Agenda Packet August 3 2015PERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
August 3, 2015
6:00pm
CALL TO ORDER…………………………………………………. Chairman Puryear
ITEM #1
Closed Session #1 for the purpose of considering appointment of individuals through
an informal interview process with applicants of boards and committees per General
Statutes 143-318.11(a)(6) for the following:
A. Jury Commission
B. Library Advisory Board
C. Piedmont Community College Board of Trustees
D. Person-Caswell Lake Authority
E. Planning Board
Return to Open Session for Board discussion and action as deemed appropriate
Recess to the regularly scheduled meeting at 7:00 pm
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7:00pm
CALL TO ORDER…………………………………………………. Chairman Puryear
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
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PUBLIC HEARING:
ITEM #2
Request by North Park Drive LLC, representing
Spuntech Industries, Inc., to rezone 71.23 acres of a
181 acre parcel (Tax Map A58 Parcel 35) located on
Boston Road (US 501 N) from Rural Conservation to
General Industrial ………………………………………………………... Mike Ciriello
ITEM #3
Consideration to Grant or Deny Request by North Park
Drive LLC, representing Spuntech Industries, Inc., to rezone
71.23 acres of a 181 acre parcel (Tax Map A58 Parcel 35)
located on Boston Road (US 501 N) from Rural Conservation to
General Industrial …………………………………………………. Chairman Puryear
INFORMAL COMMENTS
The Person County Board of Commissioners established a 10 minute segment
which is open for informal comments and/or questions from citizens of this
county on issues, other than those issues for which a public hearing has been
scheduled. The time will be divided equally among those wishing to comment.
It is requested that any person who wishes to address the Board, register with
the Clerk to the Board prior to the meeting.
ITEM #4
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A. Approval of Minutes of July 20, 2015, and
B. Lease Agreement with Philips Medical Capital (EMS Defibrillators)
UNFINISHED BUSINESS:
ITEM #5
Appointments to Boards and Committees ……………………………. Brenda Reaves
A. Jury Commission
B. Library Advisory Board
C. Piedmont Community College Board of Trustees
D. Person-Caswell Lake Authority
E. Planning Board
F. Economic Development Commission
G. Nursing Home Advisory Committee
NEW BUSINESS:
ITEM #6
Woodland Tower Lease ……………………………………………………... Sybil Tate
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board.
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PUBLIC NOTICE
The Person County Board of Commissioners, by action at its meeting on
July 20, 2015, has recessed the meeting until August 3, 2015 at 6:00pm. The
meeting will be held in the Board’s usual meeting room 215 in the County Office
Building.
Brenda B. Reaves, NCCCC, CMC
Clerk to the Board
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PERSON COUNTY BOARD OF COUNTY COMMISSIONER’S
PUBLIC HEARING NOTICE
The Person County Board of County Commissioners will hold a
public hearing on Monday, August 3, 2015 at 7:00 p.m. in Room
215 of the Person County Office Building at 304 South Morgan
Street , Roxboro, North Carolina to hear the following:
Request by North Park Drive LLC, representing Spuntech
Industries, Inc., to rezone 71.23 acres of a 181 acre parcel
(Tax Map A58 Parcel 35) located on Boston Road (US 501 N)
from Rural Conservation to GI (General Industrial)
Citizens will have an opportunity to speak regarding the above
requests.
Site-specific information is on file with the Person County Planning
and Zoning Department, 325 S. Morgan Street, Suite B.
Mike Ciriello
Planning Director
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AGENDA ABSTRACT
Meeting Date: August 3, 2015
Agenda Title: Public Hearing – Request by North Park Drive LLC, representing
Spuntech Industries, Inc., to rezone 71.23 acres of a 181 acre parcel (Tax Map A58 Parcel 35)
located on Boston Road (US 501 N) from Rural Conservation (RC) to General Industrial (GI)
Summary Information: The request is to rezone 71.23 acres of a 181.34 acre parcel
located on Boston Road, US 501 N from Rural Conservation to General Industrial. If rezoned,
all land uses permitted in the GI District will be allowed and would accommodate future
industrial uses and/or expansion of existing industrial facilities on adjacent parcels.
The general intent of the GI, General Industrial District shall be to provide suitable locations
for service, manufacturing and warehousing activities which are non-noxious.
The area along Boston Road is primarily zoned Rural Conservation but there are some
residential and B-1 properties. There are two parcels that are zoned B-1 (Highway
Commercial, one is the Bull Pen (formerly Outer Limits) and the other parcel is vacant.
Immediately adjacent to the parcel on Boston Road there is a mixture of vacant land, single
family dwellings and an auto repair garage. The property immediately west of the site is
owned by North Park Drive LLC and it is zone General Industrial. This is the location of
Spuntech on North Park Drive.
Adjacent and to the north along North Park Drive is Georgia Pacific.
The Planning Board held a Public Hearing on June 11, 2015. The Board voted 4 to 0 to
recommend approval of the rezoning provided the 71.23 acres is recombined with Tax Map
A58 Parcel 124.
The Board found that the rezoning was consistent with the Comprehensive Plan.
Recommended Action: Vote to approve or deny the rezoning
Submitted By: Michael Ciriello, Planning Director
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REZONING REQUEST RZ-02-15
APPLICANT NORTH PARK DRIVE LLC
PROPERTY OWNER NORTH PARK DRIVE LLC
REQUEST REZONE PROPERTY ON NORTH SIDE OF BOSTON ROAD, US
501 N, (TAX MAP A58, PARCEL35) FROM RURAL
CONSERVATION (RC) TO GI (GENERAL INDUSTRIAL)
LOCATION BOSTON ROAD, US 501 N
WOODSDALE TOWNSHIP
BACKGROUND AND SUMMARY
The County has received an application from North Park Drive LLC to amend the official
zoning map. The request is to rezone 71.23 acres of a 181.34 acre parcel located on
Boston Road, US 501 N from Rural Conservation to General Industrial. If rezoned, all
land uses permitted in the GI District will be allowed. The general intent of the GI,
General Industrial District shall be to provide suitable locations for service,
manufacturing and warehousing activities which are non-noxious. The area along
Boston Road is primarily zoned Rural Conservation but there is some residential and B-1
properties. There are two parcels that are zoned B-1 (Highway Commercial, one is the
Bull Pen (formerly Outer Limits) and the other parcel is vacant. Immediately adjacent to
the parcel on Boston Road there is a mixture of vacant land, single family dwellings and
an auto repair garage. The property immediately west of the site is owned by North Park
Drive LLC and it is zone General Industrial. This is the location of Spuntech on North Park
Drive. Adjacent and to the north along North Park Drive is Georgia Pacific. That property
has been annexed by the City of Roxboro and is zoned I-2.
Attached to this report is a map showing the area and zoning of adjacent parcels.
The Person County Land Use Plan’s “Future Land Use Map” shows this area as Suburban
Residential. It is defined as Residential land uses including subdivisions and
manufactured home parks at densities of 1-3 dwelling units per acre; commercial, office,
industrial, public/institutional uses meeting locational criteria. Locational criteria for
non-residential uses within this land use category would include frontage and access to
a major State highway or secondary road, proximity to similar uses and spatial
separation from non-compatible uses such as existing residential development. Land
uses within this category could develop with or without public sewer.
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Section 160-5(B) of the Zoning Ordinance states: “The Planning Board shall provide a
written recommendation to the Board of County Commissioners that addresses that the
proposed amendment is consistent with the comprehensive plan, but a comment by the
Planning Board that a proposed amendment is inconsistent with the comprehensive
plan shall not preclude consideration or approval of the proposed amendment by the
Board of County Commissioners. Prior to adopting or rejecting any zoning amendment,
the Board of County Commissioners shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and why such action is
reasonable and in the public interest.
The Land Use Plan has Goals and Objectives for future land development within the
County. The following item is listed within this section:
2.1 Objective: Promote continued economic investment through retention and
expansion of existing industrial concerns and the recruitment of new industrial and
commercial businesses.
This parcel consists of 181.34 acres and only the western portion consisting of 71.23
acres is within the rezoning request. The 71.23 acres will be recombined with the
adjacent property (all owned by North Park Drive LLC). The remaining acreage will
continue to be zoned Rural Conservation
There is City water and sewer available on North Park Drive and could be available to
this site.
Access to the site is on US 501 North, Boston Road.
Typical uses permitted by right in the GI District are as follows: Bakery production and
wholesale sales, bottling, beverages, cabinet making, candy wholesale production and
distribution, clothing manufacture, construction trades, dairy products and processing,
dry kiln, electrical equipment manufacture and distribution, feed and seed milling,
manufactured home Industrial facility, school, textile manufacture and tobacco
processing.
There are many other uses allowed with a Special Use Permit such as asphalt and
asphalt production, bank, church, day care center, electrical generating facility, fertilizer
manufacture, food processing, furniture manufacturing, Industrial operations, machine
tool manufacture, mixing plants for concrete, non-hazardous, non-toxic solid waste
disposal, plastic fabricating, salvage operation, storage, flammable, etc. There are no
uses allowed with a Conditional Use Permit.
If the property were to remain Rural Conservation, the following uses would be
permitted by right: ABC store, retail sales, banks, bowling alley, car wash, convenience
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store, dry cleaners, single family dwelling, multi-family dwelling, fire station/law
enforcement center, funeral home, golf course, nursery (plants), professional office,
reception center for recycling, mini-storage facility, etc.
The Rural Conservation district allows other uses with a Special Use Permit such as:
asphalt and asphalt production, automobile repair, camper/recreational park, electrical
generating facility, Industrial Operations, mobile home park, private recreation for
profit, etc. Some uses allowed with a Conditional Use Permit are: flammable storage,
school, private or public; and storage of coal by products.
