HomeMy WebLinkAboutOTHER-2024-084-Lease Amendment-Bonnie B Davis Attachment 1 101101
STATE OF NORTH CAROLINA
LEASE AGREEMENT
COUNTY OF ORANGE
THIS LEASE AGREEMENT, made and entered into as of the last date set forth in the
notary acknowledgements below by and between,ORANGE COUNTY hereinafter designated
as Lessor, and the STATE OF NORTH CAROLINA, hereinafter designated as Lessee;
WITNESSETH:
THAT WHEREAS, authority to approve and execute this lease agreement was delegated
to the Department of Administration by resolution adopted by the Governor and Council of State
on the 1 st day of September, 1981; and as amended on September 8, 1999 and December 7th, 1999,
and
WHEREAS, the Department of Administration has delegated to the Department of
Agriculture the authority to execute this lease agreement by a memorandum dated December 22,
2016; and
WHEREAS, the parties hereto have mutually agreed to the terms of this lease agreement
as hereinafter set out,
NOW THEREFORE, in consideration of the rental hereinafter agreed to be paid and the
terms and conditions hereinafter set forth,Lessor does hereby let and lease unto Lessee and Lessee
hereby takes and leases from Lessor for and during the period of time and subject to the terms and
conditions hereinafter set out certain space in the Town/City Hillsborough, located in ORANGE
County of North Carolina, more particularly described as follows:
Being approximately: (711 square feet of office space in the Bonnie B. Davis Environmental
and Agricultural Center located at 1020 Hwy 70 West Hillsborough NC 27278
(DEPARTMENT OF NC FOREST SERVICE)
THE TERMS AND CONDITIONS OF THIS LEASE AGREEMENT ARE AS
FOLLOWS:
1. The term of this lease shall be for a period of three (_3_)year(s), commencing on the
October 1, 2024, or as soon thereafter as the leased premises are ceded to the Lessee
and terminating on the September 30, 2027.
2. During the term of the lease, the Lessee shall pay to the Lessor as rental for said
premises the sum of$ 10,080 (Ten Thousand and Eighty Dollars)per annum, which
sum shall be paid in equal monthly installments of$840.00(Eight-hundred and Forty
Dollars). The Lessee agrees to pay the aforesaid rental to Lessor at the address
specified, or, to such other address as the Lessor may designate by a notice in writing
at least fifteen (15) days prior to the due date. Lessor agrees to send monthly invoices
to Lessee at the specified address.
3. Lessor agrees to furnish to the Lessee, as a part of the consideration for this lease, the
following services and utilities to the satisfaction of the Lessee.
A. Heating facilities, air conditioning facilities, adequate electrical facilities, adequate
lighting fixtures and sockets,hot and cold water facilities,and adequate toilet facilities.
B. Lessor to provide required fire extinguishers and servicing, pest control, and outside
trash disposal and recycling, including maintenance of lawns,parking areas(including
snow and debris removal) and common areas is required.
C. Parking
D. The Lessor covenants that the leased premises are generally accessible to persons with
disabilities. This shall include access into the premises from the parking areas (where
applicable), into the premises via any common areas of the building and access to an
accessible restroom.
E. All stormwater fees.
F. Any fire or safety inspection fees.
G. Daily janitorial service and supplies.
H. All utilities (electricity, gas, water/sewer) except telephone.
I. All land transfer tax/fees imposed by the County or City in which the space is located.
J. The number of keys to be provided to Lessee for each lockset shall be reasonably
determined by Lessee prior to occupancy and said keys shall be furnished by Lessor to
Lessee at no cost to Lessee.
K. All other terms and conditions of the signed "Proposal to Lease to the State of North
Carolina" Form PO-28 and"Specifications for Non-advertised Lease."
4. During the lease term, the Lessor shall keep the leased premises in good repair and
tenantable condition, to the end that all facilities are kept in an operative condition. Maintenance
shall include, but is not limited to furnishing and replacing electrical light fixture ballasts, bulbs
and tubes, air conditioning and ventilating equipment filter pads, if applicable, and broken glass.
In case Lessor shall, after notice in writing from the Lessee in regard to a specified condition,fail,
refuse, or neglect to correct said condition, or in the event of an emergency constituting a hazard
to the health or safety of the Lessee's employees, property, or invitees, it shall then be lawful for
the Lessee in addition to any other remedy the Lessee may have, to make such repair at its own
cost and to deduct the amount thereof from the rent that may then be thereafter become due
hereunder. The Lessor reserves the right to enter and inspect the leased premises, at reasonable
times, and to make necessary repairs to the premises.
5. It is understood and agreed that Lessor shall, at the beginning of said lease term as
hereinabove set forth, have the leased premises in a condition satisfactory to Lessee, including
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repairs,painting,partitioning,remodeling,plumbing and electrical wiring suitable for the purposes
for which the leased premises will be used by Lessee.
6. The Lessee shall have the right during the existence of this lease,with the Lessor's prior
consent,to make alterations,attach fixtures and equipment,and erect additions, structures or signs
in or upon the leased premises. Such fixtures, additions, structures or signs so placed in or upon or
attached to the leased premises under this lease or any prior lease of which this lease is an extension
or renewal shall be and remain the property of the Lessee and may be removed therefrom by the
Lessee prior to the termination of this lease or any renewal or extension thereof, or within a
reasonable time thereafter. The Lessee shall have no duty to remove any improvement or fixture
placed by it on the premises or to restore any portion of the premises altered by it. In the event
Lessee elects to remove his improvements or fixtures and such removal causes damage or injury
to the demised premises, Lessee will repair only to the extent of any such damage or injury.
