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HomeMy WebLinkAboutAgenda 05-06-25; 8-h - Renewal of County’s Lease of 1000 Corporate Drive, Hillsborough for the Orange County Attorney’s Office 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6, 2025 Action Agenda Item No. 8-h SUBJECT: Renewal of County's Lease of 1000 Corporate Drive, Hillsborough for the Orange County Attorney's Office DEPARTMENT: Asset Management Services ATTACHMENT(S): INFORMATION CONTACT: Connor Wilkins, Asset Management Lease Amendment Services Assistant Director, 919-245- 2689 Alan Dorman, Asset Management Services Director, 919-245-2627 PURPOSE: To approve an amendment to a lease agreement for the County to continue leasing space for the Orange County Attorney's Office at 1000 Corporate Drive in Hillsborough, and approve and authorize the Manager to sign the lease renewal upon final review by the County Attorney. BACKGROUND: The County has leased 1000 Corporate Drive in Hillsborough for the County Attorney's Office and the Office of Equity and Inclusion since 2019. The lease renewal began on May 1, 2025, and extends for three (3) years, ending April 30, 2028. The County's first-year rent of the renewed lease will be $52,862 and will increase by three percent (3%) annually for the remainder of the lease. FINANCIAL IMPACT: The County's annual rent payment of$52,862 is included in the Manager's Recommended FY 2025-26 Asset Management Services (AMS) operating budget. ALIGNMENT WITH STRATEGIC PLAN: This item supports: • MISSION STATEMENT — Orange County is a visionary leader in providing governmental services valued by our community, beyond those required by law, in an equitable, sustainable, innovative and efficient way. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Manager to sign the lease amendment for the County to renew leasing space for the County Attorney's Office at 1000 Corporate Drive, Hillsborough, upon final review by the County Attorney. 2 SECOND AMENDMENT OF LEASE THIS SECOND AMENDMENT OF LEASE ("Amendment") is made and entered into effective as of the Date of Amendment (as hereinafter defined) by and between and between 1000 CORPORATE DRIVE, LLC, a North Carolina limited liability company ("Landlord"); and ORANGE COUNTY, NORTH CAROLINA, a body politic and corporate and a political subdivision of the State of North Carolina("Tenant"). Recitals Landlord and Tenant have made and entered into that certain Commercial Lease Agreement having an effective date of April 3, 2020, as amended and/or modified that certain Amendment of Lease having an effective date of February 22,2023 (the "Lease"),pursuant to which Landlord leased to Tenant, and Tenant leased from Landlord, certain premises located at 1000 Corporate Drive, Suites 401 and 402, Hillsborough, Orange County,North Carolina 27278. Landlord and Tenant now desire to further amend and/or modify the Lease as provided below. NOW,THEREFORE, for and in consideration of the Lease,the terms, covenants and conditions set forth below and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto covenant and agree as follows: 1. Definitions. Unless otherwise expressly defined herein, all terms defined in the Lease shall have the same meanings in this Amendment as are ascribed to them in the Lease. 2. Extension of Term. The term of the Lease is hereby extended for a period of three (3) years commencing on May 1, 2025, and ending at midnight (local time) on April 30, 2028, unless sooner terminated as provided in the Lease. 3. Rent. Commencing on May 1, 2025, Tenant shall pay to Landlord or Landlord's designated agent,without demand, deduction or set off, annual rent for the Premises in the amount of$52,862.88, payable in equal monthly installments in the amount of $4,405.24 each, in advance, on the first day of each month commencing on May 1, 2025. Commencing on May 1, 2026, Tenant shall pay to Landlord or Landlord's designated agent,without demand, deduction or set off, annual rent for the Premises in the amount of $54,448.80, payable in equal monthly installments in the amount of $4,537.40 each, in advance, on the first day of each month commencing on May 1, 2026. Commencing on May 1, 2027, Tenant shall pay to Landlord or Landlord's designated agent, without demand, deduction or set off, annual rent for the Premises in the amount of$56,082.20, payable in equal monthly installments in the amount of$4,673.52 each, in advance, on the first day of each month commencing on May 1, 2027, and continuing thereafter for the remainder of the Term. 4. Date of Amendment.When and as used herein, "Date of Amendment"shall mean the date as of which both Landlord and Tenant shall have executed this Lease as indicated below. 5. Effect of Amendment. Except to the extent expressly amended and/or modified herein, all of the terms, covenants and conditions contained in the Lease shall remain in full force and effect. To the extent any term, covenant or condition contained in this Amendment conflicts or is inconsistent with any term, covenant or condition contained in the Lease, the term, covenant or condition contained in this Amendment shall be paramount and controlling and the Lease shall be construed consistent therewith. 3 IN WITNESS WHEREOF, each of the parties has caused this Amendment to be duly executed effective as of the day and year indicated below. LANDLORD: 1000 CORPORATE DRIVE,LLC, a North Carolina limited liability company By: (Seal) James W. Parker,Jr.,Manager Date: TENANT: ORANGE COUNTY,NORTH CAROLINA, a body politic and corporate and a political subdivision of the State of North Carolina By: (Seal) County Manager Date: -2-