PHYSICAL CHARACTERISTICS
Watershed: Located in the Roanoke Watershed
Flood Hazard: There are no one hundred year flood areas on the property per
Map3720090800, dated July 25, 2006. There are some minor streams located on the
property.
CHARACTER OF THE SURROUNDING AREA
The property is located on Boston Road, US 501 North. There is a mixture of uses within
the area. Along US 501, there is vacant land, single family dwellings, an auto repair
garage and the Bull Pen. Along North Park Drive, there is Spuntech and Georgia Pacific,
all Industrial Operations.
TRAFFIC COUNTS
Per the 2013 NCDOT Traffic Count Map: 5500 ADT
ORDINANCE PROVISIONS
160-3 The Zoning Administrator shall have up to 30 days, at his or her discretion,
prior to the regular Planning Board Meeting to review petitions from the public
to amend this ordinance or Official Planning Map. Each petition unless initiated
by the Board of County Commissioners, the Planning Board, the Board of
Adjustment or the Zoning Administrator shall be accompanied by a fee as set-
out in SECTION 181-1 to defray the cost of advertising and other
administrative costs. Applications for the amendments to the Official Planning
Map and/or Planning Ordinance text shall contain at least the following:
(1). For Amendments to the Official Planning Map, a map drawn to
scale showing the exterior boundaries of the lot(s) which will be
covered by the proposed map amendment;
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(2). For amendments to the Planning Ordinance text, a copy of the
existing text provisions which the applicant proposes for
amendment, and a written statement which describes in detail
changes the applicant proposes to make to the text of the
Ordinance.
(3). The alleged error in the Official Planning Map and/or Planning
Ordinance Text which will be corrected by the proposed
amendment with a detailed explanation of such and detailed
reasons how the proposed amendment will correct the same;
(4). The changed or changing conditions, if any, in the area or in the
County generally, which makes the proposed Official Planning
Map and/or Planning Ordinance text amendment reasonable
necessary to the promotion of the public health, safety and
general welfare;
(5). The manner in which the proposed Official Planning Map and/or
Planning Ordinance text amendment will carry out the intent and
purpose of the Comprehensive Plan or part thereof; and,
(6). All other circumstances, factors and reasons which the applicant
offers in support of the proposed Official Planning Map and/or
Planning Ordinance text amendment.
(Amended 8/5/96)
160-4 After submission of an application, the Zoning Administrator will schedule a
public hearing for the planning board. When the provisions of the ordinance
require that written or mailed notices be required, the Zoning Administrator
will be responsible for mailing the written notices to all abutting property
owners including the applicant. If required, the applicant at his expense shall
post the notice on weatherproof signs, one sign per each road frontage and no
more than 25’ from the street right of way. Signs must be clearly visible from
the street and designate “Zoning Proposal Pending” with the phone number of
the Person County Planning office. A notice of such public hearing shall be
published once a week for two (2) consecutive weeks in a newspaper of
general circulation in Person County. Said notice shall be published the first
time not less than ten (10) days and not more than twenty-five (25) days prior
to the date established for such public hearing. (Amended 11/5/01)
160-5 The Planning Board shall have sixty (60) days after the public hearing specified in
SECTION 160-4 within which to submit its recommendations to the Board of
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Commissioners. Failure of the Board to submit its recommendation within this
time period shall constitute a favorable recommendation.
160-6 The Board of County Commissioners shall consider requests at the next regular
scheduled meeting of the Board following receipt of the Planning
Board’s recommendation and after notice of the public hearing is provided in
accordance with Section 160-7.
160-7 The County Manager or designate is authorized to set the public hearing
date immediately following the Planning Board recommendation and after
notice of the public hearing is provided in accordance with Section 160-7.
STAFF COMMENTS
This is a request to rezone 71.23 acres of a 181.34 acre parcel from RC (Rural
Conservation) to GI (General Industrial). The remaining portion which will consist of
110.11 acres will remain zoned RC. If the rezoning is approved, the 71.23 acres will be
recombined with Tax Map A58 Parcel 124 and access will on North Park Drive. The
remaining acreage will have access on Boston Road.
Attached to this report is an article on Spot Zoning from the Institute of Government,
and a map showing the property in question and surrounding properties. The properties
immediately adjacent are primarily zoned Rural Conservation but the Spuntech property
on North Park Drive is zoned GI (General Industrial).
There are four factors in determining a reasonable basis for spot zoning. They are as
follows:
1. Size of tract. The general rule is the smaller the tract, the more likely the
rezoning will be held invalid.
2. Compatibility with Plan. Need to see if the rezoning fits into a larger context
involving rational planning for the community.
3. Benefits and Detriments. Who benefits and who is harmed from the rezoning.
Need to look at the property owner and the neighbors.
4. Relationship of Uses. Need to look at the relationship between the proposed
uses and the current uses of adjacent properties.
The Planning Board has the following options in a recommendation to the County
Commissioners:
1. Approve the rezoning request as submitted. If approved, the 71.23 acres to be
recombined with Tax Map A58 Parcel 124.
2. Deny the rezoning request.
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The Board needs to address the compatibility with the Comprehensive plan in making
their recommendation.
PLANNING BOARD REVIEW
The Planning Board held a Public Hearing on June 11, 2015. The Board voted 4 to 0 to
recommend approval of the rezoning provided the 71.23 acres is recombined with Tax
Map A58 Parcel 124. The Board found that the rezoning was consistent with the
Comprehensive Plan.
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July 20, 2015
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PERSON COUNTY BOARD OF COMMISSIONERS JULY 20, 2015
MEMBERS PRESENT OTHERS PRESENT
Kyle W. Puryear Heidi York, County Manager
David Newell, Sr. C. Ronald Aycock, County Attorney
B. Ray Jeffers Brenda B. Reaves, Clerk to the Board
Jimmy B. Clayton
Tracey L. Kendrick
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, July 20, 2015 at 9:00 am in the Commissioners’ meeting room
in the Person County Office Building.
Chairman Puryear called the meeting to order. Commissioner Kendrick gave an
invocation and Vice Chairman Newell led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Kendrick and carried 5-0 to approve the
agenda.
RECOGNITION:
RESOLUTION OF APPRECIATION FOR RETIREE:
Chairman Puryear read and presented a Resolution of Appreciation to Person
County retiree, Wes Lail. Board members thanked Mr. Lail for his service to Person
County.
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INFORMAL COMMENTS:
There were no comments from the public.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Kendrick and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of June 1, 2015, June 3, 2015 and June 15, 2015,
B. Budget Amendment #1,
C. Resolution – Stepping Up Initiative to Reduce the Number of People with Mental
Illnesses in Jails,
D. DSS Attorney Contracts, and
E. Tax Adjustments for the month of July 2015
a. Tax Releases,
b. NC Vehicle Tax System pending refunds
CANCER DEATH RATE STUDY – WITHIN A 2-MILE RADIUS OF THE UPPER
PIEDMONT LANDFILL:
Health Director, Janet Clayton stated as a follow-up to the initial cancer death rate
study of Person County dated April 1, 2015, a cancer death rate study was requested to
more specifically investigate a 2-mile radius surrounding 9550 Oxford Road, also known
as the Upper Piedmont Landfill. Ms. Clayton introduced Dr. Rick Langley of the
Occupational and Environmental Epidemiology Branch of the North Carolina Division of
Public Health to present to the Board the state’s results.
Dr. Langley stated the following types of metals: barium, cobalt, copper and zinc
show elevated levels around the landfill.
Dr. Langley noted Dr. Ken Rudo, State Toxicologist, will meet with the Person
County Health Director, Janet Clayton on July 21, 2015 to review sampling of well water
located within a 2-mile radius of the landfill.
The correspondence dated May 28, 2015 describing the results of the study follows:
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Dr. Langley reported the following Person County Cluster Analysis to the Board:
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NEW BUSINESS:
ECONOMIC DEVELOPMENT COMMISSION:
Mr. Kenneth Perry, Chairman of the Economic Development Commission
addressed the Board for input related to the expectations and/or improvements for the
Economic Development Commission (EDC).
Commissioner Kendrick stated without the interstate system to help Person County,
he felt smaller projects to grow into larger projects would be his expectation for EDC.
Commissioner Jeffers noted the EDC should continue its transparency, working
with regional partners in collaboration as well as small business partnerships.
Commissioner Clayton stated having the EDC to continue to meet regularly,
continue to support the director, and state level partnerships was important and he prefers
expending economic incentives based on performance measures.
Vice Chairman Newell stated the current EDC has politics that should be put aside
and to go forward as one body with each member taking on the role as a recruiter.
Chairman Puryear noted transparency, communication with the Board of
Commissioners, management of funds related to consultants and legal fees as well as to
seek community leaders’ input as his expectations for EDC.
Mr. Perry told the Board that Representative Larry Yarborough has been appointed
to the state’s budget committee noting the Senate’s provision in the budget to allocate
additional state sales tax to rural counties could benefit Person County in a great way
should it be adopted. Commissioner Jeffers commented that the NC Association of County
Commissioners’ Board of Directors recently met with the Senior Finance Chair with the
House noting there is a divide of urban versus rural on the state sales tax and the opinion
is that there may not be a state budget adopted until after the first of the year (2016) with a
continuance resolution in place so there is more time to further review the details of the
state sales tax.
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RESOLUTION AUTHORIZING A CONTRACT BETWEEN PERSON COUNTY
AND THE ROXBORO BUILDING COMPANY, INC. WHICH INVOLVES A
COUNTY COMMISSIONER AS SHAREHOLDER:
County Attorney, Ron Aycock noted Person County recently contracted for the
renovations of the Kirby Theatre. The parking lot located behind the Kirby Theatre,
accessed by Reams Avenue, is owned by the Roxboro Building Company, Inc. This
parking lot has been used by patrons of the Kirby for many years. During the renovation,
this parking lot was damaged. The County and Roxboro Building Company, Inc. wish to
partner on the repaving of the parking lot. The total cost of the full repaving is $22,340
with both the County and the Roxboro Building Company, Inc. paying $11,170. Mr.
