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HomeMy WebLinkAbout2023-229-E-Social Svc-Gateway Village Apartments-outreach program with Gateway communityFixed-Term Residential Lease Clause 1. Identification of Landlord and Tenant This Agreement is entered into between _Orange County____ _ (Tenant) and ___Gateway Village____ (Landlord). Each Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement. Clause 2. Identification of Premises Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and Tenant rents from Landlord, for residential purposes only, the premises located at 100D Lakeside Drive, Hillsborough, NC 27278 (the premises), together with the following furnishings and appliances: __Stove range and refrigerator__________________________________. Rental of the premises also includes _Trash_and grounds_________________________________. Clause 3. Limits on Use and Occupancy The premises are to be used only as a private residence for Tenant(s) listed in Clause 1 of this Agreement, and their minor children. Occupancy by guests for more than ___14 days________________ is prohibited without Landlord’s written consent and will be considered a breach of this Agreement. Clause 4. Term of the Tenancy The term of the rental will begin on 6/1/2023, and end on 5/31/2024 Clause 5. Payment of Rent Regular monthly rent. Tenant will pay to Landlord a monthly rent of $_697.00, payable in advance on the first day of each month, except when that day falls on a weekend or legal holiday, in which case rent is due on the next business day. Rent will be paid in the following manner unless Landlord DocuSign Envelope ID: 4B5EDD7E-FF2C-454D-8C7B-666E1F5FC6AA designates otherwise: _______________________________. Delivery of payment. Rent will be paid: [ X ] by mail, to ____Gateway Village 400 D Lakeside Drive, Hillsborough, NC 27278_ [ X ] in person, at Gateway Village 400 D Lakeside Drive, Hillsborough, NC 27278_ Form of payment. Landlord will accept payment in these forms: [ ] cash [ X ] personal check made payable to ____Gateway Village________________ [ X ] certified funds or money order Prorated first month’s rent. For the period from Tenant’s move-in date ______________, ____, through the end of the month, Tenant will pay to Landlord the prorated monthly rent of $_______. This amount will be paid on or before the date the Tenant moves in. Clause 6. Late Charges If Tenant fails to pay the rent in full before the end of the ___5th____ day after it’s due, Tenant will pay Landlord a late charge as follows: ______$25__Landlord does not waive the right to insist on payment of the rent in full on the date it is due. Clause 7. Returned Check and Other Bank Charges If any check offered by Tenant to Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a “stop payment,” or any other reason, Tenant will pay Landlord a returned check charge of $__35______. Clause 8. Security Deposit Tenant PAID to Landlord the sum of $_681.00_______ as a security deposit at the start of the initial lease term. Tenant may not, without Landlord’s prior written consent, apply this security DocuSign Envelope ID: 4B5EDD7E-FF2C-454D-8C7B-666E1F5FC6AA deposit to the last month’s rent or to any other sum due under this Agreement. Within ___30 days__ after Tenant has vacated the premises, returned keys, and provided Landlord with a forwarding address, Landlord will return the deposit in full or give Tenant an itemized written statement of the reasons for, and the dollar amount of, any of the security deposit retained by the Landlord, along with a check for any deposit balance. [Optional clauses here, if any.] Clause 9. Utilities Tenant will pay all utility charges, except for the following, which will be paid by Landlord: _________Trash_________. Clause 10. Prohibition of Assignment and Subletting Tenants will not sublet any part of the premises or assign this Agreement without the prior written consent of Landlord. [ ] a. Tenants will not sublet or rent any part of the Premises for short-term stays of any duration, including but not limited to vacation rentals. [ ] b. Short-stay rentals are prohibited except as authorized by law. Any short-stay rental is expressly conditioned upon the tenants’ following all regulations, laws, and other requirements as a condition to offering a short-stay rental. Failure to follow all laws, ordinances, regulations, and other requirements, including any registration requirement, will be deemed a material, noncurable breach of this Agreement and will furnish cause for termination. Clause 11. Tenant’s Maintenance Responsibilities Tenant will: (1) keep the premises clean, sanitary, and in good condition and, upon termination of the tenancy, return the premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear; (2) immediately notify Landlord of any defects or dangerous conditions in and about the premises of which Tenant becomes aware; and (3) reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises damaged by Tenant or Tenant’s guests or business invitees through misuse or neglect. DocuSign Envelope ID: 4B5EDD7E-FF2C-454D-8C7B-666E1F5FC6AA Tenant has examined the premises, including appliances, fixtures, carpets, drapes, and paint, and has found them to be in good, safe, and clean condition and repair, except as noted in the Landlord-Tenant Checklist. Clause 12. Repairs and Alterations by Tenant a. Except as provided by law, or as authorized by the prior written consent of Landlord, Tenant will not make any repairs or alterations to the premises, including nailing holes in the walls or painting the rental unit. b. Tenant will not, without Landlord’s prior written consent, alter, rekey, or install any locks to the premises or install or alter any security alarm system. Tenant will provide Landlord with a key or keys capable of unlocking all such rekeyed or new locks as well as instructions on how to disarm any altered or new security alarm system. Clause 13. Prohibition Against Violating Laws and Causing Disturbances Tenant is entitled to quiet enjoyment of the premises. Tenant and guests or invitees will not use the premises or adjacent areas in such a way as to: (1) violate any law or ordinance, including