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HomeMy WebLinkAboutAgenda - 04-20-2004-5hORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 20, 2004 Action Agenda Item No. ~ ~- SUBJECT: Lease Renewal -Bradshaw Quarry Road Solid Waste Convenience Center DEPARTMENT: Public Works PUBLIC HEARING: (Y!N) No ATTACHMENT(S): Lease Renewal Agreement Table -Solid Waste Convenience Centers INFORMATION CONTACT: Wilbert McAdoo, ext, 2625 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider the renewal of the lease for the Solid Waste Convenience Center located on Bradshaw Quarry Road. BACKGROUND: The Bradshaw Quarry Road Solid Waste Convenience Center site is located on a one-acre parcel awned by Dr, James C, Thompson and Betty A. Thompson. The initial lease agreement was executed in 1989, with renewals every five years, Since 1999, the County has leased this property for $2,400 per year ($200 per month). The County's approach to collecting solid waste in unincorporated Orange County at six staffed Solid Waste Convenience Centers will continue for the near future (two of these sites are on County-owned property, and four are leased sites), Therefore, staff recommends the continuation of a five-year lease renewal period for this convenience center site, In the event that an alternative manner of solid waste collection is identified before the end of the lease period, the lease agreement includes a clause that permits either party to terminate the lease with 90 days notice, The property owner has agreed upon a lease renewal cost of $3,600 per year ($300 per month), a $1,200 annual increase, The lease amount is comparable to the other solid waste convenience centers' lease terms, which vary somewhat depending on site size, lease renewal date, etc. For example, the most recent convenience center lease renewal approved by the BOCC took effect for the one-acre Walnut Grave Church Road site on July 1, 2003, fora 5-year renewal period at $300 per month. A table reflecting data about all four leased convenience center sites is attached. FINANCIAL IMPACT: The monthly rent would be increased by $100 for the five-year renewal term, If the BOCC approves the lease renewal, funding for the required lease payments will be incorporated into the Public Works Department's FY 2004-2005 operating budget. RECOMMENDATION(S): The Manager recommends that the Board approve the lease renewal for the period of July 1, 2004 through June 30, 2009 at a cost of $300 per month, and authorize the Chair to sign on behalf of the Board. NORTH CAROLINA COUNTY OF ORANGE LEASE AGREEMENT RENEWAL WHEREAS, a ]ease agreement (hereafter referred to as "the Agreement") was made and entered into on or about the 5th day of June 1989 by and between Orange County (hereinafter referred to as "L.essee") and Dr. James C. Thompson and Betty A. Thompson (hereinafter referred to as "Lessor") for property on Walnut Grove Church Road to be used as a solid waste collection site. The Agreement was recorded at Book 802, Page 438 of the Orange County Registry. The Agreement was renewed as amended by a renewal agreement recorded at Book 2006, Page 488 of the Orange County Registry (hereafter referred to as "First Renewal Agreement"). WLIEREAS, the Lessee and the Lessor wish to renew the Agreement as hereby amended in this Lease Agreement Renewal; NOW THEREFORE, the Lessee and the Lessor mutually agree to the following: The following shall be added as a new paragraph after the last sentence of the last paragraph of Section 2, "The Lease", of the Agreement as amended by the First Renewal Agreement "Notwithstanding the provisions of the preceding paragraph of this lease which shall apply only the previous renewal term of this lease, the lease will automatically renew for a period commencing .July 1, 2004 and terminating .June 30, 2009 (hereafter " 2"~ Renewal Period). Lessor or Lessee, however, may terminate this lease during the 2"~ Renewal Period upon giving ninety (90) days written notice to the other,. Lessee shall pay Lessor rent during the 2"d Renewal Period in the amount of Three Hundred ($300) Dollars per month for each and every month of the term of the 2"d Renewal Period of this lease, payable on or before the first day of each month of the term of the 2"~ Renewal Period." 2 All other terms and conditions of the Agreement and First Renewal Agreement shall remain the same, This agreed to the _ day of , 2004. Owner: Dr. .James C. Thompson County of Orange Bv: Barry Jacobs, Chair Board of County Commissioners Attest: Betty A. Thompson Donna Baker, Clerk to the Board 4 NORTH CAROLINA WAKE COUNTY I, Nancy Foster Finnell, a Notary Public of said State and County do hereby certify that Dr lames C. Thompson and Betty A. Thompson personally appeared before me this day and acknowledged the due execution of the foregoing Lease. Witness by hand and official seal, this the _ day of _, 2004.. My Commission Expires: April _, 2008 Nancy Foster Finnell, Notary Public NORTH CAROLINA COUNTY I, a Notary Public of said State and County, certify that Donna Baker personally came before me this day and aelmowledged that she is Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness by hand and official seal, this the _ day of , 2004. My Commission Expires: Notazy Public 0 0 0 m J Q F 0 H ~r n/ W z w U W U Z W_ Z W Z O U W f- Q 'S J m c c Q U l0 N (0 E 0 s F -.~~