Aycock presented a Resolution authorizing a contract between Person County and the
Roxboro Building Company, Inc. which involves a county commissioner as a shareholder
noting the agreement for this cost sharing was contingent upon the approval by the Board
of the Resolution.
Mr. Aycock stated Vice Chairman David Newell, Sr. is a shareholder of Roxboro
Building Company, Inc. owning in excess of a 10% interest. North Carolina General
Statute 14-234 titled Public officers or employees benefiting from public contracts;
exceptions- provides for an exemption of the prohibition of contracting on behalf of a
public agency when they will derive a direct benefit from a contract. The exemption is
allowed for counties with no city population over 15,000. The following requirements must
be met in order to allow the exemption:
a) The contract may not exceed $40,000 in value,
b) The affected commissioner must abstain from voting,
c) The County must post on the County Bulletin Board, notice showing the name of
the county commissioner, the amount of the contract, and a brief explanation, and
d) The contract must be noted in the independent auditor’s next fiscal audit.
A motion was made by Commissioner Kendrick and carried 4-0 to recuse Vice
Chairman Newell from Board action related to a Resolution authorizing a contract between
Person County and the Roxboro Building Company, Inc., which involves a county
commissioner as shareholder. Vice Chairman Newell did not participate in the vote.
A motion was made by Commissioner Clayton and carried 4-0 to adopt a
Resolution authorizing a contract involving a County Commissioner pursuant to NC
General Statute 14-234 as presented. Vice Chairman Newell did not participate in the vote.
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TAX COLLECTOR SETTLEMENT:
Tax Administrator, Russell Jones stated as required by General Statute 105-
373(a)(3), an annual settlement for taxes for the current fiscal year and all previous years
must be made with the governing body of the taxing unit. Mr. Jones presented to the Board
the following:
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A motion was made by Vice Chairman Newell and carried 5-0 to accept the Tax
Collector Settlement as presented.
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ORDER TO COLLECT TAXES:
Tax Administrator, Russell Jones stated as required by General Statute 105-321,
the governing board of the taxing unit must issue an order of collection to tax collectors.
The Order gives the tax collector legal authority to collect taxes.
A motion was made by Vice Chairman Newell and carried 5-0 to direct Person
County’s Tax Collector to collect taxes for 2015 and all delinquent taxes from prior years.
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RE-APPOINTMENT OF COUNTY ASSESSOR:
Tax Administrator, Russell Jones stated as required by General Statute 105-294(a),
the Person County Board of Commissioners must appoint a Tax Assessor. The Board of
Commissioners appointed the current tax assessor, Russell Jones, on July 5, 2011 for a four
year term, which will expire this month. The current tax assessor is certified by the North
Carolina Department of Revenue as an Assessor, and therefore eligible for a four year
appointment. It is customary for counties to appoint an Assessor for the full four year term.
§ 105-294. County assessor.
(a) Appointment. – Persons occupying the position of county assessor on July 1, 1983,
shall continue in office until the first Monday in July, 1983. At its first regular meeting
in July, 1983, and every two years or four years thereafter, as appropriate, the board of
county commissioners of each county shall appoint a county assessor to serve a term
of not less than two nor more than four years; provided, however, that no person shall
be eligible for initial appointment to a term of more than two years unless such person
is deemed to be qualified as provided in subsection (b) of this section or has been
certified by the Department of Revenue as provided in subsection (c) of this section.
The board of commissioners may remove the assessor from office during his term for
good cause after giving him notice in writing and an opportunity to appear and be heard
at a public session of the board. Whenever a vacancy occurs in this office, the board of
county commissioners shall appoint a qualified person to serve as county assessor for
the period of the unexpired term.
A motion was made by Vice Chairman Newell to appoint Russell Jones as Person
County’s Tax Assessor for a designated term of two years.
A substitute motion was made by Commissioner Jeffers and failed 2-3 to appoint
Russell Jones as Person County’s Tax Assessor for a designated term of four years.
Commissioners Jeffers and Clayton voted in favor of the substitute motion. Chairman
Puryear, Vice Chairman Newell and Commissioner Kendrick voted in opposition to the
substitute motion.
The original motion carried 3-2. Vice Chairman Newell, Chairman Puryear and
Commissioner Kendrick voted in favor of the original motion. Commissioners Jeffers and
Clayton voted in opposition to the original motion.
Chairman Puryear administered the County Tax Assessor oath to Mr. Russell Jones.
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DESIGNATION OF VOTING DELEGATE TO NC ASSOCIATION OF COUNTY
COMMISSIONERS ANNUAL CONFERENCE:
Chairman Puryear asked Board consideration to designate Person County’s voting
delegate for the NC Association of County Commissioners annual conference scheduled
for August 20-23, 2015 in Pitt County.
A motion was made by Commissioner Jeffers and carried 5-0 to designate
Commissioner Clayton as Person County’s voting delegate for the NC Association of
County Commissioners annual conference in Pitt County on August 20-23, 2015.
CHAIRMAN’S REPORT:
Chairman Puryear reminded the Board members that on August 3, 2015 at 6:00pm,
the Board would hold the informal interview process with candidates for certain boards
and committees.
MANAGER’S REPORT:
County Manager, Heidi York stated copies of the final document containing the
adopted Fiscal Year 2015-2016 budget was placed at the Board member’s seats. Ms. York
updated the Board on the solid waste study Request For Proposals noting the bids was
coming in under the $100,000 budgeted amount. Ms. York noted the Request for
Qualifications have been evaluated by a committee to select an architect for the Senior
Center project.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Newell publicly apologized to Commissioner Jeffers for a comment
he directed to him in the last Board meeting as well as apologized to the Board for his
conduct.
Commissioner Kendrick reported resources at the Person County Library for
continuing education classes, foreign language programs and he encouraged citizens to
take advantage of such.
Commissioner Clayton congratulated Commissioner Jeffers for being elected to the
National Association of Counties’ board. Commissioner Clayton asked the County
Manager to confirm if a meeting was being scheduled for the Chairman and Vice Chairman
for each the Museum of History, Tourism Development Authority and the Commissioners
to which Ms. York replied affirmatively.
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Commissioner Jeffers commented that he and Commissioner Tracey Johnson of
Washington County were elected by the NC Association of County Commissioners’ voting
delegates for all 100 counties to be state representatives on the national board for a three
year term. Commissioner Jeffers reported the Fire Chiefs were pleased with the county’s
funding programs. Commissioner Jeffers recognized the Director of Social Services,
Carlton Paylor, Assistant County Manager, Sybil Tate and the Summer Intern, Caley
Trujillo for their efforts to make the human services event a success.
RECESS:
A motion was made by Vice Chairman Newell and carried 5-0 to recess the
meeting at 9:59am until 6:00pm on August 3, 2015.
_____________________________ ______________________________
Brenda B. Reaves Kyle W. Puryear
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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AGENDA ABSTRACT
Meeting Date: August 3, 2015
Agenda Title: Appointments to Boards and Committees
Summary of Information:
On June 15, 2015, the Person County Board of Commissioners took action to hold the informal
interview process to aid in the process for appointments to the following boards and committees.
Attached are interested citizen applications for consideration for appointments.
- Jury Commission
2-Year Term; 1 position available
1) Bayard R. Crumpton requests reappointment
2) Carmen Lou Giggey requests appointment
- Library Advisory Board
3-Year Term: 2 positions available
1) Margaret McMann requests reappointment
2) Robert A. Bridges requests appointment
3) Riley J. Oakley, Jr. requests appointment
4) Charles Harvey requests appointment
- Piedmont Community College Board of Trustees
4-Year Term; 1 position available
1) Charles Harvey requests appointment
2) Tommy Humphries requests appointment
3) James J. Woody requests appointment
4) Merilyn P. Newell requests appointment
5) Alan R. Whitlow requests appointment
- Person-Caswell Lake Authority
3-Year Term: 1 position available
1) Gil Stovall requests reappointment
2) Michael Boucher requests appointment
- Planning Board
3-Year Term: 2 positions available
1) Sandra Majors requests reappointment
2) Michael Riley requests appointment
3) Michael Brandon requests reappointment
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The Person County Board of Commissioners solicited volunteers to fill positions on the following
boards, commissions, authorities, and committees through advertisement in the Courier-Times
edition dated June 18, 2015 with notice to submit applications by the deadline of July 14, 2015.
Attached are interested citizen applications for consideration for appointments. The Board of
Commissioners are encouraged to recruit citizens to fill the current vacancies for those which no
applications have been received.
- Board of Adjustment
1 position to fill an unexpired term to 6/30/16, and
1 position for an unspecified term for an alternate
- No applications received.
- Economic Development Commission
1 position available for an unexpired term to 6/30/17 for a representative of a business with a
presence in Person County
1) Jeff Fitzgerald requests appointment
- Industrial Facilities and Pollution Control Financing Authority
6-Year Term; 2 positions available – No applications received.
- Juvenile Crime Prevention Council
1-Year Initial Term; 2-Year Reappointment
1 position available for a member of the business community;
1 position available for a substance abuse professional;
2-Year Term:
1 citizen-at-large position;
1 position for the Chief of Police or his designee;
1 position for the District Attorney or his designee;
1 position for a representative from the Department of Social Services.
- No Applications received.
- Nursing Home Advisory Committee
1-Year Initial Term; 3-Year Reappointment; 3 positions available
1) Geraldine Yancey requests reappointment
Recommended Action: Board nomination for appointment as deemed appropriate.
