LEASE AGREEMENT NORTHSIDE BRANH LIBRARY THIS LEASE AGREEMENT is made as of April 27, 2015 by and between the OUNTY OF ALBEMARLE, VIRGINIA (hereinafter, the ounty ) and the JEFFERSON- MADISON REGIONAL LIBRARY (hereinafter, the Library ). ARTILE I. PREMISES AND IMPROVEMENTS Section 1.1. In consideration of and subject to the covenants herein set forth and pursuant to Section 7 of the Agreement for Jefferson-Madison Regional Library, to which the ounty is a party, the ounty hereby leases to the Library the premises described on Exhibit A attached hereto and made a part hereof together with any and all improvements thereon (the "Premises ). The Premises shall be provided for use by the Library and be funded as a harlottesville- Albemarle cost. ARTILE II. TITLE: QUIET ENJOYMENT Section 2.1. So long as the Library is not in default hereunder, the Library shall have peaceful and quiet enjoyment, use and possession of the Premises without hindrance on the part of the ounty or anyone claiming by, through, or under the ounty. ARTILE III. TERM Section 3.1. ommencement and Expiration. The term of this Lease shall commence upon the issuance of the ertificate of Occupancy for the Premises (the "Date of ommencement") and shall expire June 30, 2020, unless sooner terminated or extended as hereinafter provided. The foregoing notwithstanding, after June 30, 2016, either party may terminate this Lease upon one-hundred eighty (180) days advance written notice to the other party. All references to the term of this Lease shall, unless the context indicates a different meaning, be deemed to be a reference to the term described herein. Section 3.2. Renewal. Subsequent to the initial term, this Lease shall be renewed automatically for subsequent one-year terms, to coincide with the ounty s July 1-June 30 fiscal year, unless and until terminated in accordance with Section 3.3 below. Section 3.3. Termination. This Lease and the Library s occupancy of the Premises may be terminated by either party upon one-hundred eighty (180) days advance written notice to the other party. In no event shall termination of this Lease alone be construed as a withdrawal from a regional library system pursuant to Virginia ode 42.1-42. ARTILE IV. RENT Section 4.1. Monthly Rent. ommencing upon the Date of ommencement, during the initial term of this Lease, the Library agrees to pay to the ounty monthly rent of $55,337.86, on the first day of each month during the term hereof. Each month, the ounty shall send an invoice for rent to the address indicated in Section 9.1 for Library Notices. However, the failure of the ounty to send an invoice or of the Library to receive an invoice shall not relieve the Library of any liability for rent due. 1
After the initial term of this Lease, the rent for subsequent years of the Lease shall be indexed for inflation and shall be calculated by first establishing a fraction, the numerator of which shall be the level of the PI Index (as defined herein) as of the first day of that month which is two months before the month in which the Date of ommencement occurs in the subsequent years, and the denominator of which shall be the level of the PI Index as of the first day of that month which is two months before the initial Date of ommencement. The resulting fraction shall be multiplied by the rent agreed upon or established for the first year of the term of the Lease to determine the annual rent due for the year. The rental figure shall be revised each year based upon this formula. The PI Index shall be the U.S. Bureau of Labor Statistics onsumer Price Index (all items, all urban consumers, 1982-1984 = 100). If the PI Index shall be discontinued, the ounty shall designate an appropriate substitute index or formula having the same general acceptance as to use and reliability as the PI Index and such substitute shall be used as if originally designated herein. Notwithstanding the foregoing, in no event shall the rent due for any lease year decrease below the rent payable for the first year. Section 4.2. Address for Rent Payment. All payments of rent due the ounty pursuant to Section 4.1 shall be made to the ounty at the address specified in Section 9.1, or to such other party or at such other address as hereinafter may be designated by the ounty by written notice delivered to the Library at least ten (10) days prior to the next ensuing monthly rental payment date. ARTILE V. UTILITIES AND SERVIES Section 5.1. The following items and services shall be provided and maintained at a level reasonably necessary for the proper use and enjoyment of the Premises, pursuant to the table below. The ounty shall provide all items and services identified below as ounty at no direct cost to the Library, at a reasonable level of service determined by the ounty. The Library shall independently arrange and provide for all items and services identified below as Library. Except as otherwise provided in the current Agreement for Jefferson-Madison Regional Library, all Library-provided items and/or services shall be local costs thereunder. Service/Expense Telephone ustodial Services Furniture & Appliances Routine repairs to nonmechanical systems (i.e. work orders) IT Services Solid Waste Services Electric, Water, Sewer, Gas Parking Lot Lights, Fixtures Parking Lot & Sidewalk Repairs Preventive Maintenance to all Mechanical Systems ounty Provided Library Provided L L L 2
