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HomeMy WebLinkAbout2024-400-E-Social Svc-Gateway Village Apartments-outreach program with Gateway communityNorth Carolina Lease Agreement This Lease Agreement (the "Agreement") is made and entered on June 01, 2024 (the "Effective Date") by and between Gateway Village (the "Landlord") and the following tenants: Orange County DSS (the "Tenant") Subject to the terms and conditions stated below the parties agree as follows: 1.Property. Landlord, in consideration of the lease payments provided in this Agreement, leases to Tenant a apartment with 2 bedrooms and I bathrooms, located at 400 Lakeside Dr Apt D, Hillsborough, North Carolina 27278 (the "Property"). No other portion of the building wherein the Property is located is included unless expressly provided for in this Agreement. 2.Term. This Agreement will begin on June 01, 2024 (the "Start Date") and will terminate on April 30, 2025 (the "Termination Date"), and thereafter will be month-to-month on the same terms and conditions as stated herein, save any changes made pursuant to law, until terminated. Tenant will vacate the Property upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy will be created which either party may terminate by Tenant giving Landlord written notice of at least 30 days prior to the desired termination date, or by Landlord giving Tenant written notice as provided by law. Rent will be at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms and conditions of this Agreement will remain in full force and effect. 3.Management. The Tenant is hereby notified that Barr Residential and Development is the property manager of the Property. Should the Tenant have any issues or concerns, the Tenant may contact Barr Residential and Development by one of the methods below: Address: 980 Cipriana Dr Unit A-1, Myrtle Beach, South Carolina 29572. Telephone: 843-637-9689 Email: richierojek@gobrd.com 4.Rent. Tenant will pay to Landlord rent in the amount of $752.00 (the "Rent"), payable in advance on the 1st day of each month, and is delinquent on the next day. If that day falls on a weekend or legal holiday, the rent is due on the next business day. There will be no rent increases through the initial term of the lease. Landlord may increase the rent that will be paid during any month-to-month renewal period by providing at least 30 days written notice to Tenant. Payments should be sent to: Payment address: 400 Lakeside Dr Apt D, Hillsborough, North Carolina 27278, or at such other place as Landlord may designate from time to time. Payments can be made by using one of the following methods of payment: Acceptable forms of payment: -Personal check - Money order -Cashier's check Tenant agrees to submit rent payments by one of the methods above. In the event of roommates, or another Docusign Envelope ID: 4645F0F3-37E7-4FC4-BB81-FB98B8AC80C0 form of joint or multiple occupancy, Tenant will be responsible for collecting payment from all parties and submitting a single payment to Landlord. Tenant is responsible for any payment made by mail and not received by the due date stated herein. Mailed payments must be received on or before the due date. Rent payments for any partial month will be pro-rated at the rate of 1/30th of the monthly rent payment per day. 5.Security Deposit. At the time of signing this Agreement, Tenant PAID to Landlord a security deposit in the amount of $681.00 (the "Security Deposit"). The Security Deposit will be administered in accordance with North Carolina Gen. Stat. § 42-50 et. seq. It may, in the discretion of the Landlord, be deposited in an interest-bearing account with the bank or savings institution named below. Any interest earned upon the Security Deposit will accrue for the benefit of, and will be paid to, the Landlord, or as the Landlord directs. Such interest, if any, may be withdrawn by Landlord from such account as it accrues as often as is permitted by the terms of the account. Bank name: Truist Bank address: 76th Ave, Myrtle Beach, South Carolina 29579 Upon any termination of the tenancy herein created, the Landlord may deduct from the Tenant Security Deposit amounts sufficient to pay: (1) any damages sustained by the Landlord as a result of the Tenant's nonpayment of rent or nonfulfillment of the initial term or any renewal periods, including the Tenant's failure to enter into possession; (2) any damages to the Property for which the Tenant is responsible; (3) any unpaid bills which become a lien against the Property due to the Tenant's occupancy; (4) any costs of renting the Property after a breach of this Lease Agreement by the Tenant; (5) any court costs incurred by the Landlord in connection with terminating the tenancy; and (6) any other damages of the Landlord