Agenda - 10-06-2009 - 4d - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 6, 2009 Action Agenda Item No. ~- - d SUBJECT: Amendment to the Eno River Parkin Deck Lease DEPARTMENT: AMPS PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Second Amendment to Parking Deck Lease and Right of First Offer and Right of First Refusal Amendment to Memorandum of Lease INFORMATION CONTACT: Pam Jones, 919-245-2652 Geof Gledhill 919-732-2196 PURPOSE: To consider approval of an Amendment to the Eno River Parking Deck Lease and its corresponding "Memorandum of Lease" to include in the description of the leased property, existing easements providing vehicular and pedestrian access to the Parking Deck across the Gateway Center property, and comparable easements being created across the County Office Building property and the County Library property. BACKGROUND: The BOCC previously approved a long term lease agreement between Orange County and Eno River Parking Deck, LLC. The agreement provides the County with 200 parking spaces in the Eno River Parking Deck, together with a Right of First Offer and Right of First Refusal providing the County options to purchase the Parking Deck. It is necessary to amend the Agreement property description to include applicable easements providing access to and from the Parking Deck across the Gateway Center property and the Office Building and Library properties. The descriptions of the easements across the Gateway Center property are established by a recorded easement. The descriptions of the easements across the Office Building and Library properties will be finalized as part of the closing of the County's purchase of those properties. The attached Amendment to the Eno River Parking Deck Lease Agreement achieves this description reconciliation and does not change the terms of the underlying lease. The Amended Memorandum of Lease, which will be recorded, will conform the public record of the Agreement to the Amended Agreement. FINANCIAL IMPACT: None RECOMMENDATION(S): The Interim Manager recommends the Board approve the Amendment to the Eno River Parking Deck Lease and the amendment to the Memorandum of Lease; and authorize the Chair to sign on behalf of the Board.