Submitted By: Brenda B. Reaves, Clerk to the Board
Note: Highlights denote competitive board.
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AGENDA ABSTRACT
Meeting Date: August 3, 2015
Agenda Title: Woodland tower lease
Background information:
At the April 20th BOC meeting, the Board approved a proposal to lease the Woodland School tower
site to the State for construction of a VIPER tower.
Summary of Information:
Attached is a copy of the lease agreement from the Attorney General’s Office. It has been reviewed
and approved by the County Attorney. Representative from the State will be available to answer
questions regarding the terms and conditions of the lease.
Recommended Action: Approve the lease.
Submitted By: Assistant County Manager, Sybil Tate
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STATE OF NORTH CAROLINA
GROUND LEASE AGREEMENT
COUNTY OF PERSON
THIS GROUND LEASE AGREEMENT (“Lease”), made and entered into as of the last
date set forth in the notary acknowledgements below by and between the COUNTY OF PERSON,
a political subdivision of the State of North Carolina, hereinafter referred to as “Lessor”; and the
STATE OF NORTH CAROLINA, a body politic and corporate, hereinafter referred to as “Lessee”
(Lessor and Lessee each individually referred to herein as a “Party” and collectively referred to
herein as the “Parties”);
W I T N E S S E T H:
THAT WHEREAS, the North Carolina Department of Public Safety, Division of the Law
Enforcement, State Highway Patrol has requested and approved the execution of this instrument
for the purposes herein specified; and
WHEREAS, the execution of this Lease for and on behalf of Lessee has been duly approved
by the Governor and Council of State at a meeting held in the City of Raleigh, North Carolina, on
the 2nd day of June, 2015; and
WHEREAS, the Parties have mutually agreed to the terms of this Lease as hereinafter set
out.
NOW THEREFORE, in consideration of the Premises, as described herein, and the
promises and covenants contained in the terms and conditions hereinafter set forth, Lessor does
hereby rent, lease and demise unto Lessee for and during the term and under the terms and
conditions hereinafter set forth, the Premises with all rights, privileges and appurtenances thereto
belonging.
The terms and conditions of this Lease are as follows:
1. Premises. The “Premises” means that certain parcel or tract of land containing 0.6 acres,
more or less, lying and being in Cunningham Township, Person County, North Carolina having an
address of 7391 Semora Road, Semora, North Carolina 27343 and being more particularly shown
and described as “VARIABLE WIDTH LEASE AREA PARCEL ‘A’” on a survey for the project
known as “HYCO LAKE SITE #HP-1130 SCO ID # 10-08820-01L” prepared by Tower
Engineering Professionals (TEP #: 57546), dated February 11, 2015 (sheet 2 of 2), attached hereto
and incorporated herein as Exhibit A.
2. Term. The term of this Lease shall be for a period of twenty-five (25) years, commencing
on the 1st day of July, 2015 and terminating on the 30th day of June, 2040 (the “Initial Term”).
This Lease shall automatically be renewed for one (1) additional twenty-five (25) year period (the
“Renewal Term”) upon all the terms and conditions set forth herein; provided that Lessee, in its
sole discretion, may elect not to renew this Lease by giving Lessor not less than sixty (60) days
advance written notice prior to the end of the Initial Term (the Initial Term and the Renewal Term
are collectively referred to herein as the “Term”).
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3. Rent. Lessee shall pay to Lessor as rental for the Premises, the sum of ONE DOLLAR
($1.00) for the Term.
4. Equipment / Use / Fixtures. Lessee shall use the Premises for the purpose of constructing
and installing a 280' self-supporting communications tower (the “Tower”), equipment building
(the “Building”), concrete generator pad, ice bridge structure, fencing and related improvements
and for the purpose of installing, operating, maintaining, repairing, replacing and removing,
intellirepeaters, microwave dishes, batteries, chargers, UPS, generator transfer switch(s), antennas,
transmission lines, waveguides, cables, wires, receivers, generator(s) and other communications
equipment (all such equipment whether located in the Building or on the Tower being collectively
referred to herein as the “Communications Equipment”). Lessee intends to primarily use the
Communications Equipment to support its Voice Interoperability Plan for Emergency Responders
(“VIPER”) strategic communications system. Lessee shall not use or knowingly permit any part
of the Premises to be used for any unlawful purpose, nor for any purpose or in any manner which
is in violation of any present or future Federal, State or local governmental laws or regulations, or
which will constitute a public or private nuisance, nor for any business, use, or purpose deemed
disreputable or extra hazardous. Lessee agrees that the use and operation of its Communications
Equipment shall be consistent with the quiet use, enjoyment, and occupancy of Lessor. Lessor
agrees that the Tower, the Building, the Communications Equipment and any other items
belonging to Lessee on the Premises, shall remain the property of Lessee and shall not be, become,
or be deemed by Lessor to be fixtures upon the Premises.
5. Maintenance / Utilities. Lessee shall be responsible for the maintenance and operation of
the Tower, the Building and the Communications Equipment, including, but not limited to all
utility charges attributable to Lessee’s use of the Premises. Lessee shall repair at its own expense
damage to the Tower, the Building or the Communications Equipment, which is the result of
Lessee’s use of the Premises except if such cost arises out of the negligent or wrongful acts or
omissions of Lessor or its agents.
6. Access. Lessor grants to Lessee an appurtenant easement for ingress and egress over and
upon that portion of its property identified and being more particularly described as “25' ACCESS
AND UTILITY EASEMENT PARCEL ‘B’” on a survey for the project known as “HYCO LAKE
SITE #HP-1130 SCO ID # 10-08820-01L” prepared by Tower Engineering Professionals (TEP #:
57546), dated February 11, 2015 (sheet 2 of 2), attached hereto and incorporated herein as Exhibit
A. Lessor warrants and represents that it has the right to convey the easement for ingress and
egress hereby granted. Lessee shall be responsible for the cost of repairing any damage caused by
Lessee’s use of said easement.
7. Insurance & Liability.
(a) Lessor agrees that Lessee’s decision to self-insure satisfies all insurance
requirements of this Lease applicable to Lessee.
(b) As between Lessee and Lessor, Lessee, subject to the terms of this Lease, will be
primarily liable for the negligent or intentional acts or omissions of its agents and employees. As
to third parties, Lessee is an immune sovereign and is not ordinarily subject to suit. However,
Lessee has enacted Chapter 143, Article 31, of the North Carolina General Statutes (the “Tort
Claims Act”), pursuant to which the Lessee may be liable for the torts of its officers and employees,
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within the terms of the Tort Claims Act; accordingly, Lessee will be primarily liable for any claims
within the coverage of the Tort Claims Act. No provision of this Lease shall be construed as
constituting a waiver of Lessee’s sovereign immunity or Lessee’s immunity under the Eleventh
Amendment of the Constitution of the United States.
(c) As between Lessor and Lessee, Lessor, subject to the terms of this Lease, shall be
primarily liable for the negligent or intentional acts or omissions of its agents and employees. As
to third parties, Lessor, solely to the extent indemnified by an insurance policy such that any
amounts paid by Lessor to Lessee comes from insurance proceeds and not from Lessor’s funds,
agrees to save Lessee harmless from and against any and all loss, damage, claim, demand, liability,
or expense, including reasonable attorney fees, by reason of damage to any person(s) or property
on or about the Premises, which may arise or be claimed to have arisen as a result of the use of the
Premises by Lessee, its agents or employees, except where such loss or damage arises from the
willful or negligent misconduct of Lessee, its agents or employees.
8. Governmental Approvals & Compliance. During the Term, Lessee shall comply with all
State and Federal laws and regulations applicable to the Premises. Lessee shall obtain any
necessary State or Federal licenses or authorizations required for the installation and construction
of the Tower, Building or Communications Equipment and shall comply with government
regulations applicable to its operations, including those of the Federal Aviation Administration
(“FAA”) and the Federal Communications Commission (“FCC”).
9. Interference. The Communications Equipment and any other equipment used by Lessee
on the Tower or in the Building shall be designed, constructed, installed, maintained, and operated
in compliance with the applicable rules and regulations of the FCC and good engineering practices.
10. Condition of Tower. Lessee has the right and responsibility to repair and maintain the
Tower. Subject to other provisions contained in this Lease, Lessee, at its sole cost, except if such
cost arises out of a negligent or wrongful acts or omissions of Lessor, its contractors or agents,
shall maintain and repair the Tower, including, without limitation, the Tower lighting system and
markings and the structural integrity of the Tower. Installation, maintenance and repair of the
Tower must comply with all State and Federal, ordinances, rules and regulations, applied in a
manner consistent with standard industry practices. Such duties include, without limitation, but
subject to the other provisions contained in this Lease, the maintenance of appropriate records and
notifications to the FAA of any failure on Lessee’s part and repairs and correction of the same.
Subject to the terms of this Paragraph, Lessee assumes all responsibility for any fines, levies and
/or other penalties imposed as a result of non-compliance with said requirements of said
authorities.
11. Security. Lessor agrees and acknowledges that the Tower and the Building will be secured
by a locked fenced.
12. Taxes. If applicable, Lessee will pay any personal property taxes assessed on, or any
portion of the taxes attributable to its interest in the Tower, the Building or the Communications
Equipment.
13. Right to Terminate. Lessee may terminate this Lease, at its option, after giving not less
than thirty (30) days notice to Lessor, if:
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(a) Any governmental agency denies a request by Lessee for or revokes a permit,
license or approval, which is required for Lessee to install or operate the Tower, the
Building or the Communications Equipment on the Premises; or
(b) Lessee determines that technical problems or radio interference problems from
other antennas or from nearby radio transmitting facilities, which problems cannot
reasonably be corrected, preclude Lessee from using the Premises for its intended
purpose; or
(c) Utilities necessary for Lessee’s use of the Premises are not available to the
Premises; or
(d) The Premises or Tower is damaged or destroyed to an extent, which prohibits or
materially interferes with Lessee’s use of the Premises; or
(e) Lessee determines, in its sole discretion, that the Premises is no longer needed.
