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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: June 24, 2008 <br />Action Agenda <br />Item No. 9"'r1n <br />SUBJECT: Technical Amendment to Gateway Lease and Courtesy Review of Storm Sewer <br />System and Gray Water System Maintenance Agreements <br />DEPARTMENT: Purchasing and Central Services PUBLIC HEARING: (Y/N) No <br />County Attorney <br />ATTACHMENT(S): <br />Amendment to Lease Agreement <br />Storm Sewer Easement and <br />Maintenance Agreement <br />Gray Water System Easement and <br />Maintenance Agreement <br />INFORMATION CONTACT: <br />Pam Jones (919) 245-2652 <br />Geof Gledhill (919) 732-2196 <br />PURPOSE: To consider technical amendments to the Gateway Center Lease for Suites 200 <br />and 300 as recommended by the County Attorney and the attorney for the developer; and to <br />receive information regarding the terms of easements and maintenance .agreements for on site <br />storm sewer and the gray water systems. <br />BACKGROUND: The County Attorney and the attorney for the developer of the Gateway <br />Center determined that a technical amendment was necessary establishing the Gateway Center <br />condominium units lease commencement date and conforming the Premises and Property <br />descriptions to the final recorded documents creating the Premises and the Property. For <br />example, the commencement date of the Lease approved by the Board in February 2007 cited <br />the commencement date as "the date as of which all of the following occur: (1) the building is <br />substantially complete, (2) the Premises Upfit is substantially complete (to be completed by the <br />Lessor per Premises Upfit plans and specifications approved by the County and the Lessor, (3) <br />the Plat and Plans of the Gateway Center Condominium and the Condominium Declaration <br />have been recorded in the office of the Orange County Register of Deeds, (4) the Lessor has <br />obtained the issuance of a Certificate of Occupancy for Condominium Unit 200 and <br />Condominium Unit 300, and (5) the Lessor has delivered possession of Condominium Unit 200 <br />and Condominium Unit 300 to the County." The Commencement Date in the Amendment to the <br />Lease Agreement is cited as "February 19, 2008," the date all of the five contingencies were <br />satisfied. <br />Also included for the Board's courtesy review are easement and maintenance agreements for <br />the storm sewer and gray water system on the campus. The County is at this time a party to <br />neither agreement since it presently does not own any of the property cited in the Agreements. <br />However, should the County purchase the Gateway Center suites as allowed by the Lease, and <br />