which may then be a permitted use of the Tenant Security Deposit under the laws of the State of North Carolina. No fees may be deducted from the Tenant Security Deposit until the termination of the tenancy. After having deducted the above amounts, the Landlord shall, if the Tenant's address is known to him, refund to the Tenant, within thirty (30) days after the termination of the tenancy and delivery of possession, the balance of the Tenant Security Deposit along with an itemized statement of any deductions. If the extent of Landlord's claim against the security deposit cannot be determined within 30 days, Landlord will provide Tenant with an interim accounting no later than 30 days after termination of the tenancy and delivery of possession of the Property to Landlord and shall provide a final accounting within 60 days after termination of the tenancy and delivery of possession of the Property to Landlord. If the Tenant's address is unknown to the Landlord, the Landlord may deduct the above amounts and shall then hold the balance of the Tenant Security Deposit for the Tenant's collection for a six-month period beginning upon the termination of the tenancy and delivery of possession by the Tenant. If the Tenant fails to make demand for the balance of the Tenant Security Deposit within the six-month period, the Landlord shall not thereafter be liable to the Tenant for a refund of the Tenant Security Deposit or any part thereof. 6.Non-Sufficient Funds. Tenant will be charged a monetary fee of $25.00 (or the maximum allowed by law, pursuant to North Carolina Gen. Stat. § 25-3-506) as reimbursement of the expenses incurred by Landlord for each check that is returned to Landlord for lack of sufficient funds. In addition, a check returned due to insufficient funds will be subject to any and all late payments provisions included in this Agreement (if any). All charges will be immediately due from Tenant and failure to make immediate payment will constitute a default under the terms of this Agreement. Landlord reserves the right to demand future payments by cashier's check, money order or certified funds on all future payments in the event of a check returned for insufficient funds. Nothing in this paragraph limits other remedies available to the Landlord as a payee of a dishonored check. Landlord and Tenant agree that three (3) returned checks in any 12 month period constitutes frequent return of checks due to insufficient funds and may be considered a just cause for eviction. 7.Occupants. The only persons who may live on the Property during the term of this Agreement are: -Orange County DSS Tenant may have guests on the Property for not over 0 consecutive days or 0 days in a calendar year, and no more than two guests per bedroom at any one time. Persons staying more than 0 consecutive days or more Docusign Envelope ID: 4645F0F3-37E7-4FC4-BB81-FB98B8AC80C0 than 0 days in any calendar year will NOT be considered original occupants of the Property. Tenant must obtain the prior written approval of Landlord if an invitee of Tenant will be present at the Property for more than 0 consecutive days or 0 days in a calendar year. 8.Possession. Tenant will be entitled to possession of the Property on the first day of the term of this Agreement, and will yield possession to Landlord on the last day of the term of this Agreement, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant will remove its goods and effects and peaceably yield up the Property to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted. 9.Use of Property/Absences. Tenant will notify Landlord of any anticipated extended absence from the Property not later than the first day of the extended absence. 10.Appliances. The following appliances will be provided by Landlord: -Stove -Refrigerator -Microwave oven Tenant will return all such items at the end of the term in a condition as good as existed at the beginning of the lease term, normal wear and tear excepted. 11.Storage. No additional storage space on the Property is authorized, permitted or provided. Any personal property stored in the common areas of the Property will be removed without notice. 12.Parking. This Agreement does not include or provide for parking spaces for motor vehicles or motorcycles anywhere in or about the Property. 13.Roof/Fire Escapes. Use of the roof and/or the fire escapes by Tenants and/or guests is limited to emergency use only. No other use is permitted, including but not limited to, the placement of personal property. 