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HomeMy WebLinkAboutAgenda 10-07-2025; 8-j - Approval of Lease Renewal Amendment for IFC HomeStart ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date:October 7, 2025 Action Agenda Item No.8-j SUBJECT: Approval of Lease Renewal Amendment for IFC HomeStart DEPARTMENT: Asset Management Services ATTACHMENT(S): 1. Lease Renewal Amendment for IFC HomeStart 2. Resolution of Approval for the Lease Renewal Amendment INFORMATION CONTACT: Connor Wilkins, Asset Management Services Assistant Director, 919-245- 2689 Alan Dorman, Asset Management Services Director, 919-245-2627 PURPOSE: To approve a resolution authorizing a five-year renewal of the lease agreement between Orange County and Inter-Faith Council for Social Service (IFC) for three (3) buildings on the Orange County Southern Human Services Campus for IFC HomeStart. BACKGROUND: The Inter-Faith Council for Social Service (IFC) has administered transitional housing services through HomeStart since the mid-1990s. The initiative was established to meet the urgent need for short-term residential opportunities for homeless families, survivors of domestic violence, and other low-income residents of Orange County. In June 1995, the Orange County Board of Commissioners approved a long-term lease agreement with IFC for the use of approximately three acres of County-owned property on Homestead Road in Chapel Hill. The project was supported by $1.78 million in federal funding from the U.S. Department of Housing and Urban Development, supplemented by local fundraising and in-kind contributions. The lease was structured at a nominal rate of $1.00 per year in recognition of the nonprofit’s delivery of critical public services. Under the terms of the original lease, IFC assumed responsibility for all site improvements, operations, and ongoing maintenance. HomeStart has since become a cornerstone of the County’s housing support system, providing stability and assistance to families working toward independence. Renewal of the lease will preserve these services and extend the County’s longstanding partnership with IFC. The only substantive revisions to the agreement pertain to updated insurance requirements as well as an extension to the terms of the lease. These modifications align the lease with current County standards and provide enhanced protections for both IFC and the County. FINANCIAL IMPACT: There is no specific financial impact with this item. 1 ALIGNMENT WITH STRATEGIC PLAN: This item supports:  GOAL 2: HEALTHY COMMUNITY OBJECTIVE 3. Provide social safety net programming and the resources needed for our most vulnerable community members (e.g., veterans, unhoused people, foster children, older adults, etc.).  GOAL 3: HOUSING FOR ALL OBJECTIVE 2. Address need and any policy barriers to increase access to emergency shelter beds and other low-barrier housing including eviction diversion. RECOMMENDATION(S): The Manager recommends that the Board: 1. Approve and authorize the Chair to sign the resolution authorizing the renewal of the lease agreement with Inter-Faith Council for Social Service; and 2. Approve and authorize the Chair to sign the attached lease renewal amendment. 2 AƩachment 1 STATE OF NORTH CAROLINA AMENDMENT TO LEASE COUNTY OF ORANGE The lease between ORANGE COUNTY (hereinafter sometimes referred to as “County” and INTER-FAITH COUNCIL FOR SOCIAL SERVICE, INC. (hereinafter sometimes referred to as “Tenant” or “IFC”) entered into on the 30th day of July, 1995, is hereby amended as follows, and all other provisions remain in effect unless expressly mentioned herein. In the event of a conflict between the original lease and this amendment the terms of this amendment shall be controlling. Paragraph 2. The Lease term shall commence on December 1, 2025, and shall expire at midnight on November 30, 2030. Paragraph 14. Insurance and Indemnity Lessee shall procure and maintain for the duration of the lease term insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee’s operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Workers’ Compensation insurance as required by the State of North Carolina, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. 3. Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision. If the Lessee maintains broader coverage and/or higher limits than the minimums shown above, the Lessor requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Lessee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Lessor. 4. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 3 A. Additional Insured Status Lessor, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out the lease of the subject property including damage caused in whole or in part by Lessee or by those working on your behalf. General liability coverage can be provided in the form of an endorsement to the Lessee’s insurance, at least as broad as ISO Form CG 20 11 12 19 or if not available, CG 20 43 12 19. B. Primary Coverage For any claims related to this contract, the Lessee’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects the Lessor, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Lessor, its officers, officials, employees, or volunteers shall be excess of the Lessee’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. C. Legal Liability Coverage The property insurance is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 4004 02 or equivalent) with a limit equal to the replacement cost of the leased property. D. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Lessor. E. Waiver of Subrogation Lessee hereby grants to Lessor a waiver of any right to subrogation which any insurer of said Lessee may acquire against the Lessor by virtue of the payment of any loss under such insurance. Lessee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Lessor has received a waiver of subrogation endorsement from the insurer. F. Self-Insured Retentions Self-insured retentions must be declared to and approved by the Lessor. The Lessor may require the Lessee to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Lessor. G. Acceptability of Insurers 4 Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Lessor. H. Verification of Coverage Lessee shall furnish the Lessor with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All required documents are to be received and approved by the Lessor before lease commences. However, failure to obtain the documents prior to the lease beginning shall not waive the Lessee’s obligation to provide them. The Lessor reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. This the _______ day of ______________________, 2025. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. COUNTY: By: ____________________________________ [Seal] Jamezetta Bedford, Chair Attest: ____________________________________ [Seal] Laura Jensen, Clerk to the Board State of North Carolina County Of ________________ I, _________________________________________a Notary Public for said County and State, do hereby certify that Laura Jensen, personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Jamezetta Bedford, Chair of the Orange County Board of Commissioners, sealed with its official seal, and attested by herself as its Clerk. Witness my hand and official seal, this the ____ day of ____________, 20___. ____________________________________________ Notary Public My Commission Expires: ________________________________ 5 TENANT: INTER-FAITH COUNCIL FOR SOCIAL SERVICE, INC. By: _________________________________________(Seal) Jackie Jenks, President and CEO Attest:___________________________________________(Affix Corporate Seal) Tom Fenn, Corporate Secretary State of North Carolina County Of ________________ I, _________________________________________a Notary Public for said County and State, do hereby certify that ________________________appeared before me this date and acknowledged that they are the ______________________________ of INTER-FAITH COUNCIL FOR SOCIAL SERVICE, INC., and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by _____________________________ in their corporate capacity as Secretary. Witness my hand and official seal, this the ____ day of ____________, 2025. ____________________________________________ Notary Public My Commission Expires: ________________________________ 6 RES-2025-051 Attachment 2 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION LEASING PROPERTY UP TO TEN YEARS Whereas, Orange County owns property on the Southern Human Services Campus in Chapel Hill, North Carolina, consisting of three buildings (the “Premises”); and Whereas, the Inter-Faith Council for Social Service, a North Carolina nonprofit corporation, has operated transitional housing services known as HomeStart on the Premises since the mid-1990s, providing critical support for homeless families, survivors of domestic violence, and other low-income residents of Orange County; and Whereas, the Board of Commissioners of Orange County initially approved a long-term lease agreement with the Inter-Faith Council for Social Service in June 1995 for the use of the Premises, at a nominal rate of $1.00 per year, in recognition of the valuable public services provided; and Whereas, HomeStart has become a cornerstone of the County’s housing support system, offering stability and assistance to families working toward independence; and Whereas, the proposed lease renewal maintains the existing financial arrangement and incorporates updated insurance requirements in accordance with current County standards; and Whereas, North Carolina General Statute 160A-272 authorizes the lease of County-owned properties for terms of up to ten years upon resolution of the Board of Commissioners at a regular meeting after ten days’ public notice; and Whereas, in consideration of the vital public services provided by the Inter-Faith Council for Social Service, the Board of Commissioners desires to renew the lease agreement to preserve and extend this partnership. THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners hereby approves and authorizes a five-year renewal of the lease agreement with the Inter-Faith Council for Social Service for the Premises described above, ratifies the lease amendment, and directs the execution, registration, and filing of all necessary instruments accordingly. This the 7th Day of October, 2025. ________________________________ Jamezetta Bedford, Chair Orange County Board of Commissioners 7