7. If the said premises be destroyed by fire or other casualty without fault of the Lessee,
this lease shall immediately terminate and the rent shall be apportioned to the time of the damage.
In case of partial destruction or damage by fire or other casualty without fault of the Lessee, so as
to render the premises untenantable in whole or in part,there shall be an apportionment of the rent
until the damage has been repaired. During such period of repair, Lessee shall have the right to
obtain similar office space at the expense of Lessee or the Lessee may terminate the lease by giving
fifteen(15) days written notice to the Lessor.
8. Lessor shall be liable to Lessee for any loss or damages suffered by Lessee which are a
direct result of the failure of Lessor to perform an act required by this lease, and provided that
Lessor could reasonably have complied with said requirement.
9. Upon termination of this lease,the Lessee will peaceably surrender the leased premises
in as good order and condition as when received, reasonable use and wear and damage by fire,
war, riots, insurrection,public calamity, by the elements, by act of God, or by circumstances over
which Lessee had no control or for which Lessor is responsible pursuant to this lease, excepted.
10. The Lessor agrees that the Lessee, upon keeping and performing the covenants and
agreements herein contained, shall at all times during the existence of this lease peaceably and
quietly have, hold, and enjoy the leased premises free from the adverse claims of any person.
11. The failure of either party to insist in any instance upon strict performance of any of
the terms and conditions herein set forth shall not be construed as a waiver of the same in any other
instance. No modification of any provision hereof and no cancellation or surrender thereof shall
be valid unless in writing and signed and agreed to by both parties.
12. Any hold over after the expiration of the said term or any extension thereof, shall be
construed to be a tenancy from month to month,and shall otherwise be on the terms and conditions
herein specified, so far as applicable; however, either party shall give not less than sixty (60) days
written notice to terminate the tenancy.
13. The parties to this lease agree and understand that the continuation of this lease
agreement for the term period set forth herein, or any extension or renewal thereof, is dependent
upon and subject to the appropriation, allocation or availability of funds for this purpose to the
agency of the Lessee responsible for payment of said rental. The parties to this lease also agree
that in the event the agency of the Lessee or that body responsible for the appropriations of said
funds, in its sole discretion, determines, in view of its total local office operations that available
funding for the payment of rents are insufficient to continue the operation of its local offices on
the premise leased herein,it may choose to terminate the lease agreement set forth herein by giving
NCFS-Orange County Page 3 of 6
Lessor written notice of said termination, and the lease agreement shall terminate immediately
without any further liability to Lessee.
14. All notices herein provided to be given, or which may be given by either parry 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 prepaid and addressed as follows: To the Lessor at County
Manager, PO BOX 8181 HILLSBOROUGH NC.2727.8 and the Lessee at NCDA&CS,
Property & Construction Division, Attn: Real Property Agent, 1001 Mail Service Center,
Raleigh,North Carolina 27699-1001. The address to which notices shall be mailed as aforesaid
to either party may be changed by written notice. ALL INVOICES SHOULD MAILED
MONTHLY 15 DAYS IN ADVANCE TO LESSEE at NCFS c/o Property Manager 1616 mail
Service Center, Raleigh,NC 27699- 1600.
15. N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by,any
State Employee of any gift from anyone with a contract with the State,or from any person seeking
to do business with the State. By execution of any response in this procurement, you attest, for
your entire organization and its employees or agents,that you are not aware that any such gift has
been offered, accepted, or promised by any employees of your organization.
IN TESTIMONY WHEREOF, this lease has been executed by the parties hereto, in
duplicate originals, as of the date first above written.
NCFS-Orange County Page 4 of 6
LESSEE:
STATE OF NORTH CAROLINA
B evt - (SEAL)
Andrew A. Meier-Director
NCDA&CS Property & Construction Division
STATE OF NORTH CAROLINA L'
COUNTY OF-W �hnS
I, pmefs" ,A Notary Public in and for the County and State
aforesaid, do hereby certify that Andrew A. Meier personally came before me this day and
acknowledged the due execution by him of the foregoing instrument as Director of Property and
Construction Division for the North Carolina Department of Agriculture and Consumer Services,
in accordance with the authority vested in him and for the purposes therein expressed.
IN WITNESS WHEREOF,I have hereunto set my hand and Notarial Seal this the 2%ay
of I o Qifl'16a , 202q
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Notary PublicK .
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NCFS-Orange County Page 5 of 6
LESSOR:
Type in full name of Lessor
By: _ (SEAL)
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If applicable add corporate attestation here
STATE OF NORTH CAROLINA
COUNTY OF O
I, , a Notary Public in and for the County of
and State aforesaid, do hereby certify that Vt t11 ,personally
appeared Refore me this date and acknowledged the due execution by h m of the foregoing
instrument as &rWA of ebuA4ru of the State of North
Carolina, for the purposes ther expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal this the
' day of ! , 2024_.
A JEIy+ %
NOTARY s VNotaryPubli
J. PUa!tLIC = Printed Name:
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NCFS-Orange County Page 6 of 6