14.Keys and Locks. Tenant will be given a set number of keys for the Property. If all keys are not returned to Landlord following termination of the Agreement, Tenant will be charged a monetary fee to replace the keys. If a security deposit was collected by the Landlord at the time of signing this Agreement, then such amount will be subtracted from the Security Deposit. Tenant is not permitted to change any lock or place additional locking devices on any door or window of the Property without Landlord's approval prior to installation. If allowed, Tenant must provide Landlord with keys to any changed lock immediately upon installation. 15.Smoking. Smoking is prohibited in any area in or on the Property, both private and common, whether enclosed or outdoors. This policy applies to all owners, tenants, guests, employees, and servicepersons. The Tenant will be liable for any damages caused to the Property due to Tenant or Tenant's visitors or guests smoking in or on the Property. Any violation of this policy will be seen as a breach of this Agreement and Landlord will be entitled to all remedies allowable by law including eviction. 16.Smoke and Carbon Monoxide Detectors. Pursuant to North Carolina Gen. Stat. § 42-42 and 42-43, Landlord will provide and install operable smoke detectors, either battery-operated or electrical, having an Underwriters Laboratories, Inc., listing or other equivalent national testing laboratory approval. Effective January I, 20I0, if the Property has a fossil-fuel burning heater or appliance, fireplace, or an attached garage, the Landlord will provide and install a minimum of one operable carbon monoxide detector per level in the Property, either battery operated or electrical, that is listed by a national, OSHA-approved testing laboratory. The Tenant will notify the Landlord, in writing, of the need for replacement of or repairs to a smoke or carbon monoxide detector. The Landlord will replace or repair the smoke or carbon monoxide detector within 15 days of receipt of notification if the Landlord is notified of needed replacement or repairs in writing by the Tenant. The Landlord will ensure that a smoke or carbon monoxide detector is operable and in Docusign Envelope ID: 4645F0F3-37E7-4FC4-BB81-FB98B8AC80C0 good repair at the beginning of the Initial Term of the Tenancy. The Landlord will place new batteries in any battery-operated smoke or carbon monoxide detectors at the beginning of the Initial Term of the tenancy; the Tenant will replace the batteries as needed during the tenancy. 17.Maintenance and Repairs. Landlord will have the responsibility to maintain the Property in good repair at all times and perform all repairs necessary to satisfy any implied warranty of habitability. Except in an emergency, all maintenance and repair requests must be made in writing and delivered to Landlord or property manager. A repair request will be deemed permission for the Landlord or property manager to enter the Property to perform such maintenance or repairs in accordance with this Agreement unless otherwise specifically requested, in writing, by Tenant. Tenant may not place any unreasonable restrictions upon Landlord or property manager's access or entry. Landlord will have expectation that the Property is in a safe and habitable condition upon entry 18.Utilities and Services. Tenant will pay directly for all utilities, services, and charges provided to the Property, including any and all deposits required. 19.Taxes. Landlord shall pay all ad valorem taxes due and payable on the demised premises by all governmental taxing authorities. Tenant shall also pay all ad valorem taxes that may be due and payable to the governmental taxing authorities on his or her personal property, equipment, and fixtures placed and located within the demised premises. 20.Automatic Forfeiture. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within O days (or any other obligation within O days) after written notice from Landlord, Tenant shall be deemed to have forfeited the Lease, and Landlord shall have the right to initiate eviction proceedings against Tenant without further notice and without prejudicing Landlord's rights to damages. Acceptance by Landlord of previously due rent payments does not constitute waiver of Landlord's rights under this provision. 21.Holding Over. Should the Tenant hold over the term hereby created with consent of the Landlord, the term of this lease will become a month-to-month tenancy and be deemed to be and be extended at the rental rate herein provided, and otherwise upon the terms and conditions in this Agreement, until either party hereto serves upon the other thirty (30) days written notice of termination, reflecting the effective date of cancellation. 22. Condition of Property. Tenant stipulates, represents and warrants that Tenant has examined the Property, and that they are at the time of this Agreement in good order, repair, and in a safe, clean and tenantable condition. 