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HomeMy WebLinkAboutAgenda - 03-06-2025; 8-i - Administrative Correction to USDA Lease at Bonnie B. Davis Environmental and Agricultural Center 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 6, 2025 Action Agenda Item No. 8-i SUBJECT: Administrative Correction to USDA Lease at Bonnie B. Davis Environmental and Agricultural Center DEPARTMENT: Asset Management Services ATTACHMENT(S): INFORMATION CONTACT: Alan Dorman, Asset Management USDA Lease Amendment Services Director, 919-245-2627 PURPOSE: To: 1) approve a lease amendment to the United States Department of Agriculture's (USDA) lease for a portion of the Bonnie B. Davis Environmental and Agricultural Center to correct a USDA administrative error; and 2) authorize the County Manager to sign the amendment, upon final review by the County Attorney. BACKGROUND: Orange County leases a 3,502 square-foot portion of the Bonnie B. Davis Environmental and Agricultural Center to the United States Department of Agriculture's Farm Services Agency. The lease, which began on September 30, 2021, is for ten years and ends on September 29, 2031, at an annual rate of $70,040. USDA informed the County of an administrative error on the USDA's part, which the attached lease amendment addresses. The administrative error is associated with the explicit statement within the lease of the lease terms. The lease amendment will have no impact on the terms of the lease for the County's purposes. FINANCIAL IMPACT: The lease amendment will not have a financial impact, as the terms of the lease will not change. ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GOAL 6: DIVERSE AND VIBRANT ECONOMY OBJECTIVE 5. Increase access to and awareness of resources and assistance available to residents and businesses. RECOMMENDATION(S): The Manager recommends that the Board: 1) approve the amendment to the United States Department of Agriculture's lease for a portion of the Davis Center to correct a USDA administrative error; and 2) authorize the County Manager to sign the amendment, upon final review by the County Attorney. UNITED STATES DEPARTMENT OF AGRICULTURE LEASE AMENDMENT NUMBER: 1 LEASE AMENDMENT LEASE NUMBER: 57-37135-21-FA ADDRESS OF PREMISES GREX Delegation NUMBER: DNC08656-001 1020 US Hwy 70 UEI: GFFMCW9XDA53 Hillsborough, NC 27278 THIS AMENDMENT is made and entered into between ORANGE COUNTY NC whose address is: 131 W Margaret LN STE 300, Hillsborough, North Carolina 27278-254, hereinafter called the Lessor and the United States Department of Agriculture, hereinafter called the Government: WHEREAS the parties hereto desire to amend the above Lease to memorialize substantial completion of required improvements, the Government's acceptance of the space, and commencement of Lease term. NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenant and agree that the said Lease is amended, effective upon execution by Government, as follows: 1. TO HAVE AND TO HOLD the said premises with their appurtenances for a term of 10 years, 3 years firm term, beginning September 30, 2021 to September 29, 2031. Full Beneficial Occupancy Date is September 30, 2021. 2. Rentable Square Footage (RSF) is 3,502 and ANSI/BOMA Square Footage (ABOA) is 2,636. 