HomeMy WebLinkAboutAgenda - 06-29-2000-8c.,
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 29, 2000
Action Agenda
Item No. ~~
SUBJECT: Lease Renewal: Probation and Parole at the Moody Building
DEPARTMENT: Purchasing 8~ Central Services PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
INFORMATION CONTACT:
Pam Jones 245-2652
Lease
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham fi88-7331
Mebane
^ i ~ i~-~r~n~n~ 33fi-227-2031
~im -- -- n-~
PURPOSE: To consider approving a lease for space at 104 Laurel Avenue, Carrboro with the
State of North Carolina for offices for its Intensive Probation and Parole function.
BACKGROUND: Since 1998 the County has leased space to the State for use by the Intensive
Probation and Parole officers. The County is responsible for providing space to a division of
Probation and Parole, who are also housed in this facility. The co-location of the Probation and
Parole officers and the Intensive teams allows the programs to coordinate better and provides
significant program advantages. The State will pay the County $14.93 per square foot for the
approximately 1,236 square feet of space they will utilize. The term of the lease being
proposed will expire on June 30, 2002, which corresponds to the expiration date of the County's
lease with the landlord.
The County assumes responsibility for cleaning and maintenance of this building, since the
County is responsible for providing space for most of the other functions housed there. The
lease rate cited reflects this higher level of service.
All other terms and conditions of the lease remain the same.
FINANCIAL IMPACT: The State will pay the County $18,456 per year in rent payments
annually for the approximately 1,236 square feet of space.
RECOMMENDATION(S): The Manager recommends that the Board approve the two-year
lease renewal through June 30, 2002 at the rate cited herein; and authorize the Chair to sign on
behalf of the Board, subject to final review by staff and the County Attorney.
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TID5 LEASE DOES NOT BECOME EFFECTIVE i1NTII. EXECUTED
SY THE NORTH CAROLINA DEPARTMENT OF ADMIl~1'ISTRATION
5TAT13 OF NORTH CAROLINA
LEASE AGREF~N'r
COUNTY OF ORANGE
THIS LEASE AGRP,ffiVffiri'!', made and entered into finis the day of
2000, by and between COY OF
erem srgn as Lessor, and the STATE OF NORTH
CAROLINA, hereinafter designated as Lessee;
WITNES5ETH:
THAT WHffitSAS, authority to approve and execute this lease agreement was
delegated w the Department of Administration by resolution adopted by the (3vvernor
and Council of State an the 1st day of September, 1981; and as amended on December
7'~, 1999, and
WHBREAS, the parties hereto have mutually agreed to the terms of this lease
agreement as hereinafter set out,
NOW FORS, 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 City
of Carrbora, County of Orange, North Carolina, more particularly described as
follows:
Being t 1,236 net square feet of office space located at 103 Laurel Avenue,
Carrboro, Orange County, North Carolina
(DEPARZ'1VIENT OF CORRECTION - Probation/Parale
THS TERMS AND CONDITIONS OF THI5 LEASE AGREIIViSi~IT ARl3 AS
FOLLOWS:
1. The term of this leax shall be far a period of Two (2) Years commencing
on the 1st day of July, 2000, or as soon thereafter as the leased premises are ceded to
the Lessee and terminating on the 30'~ day of June, 2002.
2. The Lessee shall pay w the Lessor as rental for said premises the sum of
$18,456.Qa Dollars per annum, which sum shall be laid in equal monthly installments
of $1,538.Oa Dollars, said rental to be payable within fifteen (15) days from receipt of
invoice in tripli~te.
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.
3
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. Janitorial services and supplies. Mait~tenar-ce of lawns, parking areas,
common areas and disposal of trash.
C. All utilities except telephone.
D. Parking
E. The lessor covenants that the leased premises are generally accessible to
persons with disabilities. This shall include access into the premises from the
parking auras (where applicable), into the premises via any common areas of the
building and access to an accessible rest~mom.
4. Dozing the lease term, the Lessor shall keel the leased p_~+~~ 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, air conditioning and ventilating equipment filter pads, if
applicable, azul broken glass. In case Lessor shall, after notice m wrrttng from the
Lessee in regard W a specified condition, fail, refuse, or neglect to con~et•,t 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 mains such repair at its own
cost and to deduct the amount thereof from the rent that ma~+ then be thereafter become
due her~rtder. 'I~e 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 hereinabor-e set forth, have the -leased pruxnises in a condition satisfactory to
Lessee, including repairs, Painting, partitioning, remodeling, plumbing and electrical
wiring suitable for the purposes for which the leased premises will be used by Lessee.