23.Alterations and Improvements. Tenant will make no alterations to the buildings or improvements to the Property or construct any building or make any other improvements on the Property without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Property by Tenant will, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Property at the expiration or earlier termination of this Agreement. 24.Hazardous Materials. Tenant will not keep on the Property any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company. 25.Damage to Property. If the Property is damaged or destroyed as to render it uninhabitable, then either Landlord or Tenant will have the right to terminate this Agreement as of the date on which such damage occurs, through written notice to the other party to be given within 20 days of occurrence of such damage. However, if such damage should occur as the result of the conduct or negligence of Tenants or Tenants' guests or invitees, Landlord will have the right to termination and Tenants will be responsible for all losses, including, but not limited to, damage and repair costs as well as loss of rental income. Docusign Envelope ID: 4645F0F3-37E7-4FC4-BB81-FB98B8AC80C0 26. Landlord Access to Property. Landlord and Landlord’s agents will have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Property for the purpose of inspecting the Property and all buildings and improvements thereon. Tenant will make the Property available to Landlord or Landlord's agents for the purposes of making repairs or improvements, or to supply agreed services or show the Property to prospective buyers or tenants, or in case of emergency. Except in case of emergency, Landlord will give Tenant reasonable notice of intent to enter. For these purposes, twenty four (24) hour written notice will be deemed reasonable. 27. Indemnity Regarding Use of Property. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Property, except Landlord's act or negligence. Tenant hereby expressly releases Landlord and/or agent from any and all liability for loss or damage to Tenant's property or effects whether on the Property, garage, storerooms or any other location in or about the Property, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Landlord, Landlord's employees, heirs, successors, assignees and/or agents. 28. Accommodation. Landlord agrees to and is committed to complying with all applicable laws providing equal housing opportunities. To ensure compliance, Landlord will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or a tenant, unless undue hardship would result. It is the applicant or tenants responsibility to make Landlord aware of any required accommodation. In writing, the individual with the disability should specify the nature and effect of the disability and any accommodation he or she needs. If after thoughtful consideration and evaluation, the accommodation is reasonable and will not impose an undue hardship, Landlord will make the accommodation. Landlord reserves the right to require appropriate medical verification of the disability. 29. Compliance with Regulations. Tenant will promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant will not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature. 30. Mechanics Liens. Neither Tenant nor anyone claiming through the Tenant will have the right to file mechanics liens or any other kind of lien on the Property and the filing of this Agreement constitutes notice that such liens are invalid. Further, Tenant agrees to (I) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the Property free of all liens resulting from construction done by or for the Tenant. 31. Subordination of Lease. This Agreement is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Property. 32. Assignment and Subletting. Tenant may not assign or sublease any interest in the Property, nor assign, mortgage or pledge this Agreement. This is a blanket prohibition, meaning no replacement tenant(s) will be permitted and no additional tenant or occupant will be allowed on the Property even if a Tenant leaves the Property. This prohibition applies to each and every term of this Agreement in regard to space leased to Tenant. Any waiver of this prohibition must be secured from the Landlord in writing. In the event the prohibition is invalidated or lifted, Tenant, Landlord and any subtenant or assignee agrees to be bound by each and every provision contained in this Agreement. 33. Notice. Notice under this Agreement will not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions will be deemed received on the third day after posting. Docusign Envelope ID: 4645F0F3-37E7-4FC4-BB81-FB98B8AC80C0 Landlord: Gateway Village 400 Lakeside Dr Apt D, Hillsborough, North Carolina 27278 Property Manager: Barr Residential and Development 980 Cipriana Dr Unit A-1, Myrtle Beach, South Carolina 29572 Tenant: Orange County DSS 400 Lakeside Dr Apt D, Hillsborough, North Carolina 27278 Such addresses may be changed from time to time by any party by providing notice as set forth above. 