3. Section 1.03A of Lease is removed and replaced with the following: A. The Government shall pay the Lessor annual rent, payable in monthly installments in arrears, at the following rates: 09/30/2021 — 09/30/2024— 09/29/2024 09/29/2031 Annual Rent Annual Rent Shell Rent' $47,031.86 $47,031.86 Operating Costsz $ 23,008.14 $ 23,008.14 Total Annual Rent $ 70,040.00 $ 70,040.00 This Lease Amendment contains 2 pages. All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the below date. FOR THE LESSOR: FOR THE GOVERNMENT: Signature: Signature: Name: Name: Title: Title: Lease Contracting Officer Entity Name: United States Department of Agriculture Date: Date: WITNESSED FOR THE LESSOR BY: Signature: Name: Title: Date: Lease Amendment Form 12/12 3 PAGE 2 of 2 'Shell rent calculation(rounded): (09/30/2021 —09/29/2031)$13.43 per RSF multiplied by the RSF stated under Paragraph 1.01 2 Operating Costs rent calculation(rounded):$6.57 per RSF multiplied by the RSF stated under Paragraph 1.01 4. The Lessor must have an active/updated registration in the System for Award Management(SAM) System (https://www/sam.gov) upon receipt of this Lease Amendment. Registration needs to indicate Purpose as "All Awards" and NAICS Code of"531120". The Government will not process rent payments to Lessors without an active/updated SAM registration. INITIALS: & LESSOR GOVT Lease Amendment Form 12/12 GENERAL SERVICES ADMINISTRATION PUBLIC BUILDINGS SERVICE PAGE 1 OF 1 PAGES CONDITION SURV Y R PORT DATE OF SURVEY 09/23/2021 B N FICIAL OCCUPANCY Check one: INITIAL X FINAL BUILDING NAME AND ADDRESS LESSOR'S NAME AND ADDRESS Bonnie B. Davis Environment and Agricultural Center Orange County of North Carolina 1020 Highway 70 West P.O. Box 8181 ROOM NUMBERS OR OTHER IDENTIFICATION LEASE NUMBER 150 and 141 E-F 57-37135-21-FA SUGGESTED ITEMS (Incomplete) NARRATIVE REPORT 1. BUILDING EXTERIOR REPORT ON ALL PERTINENT ITEMS, COMMENTING AS TO THEIR GENERAL CONDITION AND APPEARANCE, TYPE OF CONSTRUCTION, CONDITION OF PAING OR OTHER FINISH, ETC. USE 2. BUILDING ENTRANCES REVERSE OF THIS FORM IF MORE SPACE IS NEEDED. 3. CEILING OCCUPANCY INSPECTION COMPLETED ON 09/23/2021 AND CONSTITUTES a. MATERIAL ACCEPTANCE OF THE TENANT IMPROVEMENTS/SPACE BY USDA,EXCEPT FOR THE b. PAINT FOLLOWING ITEMS THAT STILL REQUIRE COMPLETION: 4. CORRIDORS 5. DOORS a. MATERIAL All Items Complete b. LOCKS c.TRANSOMS 6. ELECTRICAL SYSTEM a. LIGHT FIXTURES(NUMBER AND TYPE) b. SWITCHES c. OUTLETS 7. ELEVATORS(NUMBER AND TYPE) 8. FIRE ESCAPES 9. FIRE PROTECTION EQUIPMENT a. FIRE EXTINGUISHERS(TYPE) b. HOSE RACKS AND/OR REELS c. FIRE ALARM SYSTEM (TYPE) d. SPRINKLERS 10. FLOORS a. MATERIAL b. COVERING 11. HEATING AND AIR CONDITIONING SYSTEMS a. HEATING PLANT(TYPE) b. RADIATORS c. SPACE HEATERS d. AIR DUCTS AND OUTLETS e. FANS 12. LAVATORIES(OFFICE) 13. REST ROOM FACILITIES a. LAVATORIES b. WATER CLOSETS c. URINALS d. MIRRORS e.WASTE RECEPTACLES f.TOWEL DISPENSERS Other: g.TOILET PAPER DISPENSERS h. SANITARY PAD DISPENSERS Rural Development: 14. SKYLIGHTS 15. STAIRS OCIO CEC: 16.VENTILATORS We,the undersigned,do hereby certify that this report represents our opinion of the tru and correct 17.WALLS condition of the above described premises as of a. MATERIAL Date: 09/23/2021 b. PAINT SIGNATURE AND TITLE 18.WINDOWS TINA M I L L E R Digitally signed by TINA MILLER a. FRAME Farm Service Agency Date: 2021.09.23 08:29:16-04'00' b. SASH SIGNATURE AND TITLE c.VENETIAN BLINDS Digitally signed by EDWARD d. ROLLER SHADES Natural Resources Conservation Service EDWARD BOGU E ROGUE Date:2021.09.23 09:39:05-04'00' e. SCREENS SIGNATURE OF LESSOR (Ifnot obtained, explain on reverse) f.AWNINGS Alan Dorman Digitally signed by Alan Dorman Date:2021.09.30 14:47:21-04'00' GSA WASH DC 56-4199 GSA FORM 1204 AUGUST 1955