14. Termination. Upon termination of this Lease, Lessee will peaceably surrender the
Premises in as good order and condition as when received, reasonable use and wear and damage
by fire, war, riots, insurrection, public calamity, by the elements, by act of God, or by
circumstances over which Lessee had no control or for which Lessor is responsible pursuant to
this Lease, excepted. It is understood and agreed that Lessee shall have the right to remove from
the Premises: (i) the Tower; (ii) the Building and (iii) the Communications Equipment and any
other items belonging to Lessee. Lessee hereby agrees to repair to the reasonable satisfaction of
Lessor any portion of the Premises damaged by the removal of the Tower, Building or
Communications Equipment.
15. Title & Quiet Possession. Lessor agrees that Lessee, upon keeping and performing the
covenants and agreements herein contained, shall at all times during the existence of this Lease
peaceably and quietly have, hold, and enjoy the Premises free from the adverse claims of any
person. Lessor represents and warrants to Lessee that Lessor has the full right to make this Lease
and that Lessee shall have quiet and peaceful possession of the Premises throughout the Term.
16. Holdover. Any hold over after the expiration of the Term, shall be construed to be a
tenancy from month to month, and shall otherwise be on the terms and conditions herein specified,
so far as applicable; however, either Party shall give not less than sixty (60) days written notice to
terminate the tenancy.
17. Hazardous Materials.
(a) For purposes of this Lease: (i) “Hazardous Material” or “Hazardous Materials”
means and includes, without limitation, (1) solid or hazardous waste, as defined in the Resource
Conservation and Recovery Act of 1980, or in any applicable state or local law or regulation, (2)
hazardous substances, as defined in the Comprehensive Environmental Response Compensation
and Liability Act of 1980 (“CERCLA”), or in any applicable state or local law or regulation, (3)
gasoline, or any other petroleum product or by-product, (4) toxic substances, or rodenticides, as
defined in the Federal Insecticide, Fungicide, and Rodenticide Act of 1975, or in any applicable
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state or local law or regulation, as each such Act, statute, or regulation may be amended from time
to time; (ii) “Release” shall have the meaning given such term, in Environmental Laws, including,
without limitation, CERCLA; and (iii) “Environmental Law” or “Environmental Laws” shall mean
“Super Fund” or “Super Lien” law or any other federal, state, or local statute, law, ordinance, or
code, regulating, relating to or imposing liability or standards of conduct concerning any
Hazardous Materials as may now or at any time hereafter be legally in effect, including, without
limitation, the following, as same may be amended or replaced from time to time, and all
regulations promulgated and officially adopted thereunder or in connection therewith: Super Fund
Amendments and Reauthorization Act of 1986 (“SARA”); the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (“CERCLA”); The Clean Air Act (“CAA”);
the Clean Water Act (“CWA”); the Toxic Substance Control Act (“TSCA”); the Solid Waste
Disposal Act (“SWDA”), as amended by the Resource Conservation and Recovery Act (“RCRA”);
the Hazardous Waste Management System; and the Occupational Safety and Health Act of 1970
(“OSHA”). All obligations and liabilities arising under this Paragraph 17 which arise out of events
or actions occurring prior to the expiration or termination of this Lease shall survive the assignment
of this Lease and the expiration, termination, cancellation or release of record of this Lease.
(b) Lessee agrees that it will conduct its activities on the Premises in compliance with
all applicable Environmental Laws. As between Lessor and Lessee, Lessee, subject to the terms
of this Lease and to the extent permitted by the Tort Claims Act, will be primarily liable for the
existence or discovery of any Hazardous Materials on the Premises or for the migration of any
Hazardous Materials to other properties or for the release of any Hazardous Materials into the
environment in violation of applicable Environmental Laws, arising solely from Lessee’s use of
the Premises. Lessor represents warrants and agrees that it has in the past and during the term of
this Lease will conduct its activities on the Premises in compliance with all applicable
Environmental Laws and that the Premises is free of Hazardous Materials as of the date of this
Lease. Lessor shall be responsible for, and promptly conduct any investigation and remediation
as required by any Environmental Law or common law, of all spills or other release of Hazardous
Materials on the Premises, not caused solely by Lessee, that have occurred in the past or which
may occur during the Term. To the extent permitted by applicable law, Lessor agrees to be liable
and hold Lessee harmless from and against any and all liens, demands, defenses, suits,
proceedings, disbursements, liabilities, losses, litigation, damages, judgments, obligations,
penalties, injuries, costs, expenses (including, without limitation, attorneys’ and experts’ fees) and
claims of any and every kind whatsoever paid, incurred, suffered by, or asserted against Lessee
with respect to, or as a direct or indirect result of the violation of any Environmental Laws
applicable to the Premises, caused by or within the control of Lessor.
18. Availability of Funds. Lessor and Lessee agree and understand that the continuation of this
Lease for the Term is dependent upon and subject to the appropriation, allocation or availability
of funds for this purpose to the agency of Lessee responsible for payment of rent or the
maintenance and operation of the Tower, Building and Communications Equipment. Lessor and
Lessee also agree that in the event the agency of Lessee or that body responsible for the
appropriation of said funds, in its sole discretion, determines, in view of its total local operations
that available funding for the payment of rent or the maintenance and operation of the Tower,
Building and Communications Equipment are insufficient to continue the lease of the Premises, it
may choose to terminate this Lease by giving Lessor written notice of said termination, and this
Lease shall terminate immediately without any further liability to Lessee.
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19. Assignment and Subletting. Lessee shall not assign this Lease without the prior written
consent of Lessor, which consent shall not be unreasonably withheld or delayed. Lessee, in its
reasonable discretion, shall have the right to sublet the Premises in whole or in part.
20. Prohibition on Gifts. North Carolina General Statute §133-32 and Executive Order 24
prohibit the offer to, or acceptance by, any employee of Lessee of any gift from anyone with a
contract with Lessee, or from any person seeking to do business with Lessee. By execution of this
Lease, Lessor attests, for its entire organization, including its employees or agents, that it is not
aware that any such gift has been offered, accepted, or promised by any employees of its
organization.
21. Modification. No modification of any provision hereof and no cancellation or surrender
hereof shall be valid unless made in writing and signed and agreed to by both Parties.
22. Binding Effect. Subject to the provisions herein, this Lease shall extend to and bind the
Parties and their heirs, executors, administrators, successors and assigns.
23. Applicable Law. This Lease shall be governed by, construed under and interpreted and
enforced in accordance with the laws of the State of North Carolina, regardless of conflict of law
principles.
24. Effect of Waiver. The failure of either Party to insist in any instance upon strict
performance of any of the terms and conditions set forth in this Lease shall not be construed as a
waiver of the same in any other instance.
25. Complete Agreement. This Lease represents the entire agreement between the Parties
covering everything agreed upon or understood in this transaction. There are no oral promises,
conditions, representations, understandings, interpretations or terms of any kind as conditions or
inducements to the execution hereof or in effect between the Parties.
26. Severability. In case any one or more of the provisions contained in this Lease shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provision hereof and this Lease shall be construed as
if such invalid, illegal, or unenforceable provision had never been contained herein.
27. Construction. No provision of this Lease shall be construed against or interpreted to the
disadvantage of any Party by any court or other governmental or judicial authority by reason of
such Party’s having or being deemed to have prepared or imposed such provision.
28. Interpretation. The use of headings, captions and numbers in this Lease is solely for the
convenience of identifying and indexing the various provisions in this Lease and shall in no event
be considered otherwise in construing or interpreting any provision in this Lease. Feminine or
neuter pronouns shall be substituted for those of the masculine form, and the plural may be
substituted for the singular number in any place or places herein in which the context may require
such substitution or substitutions.
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29. Terms. Capitalized terms used in this Lease shall have the meanings ascribed to them at
the point where first defined, irrespective of where their use occurs, with the same effect as if the
definitions of such terms were set forth in full and at length every time such terms are used.
30. Authority. Each person executing this Lease on behalf of Lessor does hereby represent
and warrant that, if applicable: (a) Lessor is duly organized and in good standing in the State of its
organization and, if different, qualified to do business and in good standing in the State of North
Carolina, (b) Lessor has full lawful right and authority to enter into this Lease and to perform all
of its obligations hereunder, and (c) each person signing this Lease on behalf of Lessor is duly and
validly authorized to do so.
31. Counterparts. This Lease may be executed in two or more counterparts, each of which
shall be deemed an original, and all of such counterparts together shall constitute one and the same
instrument.
32. Memorandum of Lease for Recording. At the request of either Party, Lessor and Lessee
shall execute a memorandum of this Lease for recording in the public records at the requesting
Party’s sole cost and expense. The memorandum of Lease shall set forth the Parties, provide a
description of the Site, specify the Term and incorporate this Lease by reference.
33. Notices. All notices herein provided to be given, or which may be given by either Party to
the other, shall be deemed to have been fully given when made in writing and deposited in the
United States mail, certified and postage prepaid and addressed as follows:
to Lessor: County of Person
Attn: County Manager
304 South Morgan Street, Room 212
Roxboro, North Carolina 27573
to Lessee: North Carolina Department of Public Safety
Attn: VIPER Coordinator
3318 Garner Road
Raleigh, North Carolina 27610
with copy to: State Property Office
Attn: Manager, Leasing and Space Planning Section
1321 Mail Service Center
Raleigh, North Carolina 27699-1321
Nothing herein contained shall preclude the giving of such notice by Personal service. The
address to which notices shall be mailed as aforesaid to either Party may be changed by written
notice.
