2. Authorize the Chair to sign and the Clerk to attest the lease.
NORTH CAROLINA
ORANGE COUNTY
LEASE
This lease agreement, dated the seventeenth day of February 2004, by and between Orange
County, North Carolina, hereinafter called the 'County" and the Orange County Board of
Education, hereinafter called the "School Board",
WITNESSETH:
The County hereby leases to the School Board and the School Board hereby leases from the
County the following described property, hereinafter called the "premises",
PREMISES
Property defined as the "grass covered portion of the lot" located at the southeast corner
of Tryon and Hassell Streets, Hillsborough, North Carolina as shown on the attached
drawing (attachment #1) and six parking spaces in the gravel parking lot immediately
south of the modular unit, all of the property herein referred to as "the premises".
2. TERM OF LEASE
The term shall commence on the first day of Febnaary 2004 and shall end on June 30,
2006, or upon termination of the zoning permit issued for the modular unit situated on the
premises by the Town of Hillsborough, whichever comes first,
3. RENT
In partial consideration for its acquisition of rights to use the Premises during the lease
term, the School Board hereby agrees to pay to the County total rent for the lease term in
the amount of $10, payable at the commencement of this lease, receipt of which the
County acknowledges. The County and the School Board acknowledge their
understanding that although the use of the County's property being provided to the
School Board for its use as the site for a temporary facility from which to operate an
alternative school represents substantial value to the School Board, any payment by the
School Board of a market value rent would represent simply an accounting transaction,
because the School Board's funding is primarily provided through the County.
4, USE OF PREMISES
The School Board shall use the premises far the purpose of locating a modular
classroom unit previously leased by the County from GE Capital for use as a temporary
alternative school site, The property shall be used for no other purpose.
5. PARKING
The School Board shall be assigned six parking spaces in the gravel parking lot area
immediately south of the modular unit. School Board and County staff will collaborate as
may be needed on the exact location of the parking spaces, Signage to designate
parking, if any, shall be provided by the School Board.
Student parking at the premises or on County parking lots associated with the Whiffed
Human Services Center is prohibited,
6. REGULATORY APPROVALS
All regulatory approvals related to the use by the School Board of the modular unit, or
any other permits/approvals that must be obtained in order to use the modular unit on the
premises for an alternative school are the sole responsibility of the School Board.
7. CONTACT INFORMATION FOR NOTICES AND SITE ISSUES
(a,) For the purpose of notice or demand, the respective parties shall be personally
delivered or served by certified or registered mail, return receipt requested, addressed to
County or School Board at their respective office address, as set forth herein:
TO COUNTY: Orange County
Director of Purchasing and Central
Services
PO Box 8181
Hillsborough, NC 27278
TO SCHOOL BOARD: Orange County Board of Education
Superintendent
200 East King Street
Hillsborough, NC 27278
or at such other address as may hereafter be designated in writing by either party hereto.
The time and date on which mail is postmarked shall be the time and date on which such
communication is deemed to have been given,
(b) The School Board shall provide to the Orange County Manager's office the name of
the person designated as site manager for the alternative school, This person is
expected to address issues associated with neighbors of the leased premises, and
operational issues that arise as a result of the alternative school operation at the
premises.
8. QUIET ENJOYMENT
The County agrees that the School Board, upon paying the stipulated rental and keeping
and performing the agreement and covenants herein contained, shall hold and enjoy the
premises for the lease term, subject to the terms of this lease.
9. INSURANCE
(a) Property Damage
The County acknowledges that a modular classroom unit leased from GE Capital will be
located upon the premises, All insurance coverages as may be required by the lease
between GE Capital and the School Board shall be the sole responsibility of the School
Board.
(b) General Liability Insurance
The School Board shall at all times during the term of this lease keep in effect
comprehensive liability insurance in the amount of at least $1,000,000 for any occurrence
resulting in bodily and personal injury to or the death of one person and consequential
damages arising therefrom, and in the amount of at least $1,000,000 for any such
5
occurrence for more than one person. The School Board shall obtain an endorsement to
its comprehensive liability insurance policy naming the County, its Board of County
Commissioners and employees as additional insureds. The School Board shall provide
the County with and maintain current a certificate from its insurance carrier confirming
the contractual liability endorsement required in this paragraph.
10. INDEMNITY
To the extent permitted by law, the School Board shall and hereby agrees to indemnify
and save the County harmless against and from all claims, by or on behalf of any person,
firm, company or other legal entity, arising from the operation or management of the
premises during the lease term, including any arising from (a) any condition of the
premises; or (b) any negligent act of the School Board or any of its agents, contractors or
employees or any violation of law by the School Board or breach of any covenant or
warranty by the School Board under this lease, The School Board shall, upon notice
from the County, defend or pay the cost of defending the County in any action or
proceeding brought in connection with any claims arising out of circumstances described
in (a) or (b) above,
11. REPAIR AND MAINTENANCE
(a) County Responsibilities
1. Mow grass on the premises ,
(b) School Board Responsibilities
1. The School Board shall keep the premises clean and free of debris.
2. Provide and pay for all utilities needed for the premises, except for existing
site lighting of parking lot, which shall remain the responsibility of the County.
3, Provide any and all maintenance required for the modular unit that shall be
located on the leased premises, including water and sewer lines servicing the unit,
12. REMOVAL OF MODULAR UNIT
The School Board shall facilitate the tear down and removal of the modular unit with GE
Capital at the termination of the lease. Orange County will be responsible for $5,560
tear down and return casts as quoted in the October 2002 lease between Orange
County and GE Capital. Removal costs due to GE Capital in excess of $5,560 far
whatever purpose, shall be the responsibility of the School Board.
13. SIGNS
The School Board may provide signage that it deems appropriate to properly direct the
students, staff and public to the services being offered at the premises, All signs
erected by the School Board shall comply with all requirements of public authorities
having jurisdiction with respect thereto,
14. PUBLIC INFORMATION
The School Board agrees to provide sufficient program information to the neighbors of
the leased premises to adequately inform them of the activities that may be expected on
the site and to initiate a process that will ensure that communication with those in the
neighborhood is on-going in order to provide early intervention should issues arise,
15. ENTIRE AGREEMENT
This lease contains the entire agreement between the parties hereto, and no promises,
agreements, conditions or stipulations not contained herein shall be binding upon either
party hereto,
The parties hereto have executed this lease as of the day and year first above written,
County of Orange
By:
Barry .)acobs, Chair
Attest:
Orange County Board of Education
By:
Chair, Orange County Board of Education
Attest:
S. Baker, Clerk to the Board
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
I, , a Notary Public far said County and State, do hereby
certify that personally appeared before me this date and
acknowledged that he/she is the to the Orange County Board of Education, and
that by authority duly given and as the act of the Board of Education, the foregoing instrument
was signed in its name by ,Chair, sealed with its official seal, and
attested by himself/herself as its
Witness my hand and official seal, this the day of , 2004.
Notary Public
My Commission expires:
STATE OF NORTH CAROLINA
ORANGE COUNTY
I, , a Notary Public for said County and State, do hereby
certify that Donna S. Baker 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 , 2004.
Notary Public
My Commission expires:
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Attachment #1. OC Board of Ed lease ~~
WHITTED TEMPORARY OFFICE BUILDING
MODULAR OFFICE SITE PLAN
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