6. T7re Lessee shall have the right during the existence of this lease, with the
Lessor's prior consent, W make alterations, attach fixtures and equipment, and ez+ecz
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 poor lceae of a-hich this lease i$ 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 m remove any improvement
or fixture placed by it on the premises or to zestore 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.
4
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 appOrlionment of the rent until the damage has been
During such period of repair, Lessee shall have the right to obtain similar
space at the expense of Lessee or the I:essee may terminate the lease by giving
fifteen (15) days written notice m the Lessor.
S. 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 perfrnm 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 ue as good order and condition as when recerved, reasonable use and
wear and damage bar fire, waz, ruts, insun+ection, Public calamity, by the elements, by
act of Ci~od, or by circumstances over which Lessee had no control or for which Lessor
is responsible pursuant to this lease, excepted.
10. The Lessor aggrreeeess that the Lessee, upon keeping and performing the
covenants and agreements herein contained, shall at all times durwg 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. Na modification of an~r provision hereof and no
cancellation or surrender thereof shall be valid unless in wntmg and signed and agreed
to by both parties. '
12. Any bald 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 faz 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 aced subject to the appn~priation, allocation or availability of
funds for this purpose to the agency of the Lessee responsible for payment of said
rental. The parties W this lease also agree that in the event the agency of the Lessee ar
that body responsible for the appropriations of said funds, en its sale 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 ],eased herein, it may choose to terminate the lease agreement set forth herein
by giving. Lessor written nottce of said termination, and the lease agreement shall
terminate immediately without any further liability tQ Lessee.
1a. All premises, including fixtures and appurtenances, provided under this
lease shall functcon before, during and after the date change at January 1, 2000 at the
same level for which the premises were originally leased without additcanal cast to the
Lessee. This includes, but is not limited to, the functioning of mechanical or electrical
systems, heating, ventilating and air conditioning ("I3VAC") systems, power supply,
water supply, fue control, security, and, facility use components such as elevators,
timer automated doors, and signage.
l5. All notices herein provided to be given, ar which may be given by either
party to the other, shall be deemed to have been fully given when made in writing anal
deposited in the United States mail, caertified and postage Prepaid and addressed as
follows: To the Lessor at 132 Sang Street, Hillsborough, North Carolina 27278 and
the Lessee at 2020 Yonkers Road, 4227 Mail Service Center, Raleigh, North
Carolina 27b99-4227. Nothing herein contained shall preclude the giving of such
notice by personal service. The address W which notices shaIl be mailed as afomsaid to
either party may be changed by written notice.
IN 'TESTIMONY WHBREOF, this lease has been executed by the pasties
hereto, in duplicate originals, as of the dale first above written.
STATB OP NORTH CAROLINA
BY: (SEAL)
TITLE: Director
State Property office
LESSOR:
County of Or,tage
(SEAL)
o County Commissioners
ATTEST:
Sec e~y
(COrRPORATE SEAL)
b,
STATE OF NORTH CAROLINA
COUNTY OF WAKE,
I, a Notary Public is and for the
County of Johnston and State aforesaid, do hereby ceztify that JOSEPH H.
SENllERSON, personally appeared before me this date and acknowledged the due
execution by him of the foregoing instrument as Director of State Property Office of
the Department of Administration of the State of North Carolina, for the purposes
therein expressed:
WTI1V'PSS my hand and Notarial Seal, this -the day of
2000.
My Commission 13xpix+es:
STATE OP
COiJNTY OF
I, , a Notary Public in and for the County
and State aforesaid, do hereby certify that
~~
personally came before me this day and acknowledge that he/she is Secretary to the
Board of County Commissioners of Orange County, and that by authority duly given
and as an act of Orange County, the foregoing insavmern was signed by
its Chair of the Board of County Commissioners, attested
by herself as Secretary, and sealed with its Corporation seal.
iN WITNESS VV~iBREOF, I have hereanto set my hand and Notarial Seal this
the day of , 2000.
Notary Pu c
My Ccm,micaiep, i?icpir+es