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IN TESTIMONY WHEREOF, this Lease has been executed by the Parties, in duplicate
originals, as of the dates set forth in the notary acknowledgements below.
LESSOR:
COUNTY OF PERSON
By: __________________________________________
Print Name: Kyle Puryear
Title: Chairman, Person County Board of Commissioners
ATTEST:
__________________________________
Brenda B. Reaves, Clerk (Seal)
STATE OF NORTH CAROLINA
COUNTY OF PERSON
I, __________________________________, a Notary Public in and for the aforesaid
County and State do hereby certify that Brenda B. Reaves personally came before me this day and
acknowledged that she is Clerk of the COUNTY OF PERSON and that by authority duly given
and as an act of the COUNTY OF PERSON, the foregoing instrument was signed by Kyle Puryear,
its Chairman of the Person County Board of Commissioners, attested by herself as Clerk and sealed
with the common seal.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the _____
day of ______________________, 2015.
____________________________________
Notary Public
My Commission Expires: ______________ Print Name: _________________________
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LESSEE:
STATE OF NORTH CAROLINA
By: ________________________________
Governor
ATTEST:
__________________________________
Secretary of State
APPROVED AS TO FORM:
ROY COOPER, Attorney General
By: __________________________________
Assistant Attorney General
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, __________________________________________, a Notary Public for
____________________ County, North Carolina, do certify that ELAINE F. MARSHALL,
Secretary of State of the State of North Carolina, personally came before me this day and
acknowledged that she is Secretary of State of the State of North Carolina, and that by authority
duly given and as an act of the State, the foregoing instrument was signed in its name by PAT
MCCRORY, Governor of the State of North Carolina, sealed with the Great Seal of the State of
North Carolina, and attested by herself as Secretary of State.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the _____
day of ______________________, 2015.
____________________________________
Notary Public
My Commission Expires: _______________ Print Name: _________________________
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EXHIBIT A
Premises Description
Survey
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STATE OF NORTH CAROLINA
SUBLEASE AGREEMENT
COUNTY OF PERSON
THIS SUBLEASE AGREEMENT (“Sublease”) made and entered into as of the last date
set forth in the notary acknowledgements below, by and between, the STATE OF NORTH
CAROLINA, a body politic and corporate, hereinafter referred to as “Sublessor”, and the
COUNTY OF PERSON, a political subdivision of the State of North Carolina, hereinafter referred
to as “Sublessee” (Sublessor and Sublessee each individually referred to herein as a “Party” and
collectively referred to herein as the “Parties”);
W I T N E S S E T H:
THAT WHEREAS, Sublessor and Sublessee entered into a ground lease agreement dated
___________________, 2015 (the “Ground Lease”), attached hereto and incorporated herein as
Exhibit A, in which the Sublessee leased to Sublessor that certain parcel or tract of land containing
0.6 acres, more or less, lying and being in Cunningham Township, Person County, North Carolina
having an address of 7391 Semora Road, Semora, North Carolina 27343 and being more
particularly shown and described as “VARIABLE WIDTH LEASE AREA PARCEL ‘A’” on a
survey for the project known as “HYCO LAKE SITE #HP-1130 SCO ID # 10-08820-01L”
prepared by Tower Engineering Professionals (TEP #: 57546), dated February 11, 2015 (sheet 2
of 2), attached hereto and incorporated herein as Exhibit B (the “Site”).
WHEREAS, pursuant to the terms of the Ground Lease, Sublessor may use the Site to
construct a communications tower, an equipment building and other infrastructure to support a
coordinated State-wide communications network known as the Voice Interoperability Plan for
Emergency Responders (“VIPER”); and
WHEREAS, Sublessor, subject to the terms and conditions set forth herein, now desires to
sublet the Premises, as defined herein, to Sublessee; and
WHEREAS, the North Carolina Department of Public Safety, Division of Law
Enforcement, State Highway Patrol has requested and approved the execution of this instrument
for the purposes herein specified; and
WHEREAS, the execution of this Sublease for and on behalf of the State of North Carolina
has been duly approved by the Governor and Council of State at a meeting held in the City of
Raleigh, North Carolina, on the 2nd day of June, 2015; and
WHEREAS, the Parties have mutually agreed to the terms of this Sublease as hereinafter
set out.
NOW THEREFORE, in consideration of the Ground Sublease, the rental hereinafter
agreed to be paid and the terms and conditions hereinafter set forth, Sublessor does hereby let and
sublease unto Sublessee and Sublessee hereby takes and subleases from Sublessor for and during
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the period of time and subject to the terms and conditions hereinafter set forth the Premises, as
more particularly described herein.
1. Premises. The “Premises” shall consist of non-exclusive space to accommodate:
accommodate seven (7) antennas located at the 200’-250' height level, one (1) antenna at the 280'
height level, one (1) microwave at the 175' height level, and three (3) microwaves at the 150' height
level on that certain 280' self-supported communications tower (“Tower”) constructed by
Sublessor on the Site (the non-exclusive space on the Tower for the location of said antennas and
microwaves being referred to herein as the “Tower Space”), along with sufficient space in
Sublessor’s equipment building (“Building”) to house five (5) 19" racks. The exact location of the
Tower Space on the Tower and space in the Building where Sublessee may locate its
Communications Equipment, as said term is defined herein, shall be designated by Sublessor in its
reasonable discretion.
2. Ground Lease Term. Pursuant to the Ground Lease, Sublessor leased the Site from
Sublessee for a term of twenty-five (25) years, commencing on the 1st day of July, 2015 and
terminating on the 30th day of June, 2040 (“Ground Lease Initial Term”) with an automatic renewal
option for one (1) additional twenty-five (25) year period (the “Ground Lease Renewal Term”).
The Ground Lease Initial Term and the Ground Lease Renewal Term are collectively referred to
herein as the “Ground Lease Term.”
3. Term. The term of this Sublease shall be for a period of twenty-five (25) years,
commencing on the 1st day of July, 2015 and terminating on the 30th day of June, 2040 (the “Initial
Term”). If at the end of the Ground Lease Initial Term the Sublessor elects not to terminate the
Ground Lease, this Sublease shall automatically be renewed for one (1) additional twenty-five (25)
year period (the “Renewal Term”) upon all the terms and conditions set forth in this Sublease. The
Initial Term and the Renewal Term are collectively referred to herein as the “Term.”
4. Rent. Sublessee shall pay to Sublessor as rental for the Premises, the sum of ONE
DOLLAR ($1.00) for the Term.
5. Condition of Premises. Sublessor represents, subject to the terms of this Sublease, that the
Premises are suitable for the uses described in Paragraph 6 below.
6. Use and Equipment. Sublessee shall use the Premises for the purpose of installing,
operating, maintaining, repairing, replacing and removing antennas, microwave dishes, transmission
lines, cables, wires, receivers, generator(s), transmitter(s), transfer switch(es) and accessories
necessary to broadcast radio waves (all such equipment whether located in the Building or on the
Tower being collectively referred to herein as the “Communications Equipment”) and for no other
purpose without the prior written consent of Sublessor. Sublessee shall not use or knowingly
permit any part of the Premises to be used for any unlawful purpose, nor for any purpose or in any
manner which is in violation of any present or future Federal, State or local governmental laws or
regulations, or which will constitute a public or private nuisance, nor for any business, use, or
purpose deemed disreputable or extra hazardous. Sublessee shall not drill, cut, saw, burn, add to
or remove any part of the Tower without the prior written consent of Sublessor. Sublessee agrees
that the use and operation of any Communications Equipment installed on the Premises shall be
consistent with the quiet use, enjoyment, and occupancy of Sublessor.
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7. Fixtures. Sublessor hereby acknowledges and agrees that the Communications Equipment
and any other items belonging to Sublessee on the Premises, shall remain the property of Sublessee
and shall not be, become or be deemed by Sublessor to be fixtures upon the Premises.
8. Conditions Precedent to Installation or Modification. Notwithstanding anything to the
contrary herein, the Parties agree that Sublessee’s right to install its Communications Equipment
or to make any modifications to its Communications Equipment at the Premises shall not
commence until Sublessee, at its sole cost and expense, completes the following: (i) tenth order
inter-modulation study; (ii) update of the most recent Tower loading analysis; (iii) provision for
commercial electric service and emergency power to operate its Communications Equipment; and
(iv) receipt of all required permits (if any) for the installation of, or modification to, its
Communications Equipment and all required regulatory or governmental approvals of Sublessee’s
proposed use of the Premises. Sublessor shall have the right to review said inter-modulation study,
Tower loading analysis and governmental permits to determine if Sublessee’s Communications
Equipment will cause a degradation in Sublessor’s VIPER system or adversely affect the physical
and structural capacity of the Tower. After reviewing said inter-modulation study, Tower loading
analysis and governmental permits, if Sublessor determines in its sole discretion that the
installation of, or modification to, Sublessee’s Communications Equipment will result in a
degradation of the VIPER system or adversely affect the physical and structural capacity of the
Tower, Sublessee shall, at its sole cost and to the satisfaction of Sublessor, make any modifications,
upgrades or improvements to its Communications Equipment necessary to prevent any disruption
to the VIPER system or any impairment to the structural integrity of the Tower.
9. Governmental Approvals and Compliance. Sublessor agrees that the Tower and its
operations shall meet applicable rules and regulations of the Federal Communications Commission
(“FCC”), the Federal Aviation Administration (“FAA”), as well as all applicable State codes and
regulations. Sublessee, at its sole cost and expense, shall obtain any necessary governmental
licenses or authorizations required for installation, repair, alteration, improvement, or expansion
of its Communications Equipment and shall comply with government regulations applicable to its
operations, including those of the FCC and FAA.
