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Home My WebLink About2025-138-E-Arts Commission-Eno River Mil-Annual RentRevised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Eno River Mill LLC Vendor Contact Person: Frank Gailor Phone: 919-656-3008 Address: 437 Dimmocks Mill Rd City Hillsborough State: NC Zip: 27278 Department: Cnty Mngr Amount: $36,657.63 Purpose: Annual Rent Budget Code(s): 37601020-580000-71390 Vendor # 65919 Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: 2/27/2020) (Most Recent Amendment 6/01/2021) Effective Date 4/1/2025 End Date 3/31/2023 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: 3/18/2025); Made or Administered by 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: 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: E51A06A0-4B18-41DB-839A-9CC76AE34139 3/31/2025 4/7/2025 4/7/2025 4/7/2025 4/9/2025 ERM and OCAC Amendment Three to Lease ORANGE COUNTY STATE OF NORTH CAROLINA AMENDMENT THREE TO LEASE AGREEMENT THIS AMENDMENT THREE (hereafter “Amendment”) to the Lease Agreement dated February 7, 2020 and as amended on July 15, 2020, and June 1, 2021 (collectively, as amended, the “Lease”) is made and entered into on the 27 day of March, 2025 by and between Eno River Mill, LLC, a North Carolina limited liability company (hereinafter "Landlord"), and Orange County, a political subdivision of the State of North Carolina corporation (hereinafter "Tenant") (hereafter the Lease and Amendments shall be referred to as the “Lease”). WITNESSETH Landlord and Tenant desire to extend the Term of the Lease for a period of five (5) years. In consideration of such extension, the mutual covenants herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: 1.TERM. Paragraph 3 of the lease entitled “Term” is amended to extend the Term of the Lease for five years (the “Extension Term”). The Expiration Date as used in the Lease shall hereafter mean March 31, 2030. 2.RENT. Rent will increase annually by two and one-half percent (2.5%) during the extended term as it did during the original lease term. The rent for the extended term is shown below: START END ANNUAL MONTHLY Docusign Envelope ID: E51A06A0-4B18-41DB-839A-9CC76AE34139 ERM and OCAC Amendment Three to Lease 2 4/1/2025 3/31/2026 $36,657.63 $3,054.80 4/1/2026 3/31/2027 $37,574.07 $3,131.17 4/1/2027 3/31/2028 $38,513.42 $3,209.45 4/1/2028 3/31/2029 $39,476.26 $3,289.69 4/1/2029 3/31/2030 $40,463.16 $3,371.93 3.OPERATING EXPENSE PASS-THROUGH. The last sentence of exhibit D to Lease places an annual cap of $5,000 on operating expenses payable by Tenant annually during the initial term of the Lease. During the initial term operating expenses did not exceed the cap. During the extended term, the cap on operating expenses will escalate annually by 2.5%. The expense cap for each year during the extended term is shown on the schedule below: START END EXPENSE CAP 4/1/2025 3/31/2026 $5,125.00 4/1/2026 3/31/2027 $5,253.13 4/1/2027 3/31/2028 $5,384.45 4/1/2028 3/31/2029 $5,519.06 4/1/2029 3/31/2030 $5,657.04 4.EXTENSION OPTIONS. Tenant may, by written notice delivered to Landlord on or before the 365th day prior to the expiration of the Term, extend the Term of this Lease for two additional period(s) of five years (each, if more than one option exists, provided that such periods are consecutive) upon the same terms and conditions as are set forth in this Lease for the initial Term, except that Minimum Rent for each such extended term shall increase by two and one-half percent (2.5%) over the base rent during the preceding year and will thereafter escalate annually by two and one-half percent (2.5%). The cap on operating expenses will also increase by two and one-half percent (2.5%) during the first year of any option term and annually thereafter. Docusign Envelope ID: E51A06A0-4B18-41DB-839A-9CC76AE34139 ERM and OCAC Amendment Three to Lease 3 5. MISCELLANEOUS. Except as modified herein, the terms and conditions of the Lease are hereby ratified and affirmed. The Lease as modified by this Amendment, represents the entire agreement between the parties and supersedes any and all prior agreements, whether oral or written. All prior negotiations have been merged in the Lease, as amended by this Amendment, and there are no understandings, representations, or agreements, oral or written, expressed or implied other than those set forth in the Lease as modified by this Amendment. [Signature Page Follows] Docusign Envelope ID: E51A06A0-4B18-41DB-839A-9CC76AE34139 ERM and OCAC Amendment Three to Lease 4 IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease in duplicate originals, all as of the day and year first above written. TENANT: Orange County LANDLORD: Eno River Mill, LLC a political subdivision of the State of NC _________________________(SEAL) By:___________________________ Name:______________________ Name: Frank R. Gailor Title:________________________ Title: Managing Member Docusign Envelope ID: E51A06A0-4B18-41DB-839A-9CC76AE34139 County Manager Travis Myren