yclical Maintenance, (i.e. exterior window cleaning, annual carpet cleaning, wall painting) Snow & Ice control Landscaping Facility Assessment apital Improvements Elevators Alarms Sprinkler Systems ARTILE VI. USE OF PROPERTY Section 6.1. Permitted Use. The Library shall have use of the Premises for a public library. Section 6.2. Good Repair. The Library shall keep in good repair and shall take good care of the Premises and fixtures therein located and, at the expiration or earlier termination or cancellation of this Lease, shall surrender the Premises and fixtures in as good condition as at the time of delivery, subject to reasonable wear and tear. In the event of the ounty s withdrawal from the Agreement for Jefferson-Madison Regional Library, disposition of personal property not affixed to the Premises shall be in accordance with Section 10 of said Agreement. Any failure to keep the Premises in good repair shall be considered a default of this Lease and shall be grounds for termination thereof. Section 6.3. Parking. The Library shall be entitled to non-exclusive use of parking spaces in the ounty parking lot adjacent to the Northside Branch and access between said parking lot and the leased Premises. Section 6.4. Elevator. The ounty shall retain access to the interior elevator, as necessary to maintain an accessible route between the adjacent parking lot and the Lower Level of the building beneath the leased Premises. Such elevator access shall not unreasonably interfere with the Library s operations. ARTILE VII. ALTERATIONS, IMPROVEMENTS, AND FIXTURES Section 7.1. The Library may, from time to time, make or cause to be made any interior non-structural alterations, additions or improvements which do not damage or alter the Premises, provided that the ounty's consent shall have first been obtained in writing, and provided that the Library shall obtain all required governmental permits for such alterations, additions or improvements. Section 7.2. The Library may, from time to time, make interior structural alterations, additions or improvements, only with the ounty's prior written consent to plans and specifications therefor. Any such interior structural alterations, additions or improvements shall become the ounty's property. 3
ARTILE VIII. INSURANE Section 8.1. The ounty shall, during the term of this Lease, maintain in force general public liability insurance and property insurance on the Property in an amount equivalent to coverage for its other public buildings and facilities or such greater amounts deemed necessary, and shall name the Library as an additional named insured. The Library shall maintain in force an insurance policy providing contents coverage for all Library materials, fixtures, and equipment in such amounts as shall be adequate to insure replacement coverage for such items. ARTILE IX. MISELLANEOUS Section 9.1. Notices. Any notice, demand, request or other instrument which may be, or are required to be given under this Lease, shall be in writing and delivered in person or by United States certified mail, postage prepaid, and shall be addressed: (a) if to the ounty, at ounty of Albemarle Attn: ounty Executive ounty Executive s Office 401 McIntire Road harlottesville, Virginia 22902 or at such other address as the ounty may designate by written notice; (b) if to the Library, at Jefferson-Madison Regional Library Attn: Regional Library Director 201 East Market Street harlottesville, Virginia 22902 or at such other address as the Library shall designate by written notice. Section 9.2. Annual Appropriations. The ounty s obligations under this Lease are subject to annual appropriations by the Board of Supervisors of Albemarle ounty, Virginia. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first above written. JEFFERSON-MADISON REGIONAL LIBRARY By: Print Name: John Halliday Title: Regional Library Director 4
This Lease is executed on behalf of the ounty of Albemarle by Thomas. Foley, ounty Executive, pursuant to a Resolution of the Albemarle ounty Board of Supervisors. OUNTY OF ALBEMARLE, VIRGINIA Approved as to form: By: Print Name: Thomas. Foley Title: ounty Executive Albemarle ounty Attorney 5
EXHIBIT A DESRIPTION OF PREMISES All that certain space containing approximately 33,990 square feet, more or less, of finished space shown as Mezzanine Level White Area, 2,030 Square Feet, Library Level, 29,460 Square Feet, and Lower Level / Warehouse, Library White Area 2,500 Square Feet, together with approximately 2,752 square feet, more or less, of space shown as Lower Level / Warehouse, ommon Area Orange, 2,752 Square Feet, all of which are outlined and shown on that certain plan of HBM Architects titled Albemarle ounty Northside Library, dated August 19, 2014. Said Premises are a portion of Albemarle ounty Parcel 06100-00-00-120K0, located at 705 Rio Road West, harlottesville, Virginia. 6
Mezzanine Level White Area 2,030 Square Feet
Library Level 29,460 Square Feet
Lower Level / Warehouse ommon Area Orange 2,752 Square Feet Lower Level / Warehouse Library White Area 2,500 Square Feet