10. Sublessor’s and Sublessee’s Rights in the Event of Interference. The Communications
Equipment shall be designed, constructed, installed, maintained, and operated in compliance with
the applicable rules and regulations of the FCC and good engineering practices. Sublessee
confirms to Sublessor that the installation and use of its Communications Equipment will not
interfere with the operation of the VIPER system or any other equipment on the Tower. In the
event the Communications Equipment causes interference with the VIPER system or other
equipment on the Tower, Sublessee shall proceed immediately to correct and eliminate the
interference. Sublessee shall cease operation of its Communications Equipment until the cause of
such interference is removed. Should interference reasonably objectionable to Sublessee be caused
by Sublessor’s equipment, Sublessor shall cooperate with Sublessee to eliminate such interference.
Sublessee expressly agrees to pay for such equipment as may be necessary to prevent its
interference with any radio transmissions by Sublessor, and will also be responsible for purchasing
any equipment to correct any interference that Sublessor’s equipment may cause in Sublessee’s
use and operation of its Communications Equipment. If interference caused by the
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Communications Equipment is not corrected and eliminated within thirty (30) days after Sublessee
is notified of the interference, then Sublessor may terminate this Sublease forthwith without
liability to Sublessee.
11. Repair and Maintenance. Sublessor shall, at all times during the Term, at its own expense,
put and maintain in thorough repair and in good and safe condition the Tower, the Building and
the Site, whether such maintenance is necessitated by wear, tear, obsolescence, government
regulation, or defects, latent or otherwise. Sublessee shall, at all times during the Term, at its own
expense, maintain its Communications Equipment.
12. Utilities. Sublessor shall permit Sublessee access to its electric power source so that
Sublessee may obtain all electrical energy required to operate its Communications Equipment.
Sublessor shall pay for all electricity needed to power and operate Sublessee’s Communications
Equipment.
13. Sublessor’s Right of Access. Sublessor or its agents shall have the right to enter the
Premises at all times in order to examine it, or to make such alterations, repairs, improvements, or
additions to the Premises as Sublessor may deem necessary or desirable without the same
constituting an eviction of Sublessee in whole or in part, or a breach of this Sublease.
14. Sublessee’s Right of Access. Sublessee, with Sublessor’s prior approval, shall have the
right of access to the Premises throughout the Term for the purposes of installing, inspecting,
maintaining, operating, repairing, and removing its Communications Equipment; provided,
however, that Sublessee and its agents and employees shall not compromise the security of the
VIPER system or disturb or interfere with Sublessor’s operations during such time as they are on
the Premises.
15. Sublessor’s Right to Terminate. In the event that Sublessor should elect, pursuant to the
Ground Lease, to abandon its use and possession of the Tower, Building and Site, this Sublease
shall terminate without liability to Sublessor. Sublessor shall give Sublessee not less than thirty
(30) days written notice of its intent to so terminate this Sublease. Upon such abandonment and
termination, Sublessee shall have the option to remain in possession of the Premises, provided that
Sublessee shall assume and be responsible for all costs associated with the operation and
maintenance of the Tower, Building and Site.
16. Surrender Upon Termination of Sublease. Upon termination of this Sublease, Sublessee
shall surrender the Premises in as good condition as they were at the beginning of the Term,
reasonable use and wear and damage by fire, war, riots, insurrection, public calamity, by the
elements, by act of God, or by circumstances over which Sublessee had no control or for which
Sublessor is responsible pursuant to this Sublease, excepted. It is understood and agreed that
Sublessee shall have the right to remove from the Premises, at Sublessee’s own expense and
without damage or injury to the Tower, the Building or any other property of Sublessor, the
Communications Equipment and all items of personal property, trade fixtures, and other items
belonging to Sublessee used in connection with Sublessee’s operations on the Premises.
17. Fire or Other Casualty Loss.
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(a) If the Premises is totally or partially destroyed by wind, explosion, fire, or
casualty of any kind, either Sublessor or Sublessee shall have the option of terminating this
Sublease or any renewal thereof, upon giving written notice at any time within thirty (30) days
from the date of such destruction, and if this Sublease be so terminated, any rent payable hereunder
shall cease as of the date of such destruction.
(b) If the Premises should be partially damaged by wind, explosion, fire, or casualty
(or if totally and completely destroyed) and neither Party elects to terminate this Sublease within
the provisions of subparagraph (a) above, then in either event, Sublessor agrees, at Sublessor’s
sole cost and expense, to restore the Tower and the Building, as may be applicable, to a condition
substantially similar to that immediately prior to such destruction or damage. Sublessor shall not
be liable for any interruption of Sublessee’s operations occasioned by electrical interference, wind,
explosion, fire or other cause or casualty of any kind.
(c) If Sublessor undertakes to restore, rebuild, or repair the Tower and the Building in
accord with the provisions of subparagraph (b) above, and such restoration, rebuilding or repair is
not accomplished within one hundred eighty (180) days from the date of the casualty, Sublessee
shall have the right to immediately terminate this Sublease by written notice to Sublessor.
18. Insurance. Sublessee shall obtain adequate insurance coverage in accordance with all
applicable laws for (i) workers’ compensation, (ii) automobile liability and (iii) fire and extended
coverage with regard to the Sublessee’s activities on or about Premises and its Communications
Equipment located on the Premises. Sublessee shall require any of its contractors or agents
entering the Premises to obtain and keep in place with well rated insurers, licensed to do business
in the State of North Carolina, adequate insurance coverage, as applicable, for (i) statutory
workers’ compensation including employers’ liability; (ii) comprehensive general liability
including personal injury, broad form property damage, independent contractor,
products/completed operations and, only if applicable, XCU (explosion, collapse, underground)
and; (iii) automobile liability; and (iv) fire and extended coverage insurance. Notwithstanding the
rights of any insurer, nothing herein shall affect the authority of the Attorney General of North
Carolina, including but not limited to, the Attorney General’s authority to represent Sublessor in
any and all litigation.
19. Liability.
(a) To the extent permitted by applicable law, Sublessee shall be liable for the negligent
or intentional acts or omissions of its agents and employees and shall save Sublessor harmless
from and against any and all loss, damage, claim, demand, liability, or expense, including
reasonable attorney fees, by reason of damage to person or property on or about the Premises or
the Site, which may arise or be claimed to have arisen as a result of the use of the Premises by
Sublessee or which may arise out of the installation, operation, repair, maintenance, inspection, or
removal of Communications Equipment by Sublessee, its agents or employees, except where such
loss or damage arises from the willful or negligent misconduct of Sublessor, its agents or
employees.
(b) As between Sublessor and Sublessee, Sublessor, subject to the terms of this
Sublease, will be primarily liable for the negligent or intentional acts or omissions of its agents
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and employees. As to third parties, Sublessor is an immune sovereign and is not ordinarily subject
to suit. However, Sublessor has enacted Chapter 143, Article 31, of the North Carolina General
Statutes (the “Tort Claims Act”), pursuant to which Sublessor may be liable for the torts of its
officers and employees, within the terms of the Tort Claims Act; accordingly, Sublessor will be
primarily liable for any claims within the coverage of the Tort Claims Act. No provision of this
Sublease shall be construed as constituting a waiver of Sublessor’s sovereign immunity or
Sublessor’s immunity under the Eleventh Amendment of the Constitution of the United States.
20. Hazardous Materials.
(a) For purposes of this Sublease: (i) “Hazardous Material” or “Hazardous Materials”
means and includes, without limitation, (1) solid or hazardous waste, as defined in the Resource
Conservation and Recovery Act of 1980, or in any applicable state or local law or regulation, (2)
hazardous substances, as defined in the Comprehensive Environmental Response Compensation
and Liability Act of 1980 (“CERCLA”), or in any applicable state or local law or regulation, (3)
gasoline, or any other petroleum product or by-product, (4) toxic substances, or rodenticides, as
defined in the Federal Insecticide, Fungicide, and Rodenticide Act of 1975, or in any applicable
state or local law or regulation, as each such Act, statute, or regulation may be amended from time
to time; (ii) “Release” shall have the meaning given such term, in Environmental Laws, including,
without limitation, CERCLA; and (iii) “Environmental Law” or “Environmental Laws” shall mean
“Super Fund” or “Super Lien” law or any other federal, state, or local statute, law, ordinance, or
code, regulating, relating to or imposing liability or standards of conduct concerning any
Hazardous Materials as may now or at any time hereafter be legally in effect, including, without
limitation, the following, as same may be amended or replaced from time to time, and all
regulations promulgated and officially adopted thereunder or in connection therewith: Super Fund
Amendments and Reauthorization Act of 1986 (“SARA”); the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (“CERCLA”); The Clean Air Act (“CAA”);
the Clean Water Act (“CWA”); the Toxic Substance Control Act (“TSCA”); the Solid Waste
Disposal Act (“SWDA”), as amended by the Resource Conservation and Recovery Act (“RCRA”);
the Hazardous Waste Management System; and the Occupational Safety and Health Act of 1970
(“OSHA”). All obligations and liabilities arising under this Paragraph 20 which arise out of events
or actions occurring prior to the expiration or termination of this Sublease shall survive the
assignment of this Sublease and the expiration, termination, cancellation or release of record of
this Sublease.
(b) Sublessee agrees that it will conduct its activities on the Premises and the Site in
compliance with all applicable Environmental Laws. As between Sublessee and Sublessor,
Sublessee, subject to the terms of this Sublease and to the extent permitted by applicable law, will
be primarily liable for the existence or discovery of any Hazardous Materials on the Premises or
the Site or for the migration of any Hazardous Materials to other properties or for the release of
any Hazardous Materials into the environment in violation of applicable Environmental Laws,
arising solely from Sublessee’s use of the Premises. As between Sublessor and Sublessee,
Sublessor, subject to the terms of this Sublease and to the extent permitted by the Tort Claims Act,
will be primarily liable for the existence or discovery of any Hazardous Materials on the Site or
for the migration of any Hazardous Materials to other properties or for the release of any Hazardous
Materials into the environment in violation of applicable Environmental Laws, arising solely from
Sublessor’s use of the Site.