laws prohibiting the use, possession, or sale of illegal drugs; (2) commit waste (severe property damage); or (3) create a nuisance by annoying, disturbing, inconveniencing, or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby resident. Clause 14. Pets No animal may be kept on the premises without Landlord’s prior written consent, except animals needed by tenants who have a disability, as that term is understood by law, and ____________________________________, under the following conditions: ____________________________________. Clause 15. Landlord’s Right to Access Landlord or Landlord’s agents may enter the premises in the event of an emergency, to make repairs or improvements, or to show the premises to prospective buyers or tenants. Landlord may also enter the premises to conduct an annual inspection to check for safety or maintenance problems. Except in cases of emergency, Tenant’s abandonment of the premises, court order, or where it is impractical to do so, Landlord will give Tenant __24 DocuSign Envelope ID: 4B5EDD7E-FF2C-454D-8C7B-666E1F5FC6AA hours_notice before entering. Clause 16. Extended Absences by Tenant Tenant will notify Landlord in advance if Tenant will be away from the premises for 5 days_ or more consecutive days. During such absence, Landlord may enter the premises at times reasonably necessary to maintain the property and inspect for damage and needed repairs. Clause 17. Possession of the Premises a. Tenant’s failure to take possession. If, after signing this Agreement, Tenant fails to take possession of the premises, Tenant will still be responsible for paying rent and complying with all other terms of this Agreement. b. Landlord’s failure to deliver possession. If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord’s control, including, but not limited to, partial or complete destruction of the premises, Tenant will have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord’s liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord. Clause 18. Tenant Rules and Regulations [ ] Tenant acknowledges receipt of, and has read a copy of, tenant rules and regulations, which are attached to and incorporated into this Agreement by this reference. Tenant understands that serious or repeated violations of the rules may be grounds for termination. Landlord may change the rules and regulations without notice. Clause 19. Payment of Court Costs and Attorney Fees in a Lawsuit In any action or legal proceeding to enforce any part of this Agreement, the prevailing party shall not recover reasonable attorney fees and court costs. Clause 20. Disclosures Tenant acknowledges that Landlord has made the following disclosures regarding the premises: DocuSign Envelope ID: 4B5EDD7E-FF2C-454D-8C7B-666E1F5FC6AA [ ] Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards [ ] Other disclosures: _____________________________. Clause 21. Authority to Receive Legal Papers The Landlord, any person managing the premises, and anyone designated by the Landlord are authorized to accept service of process and receive other notices and demands, which may be delivered to: [ ] The Landlord, at the following address: _________________________ [ x ] The manager, at the following address: _ Gateway Village 400 D Lakeside Drive, Hillsborough, NC 27278_ [ ] The following person at the following address: ____________________ Clause 22. Additional Provisions a. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. b. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. c. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have DocuSign Envelope ID: 4B5EDD7E-FF2C-454D-8C7B-666E1F5FC6AA jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. d. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County’s legal authority. e. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. f. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Attention: DSS Director P.O. Box 8181 Hillsborough, NC 27278 Clause 23. Validity of Each Part If any portion of this Agreement is held to be invalid, its invalidity will not affect the validity or enforceability of any other provision of this Agreement. Clause 24. Grounds for Termination of Tenancy DocuSign Envelope ID: 4B5EDD7E-FF2C-454D-8C7B-666E1F5FC6AA The failure of Tenant or Tenant’s guests or invitees to comply with any term of this Agreement, or the misrepresentation of any material fact on Tenant’s rental application, is grounds for termination of the tenancy, with appropriate notice to tenants and procedures as required by law. Tenant may terminate the lease without penalty with 60 days written notice to the Landlord. Clause 25. Entire Agreement This document constitutes the entire Agreement between the parties, and no promises or representations, other than those contained here and those implied by law, have been made by Landlord or Tenant. Any modifications to this Agreement must be in writing, signed by Landlord and Tenant. ______________ _____________________________ _______________________
Date Landlord or Landlord’s Agent Title _______________________________________________________________________
Street Address _____________________________________________ _______________________
City, State, & Zip Phone _______________________
 Email ______________ _____________________________ _______________________
Date Tenant Phone ______________ _____________________________ _______________________
Date Tenant Phone DocuSign Envelope ID: 4B5EDD7E-FF2C-454D-8C7B-666E1F5FC6AA 5/25/2023 9,192,452,300.00 Revised 04/23 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Gateway Village Apartments, LLC Vendor Contact Person: Theresa Higdon Phone: 919-732-6701 Address: 400 D Lakeside Drive City Hillsborough State: NC Zip: 27278 Department: Social Services Amount: $8,364 Purpose: outreach program with Gateway community Budget Code(s): 10400120-630000 Vendor # 67137 Vendor Status with NCSOS: Current-Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 6/1/2023 End Date 5/31/2024 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Nancy Coston Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 4B5EDD7E-FF2C-454D-8C7B-666E1F5FC6AA 5/22/2023 5/24/2023 5/25/2023 5/25/2023