34. Attorney's Fees. 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. 35. 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 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. 36. 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. 37. Waiver and Severability. The failure of either party to enforce any provisions of this Agreement will not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. If any provision of this Agreement or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances will be affected thereby, but instead will be enforced to the maximum extent permitted by law. 38. Time of Essence. Time is of the essence with respect to the execution of this Lease Agreement. 39. Entire Agreement. This document constitutes the entire Agreement between the Tenant and Landlord. This Agreement cannot be modified except in writing and must be signed by all parties. Neither Landlord nor Tenant have made any promises or representations, other than those set forth in this Agreement and those implied by law. The failure of Tenant or its guests or invitees to comply with any term of this Agreement is grounds for termination of the tenancy, with appropriate notice to Tenants and procedures as required by law. Docusign Envelope ID: 4645F0F3-37E7-4FC4-BB81-FB98B8AC80C0 40. Application. Tenant represents and warrants that all statements in Tenant's rental application are accurate. Any misrepresentations will be considered a material breach of this Agreement and may subject Tenant to eviction. Tenant authorizes Landlord and any broker to obtain Tenant's credit report periodically during the tenancy in connection with the modification or enforcement of this Lease. Landlord reserves the right to terminate this Agreement (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that information in Tenant's application is false. 41. Binding Effect. The provisions of this Agreement will be binding upon and inure to the benefit of parties and their respective legal representatives, successors and assigns. Receipt Initials Tenant Landlord Security Deposit: $681.00 Pet Deposit: $ Prorated rent for the Period: $ Prepaid rent for the Period: $ Other Charges or Deposits: $ Total Charges Received: $681.00 IN WITNESS WHEREOF, the Landlord and Tenant have executed this Agreement in the manner prescribed by law as of the Effective Date. Landlord: By: _ Gateway Village Tenant: By: _ Orange County DSS Date: Date: Docusign Envelope ID: 4645F0F3-37E7-4FC4-BB81-FB98B8AC80C0 7/15/2024 7/17/2024 North Carolina Lease Agreement Inspection Checklist Address: 400 Lakeside Dr Apt D, Hillsborough, North Carolina 27278 Tenant has inspected the Property and states that the Property is in satisfactory condition, free of defects, except as noted below: Satisfactory Kitchen Comments Cupboards Floor ceiling Walls and ceiling Counter surfaces Stove and oven Refrigerator Garbage disposal Windows Doors Light fixtures Living Room Floor covering Walls and ceiling Windows Doors Light fixtures Bathroom Floor covering Walls and ceiling Shower and tub Toilet Plumbing fixtures Windows Doors Light fixtures Sink Vanity Medicine cabinet Hallways or Other Areas Floor covering Walls and ceiling Closets Light fixtures Docusign Envelope ID: 4645F0F3-37E7-4FC4-BB81-FB98B8AC80C0 Furnace Air conditioner Patio or deck Yard Other (specify) Bedroom Floor covering Walls and ceiling Closet Windows Doors Light fixtures Bedroom Floor covering Walls and ceiling Closet Windows Doors Light fixtures Tenant: By: ---------------------------------------------------- - Orange County DSS Acknowledged by Landlord: By: Gateway Village Date: -------- Date: Docusign Envelope ID: 4645F0F3-37E7-4FC4-BB81-FB98B8AC80C0 7/15/2024 7/17/2024 Revised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Gateway Village Apartments, LLC Vendor Contact Person: Richie Rojek Phone: 843-637-9689 Address: 980 Cipriana Drive, Unit A-1 City Myrtle Beach State: SC Zip: 29572 Department: Social Services Amount: $9,024 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 6/1/2024 End Date 4/30/2025 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. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Since notice to vacate the property was not given by either party, the lease continued on a month-to-month basis until renewal terms could be finalized. 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 Docusign Envelope ID: 4645F0F3-37E7-4FC4-BB81-FB98B8AC80C0 7/15/2024 7/15/2024 7/15/2024 7/17/2024 Revised 01/24 2 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: 4645F0F3-37E7-4FC4-BB81-FB98B8AC80C0