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21. Right to Assign and Sublease. Sublessee shall not assign this Sublease or sublet the
Premises or any part thereof without the prior written consent of Sublessor.
22. Prohibition on Gifts. North Carolina General Statute §133-32 and Executive Order 24
prohibit the offer to, or acceptance by, any employee of Sublessor of any gift from anyone with a
contract with Sublessor, or from any person seeking to do business with Sublessor. By execution
of this Sublease, Sublessee attests, for its entire organization, including its employees or agents,
that it is not aware that any such gift has been offered, accepted, or promised by any employees of
its organization.
23. Modification. No modification of any provision hereof and no cancellation or surrender
hereof shall be valid unless made in writing and signed and agreed to by both Parties.
24. Binding Effect. Subject to the provisions herein, this Sublease shall extend to and bind the
Parties and their heirs, executors, administrators, successors and assigns.
25. Applicable Law. This Sublease shall be governed by, construed under and interpreted and
enforced in accordance with the laws of the State of North Carolina, regardless of conflict of law
principles.
26. Effect of Waiver. The failure of either Party to insist in any instance upon strict
performance of any of the terms and conditions set forth in this Sublease shall not be construed as
a waiver of the same in any other instance.
27. Complete Agreement. This Sublease represents the entire agreement between the Parties
covering everything agreed upon or understood in this transaction. There are no oral promises,
conditions, representations, understandings, interpretations or terms of any kind as conditions or
inducements to the execution hereof or in effect between the Parties.
28. Severability. In case any one or more of the provisions contained in this Sublease shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provision hereof and this Sublease shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained herein.
29. Construction. No provision of this Sublease shall be construed against or interpreted to the
disadvantage of any Party by any court or other governmental or judicial authority by reason of
such Party’s having or being deemed to have prepared or imposed such provision.
30. Interpretation. The use of headings, captions and numbers in this Sublease is solely for the
convenience of identifying and indexing the various provisions in this Sublease and shall in no
event be considered otherwise in construing or interpreting any provision in this Sublease.
Feminine or neuter pronouns shall be substituted for those of the masculine form, and the plural
may be substituted for the singular number in any place or places herein in which the context may
require such substitution or substitutions.
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31. Terms. Capitalized terms used in this Sublease shall have the meanings ascribed to them
at the point where first defined, irrespective of where their use occurs, with the same effect as if
the definitions of such terms were set forth in full and at length every time such terms are used.
32. Counterparts. This Sublease may be executed in two or more counterparts, each of which
shall be deemed an original, and all of such counterparts together shall constitute one and the same
instrument.
33. Memorandum of Sublease for Recording. At the request of either Party, Sublessor and
Sublessee shall execute a memorandum of this Sublease for recording in the public records at the
requesting Party’s sole cost and expense. The memorandum of Sublease shall set forth the Parties,
provide a description of the Premises, specify the Term and incorporate this Sublease by reference.
34. Notices. All notices herein provided to be given, or which may be given by either Party to
the other, shall be deemed to have been fully given when made in writing and deposited in the
United States mail, certified and postage prepaid and addressed as follows:
to Sublessor: North Carolina Department of Public Safety
Attn: VIPER Coordinator
4227 Mail Service Center
Raleigh, North Carolina 27699-4227
with copy to: State Property Office
Attn: Manager, Leasing and Space Planning Section
1321 Mail Service Center
Raleigh, North Carolina 27699-1321
to Sublessee: County of Person
Attn: County Manager
304 South Morgan Street, Room 212
Roxboro, North Carolina 27573
Nothing herein contained shall preclude the giving of such notice by personal service. The address
to which notices shall be mailed as aforesaid to either Party may be changed by written notice.
[signatures begin on following page]
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IN TESTIMONY WHEREOF, this Sublease has been executed by the Parties, in duplicate
originals, as of the dates set forth in the notary acknowledgements below.
SUBLESSEE:
COUNTY OF PERSON
By: __________________________________________
Print Name: Kyle Puryear
Title: Chairman, Person County Board of Commissioners
ATTEST:
__________________________________
Brenda B. Reaves, Clerk (Seal)
STATE OF NORTH CAROLINA
COUNTY OF PERSON
I, __________________________________, a Notary Public in and for the aforesaid
County and State do hereby certify that Brenda B. Reaves personally came before me this day and
acknowledged that she is Clerk of the COUNTY OF PERSON and that by authority duly given
and as an act of the COUNTY OF PERSON, the foregoing instrument was signed by Kyle Puryear,
its Chairman of the Person County Board of Commissioners, attested by herself as Clerk and sealed
with the common seal.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the _____
day of ______________________, 2015.
____________________________________
Notary Public
My Commission Expires: ______________ Print Name: _________________________
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SUBLESSOR:
STATE OF NORTH CAROLINA
By: ________________________________
Governor
ATTEST:
__________________________________
Secretary of State
APPROVED AS TO FORM:
ROY COOPER, Attorney General
By: __________________________________
Assistant Attorney General
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, ________________________________, a Notary Public for ______________ County,
North Carolina, do certify that ELAINE F. MARSHALL, Secretary of State of the State of North
Carolina, personally came before me this day and acknowledged that she is Secretary of State of
the State of North Carolina, and that by authority duly given and as the act of the State, the
foregoing instrument was signed in its name by PAT MCCRORY, Governor of the State of North
Carolina, sealed with the Great Seal of the State of North Carolina, and attested by herself as
Secretary of State.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the _____
day of ________________, 2015.
____________________________________
Notary Public
My Commission Expires: _____________ Print Name: _________________________
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EXHIBIT A
Ground Lease
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EXHIBIT B
Survey
95
Return To: Attorney General’s Office / Property Control Section, Post Office Box 629, Raleigh, NC 27602
SPO File No.: 73-N / DOJ File No.: PC-15-00106
STATE OF NORTH CAROLINA
MEMORANDUM OF LEASE
COUNTY OF PERSON
THIS MEMORANDUM LEASE, is made as of the last date set forth in the notary
acknowledgements below, by and between the COUNTY OF PERSON, a political subdivision of
the State of North Carolina, hereinafter referred to as “Lessor”; and the STATE OF NORTH
CAROLINA, a body politic and corporate, hereinafter referred to as “Lessee.”
Lessor and Lessee entered into a Ground Lease Agreement dated ________________,
2015 (the “Lease”), the terms, covenants and conditions of which are hereby incorporated in this
Memorandum of Lease, for a term of twenty-five (25) years, commencing on the 1st day of July,
2015 and terminating on the 30th day of June, 2040 (“Initial Term”). Unless terminated at Lessee’s
option, upon the expiration of the Initial Term the Lease shall automatically be extended for one
(1) additional twenty-five (25) year period extending the maximum possible term to the 30th day
of June, 2065.
In consideration of the terms, covenants, conditions and rental as set forth in the Lease,
Lessor leased to Lessee that certain parcel or tract of land lying in Cunningham Township, Person
County, North Carolina, being more particularly described as follows:
Being all of that certain parcel or tract of land containing 0.6 acres, more or less, shown
and described as “VARIABLE WIDTH LEASE AREA PARCEL ‘A’” on a survey
for the project known as “HYCO LAKE SITE #HP-1130 SCO ID # 10-08820-01L”
prepared by Tower Engineering Professionals (TEP #: 57546), dated February 11,
2015 (sheet 2 of 2), attached hereto and incorporated herein as Exhibit A.
TOGETHER WITH an appurtenant easement for ingress and egress over and upon
that area of land identified and being more particularly described as “25' ACCESS
AND UTILITY EASEMENT PARCEL ‘B’” on said survey attached hereto and
incorporated herein as Exhibit A.
[signatures begin on following page]
96
IN TESTIMONY WHEREOF, this Memorandum of Lease has been executed by the
parties hereto, as of the dates set forth in the notary acknowledgements below.
LESSOR:
COUNTY OF PERSON
By: __________________________________________
Print Name: Kyle Puryear
Title: Chairman, Person County Board of Commissioners
ATTEST:
__________________________________
Brenda B. Reaves, Clerk (Seal)
STATE OF NORTH CAROLINA
COUNTY OF PERSON
I, __________________________________, a Notary Public in and for the aforesaid
County and State do hereby certify that Brenda B. Reaves personally came before me this day and
acknowledged that she is Clerk of the COUNTY OF PERSON and that by authority duly given
and as an act of the COUNTY OF PERSON, the foregoing instrument was signed by Kyle Puryear,
its Chairman of the Person County Board of Commissioners, attested by herself as Clerk and sealed
with the common seal.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the _____
day of ______________________, 2015.
____________________________________
Notary Public
My Commission Expires: ______________ Print Name: _________________________
97
LESSEE:
STATE OF NORTH CAROLINA
By: ________________________________
Governor
ATTEST:
__________________________________
Secretary of State
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, ________________________________, a Notary Public for ______________ County,
North Carolina, do certify that ELAINE F. MARSHALL, Secretary of State of the State of North
Carolina, personally came before me this day and acknowledged that she is Secretary of State of
the State of North Carolina, and that by authority duly given and as the act of the State, the
foregoing instrument was signed in its name by PAT MCCRORY, Governor of the State of North
Carolina, sealed with the Great Seal of the State of North Carolina, and attested by herself as
Secretary of State.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the _____
day of ________________, 2015.
____________________________________
Notary Public
My Commission Expires: _____________ Print Name: _________________________
98
EXHIBIT A
Survey
99