HomeMy WebLinkAboutC.054.93008_2224 (2)IREDELL COUNTY BOARD OF COMMISSIONERS
SPECIAL MEETING - DECEMBER 23, 1992
MINUTES
The Iredell County Board of Commissioners met in Special Session on Wednesday, December 23,
1993, 11:00 a.m., South Wing Conference Room, Iredell County Government Center, 200 South Center
Street, Statesville, NC. Those present for the meeting were:
Sara K. Haire, Chairman
David A. Boone, Vice Chairman
Diane M. Hamby
Doug Madison
Alice M. Stewart
STAFF PRESENT: Joel Mashburn, County Manager
Alice Fortner, Clerk to the Board
Susan G. Biumenstein, Finance Director and Director
of Administrative Services
Brent Weisner, Tax Assessor
Carson Fisher, Staff Engineer
Don Wali, DSS Director
CALL TO ORDER: Chairman Haire
DISCUSSION AND BOARD ACTION ON LEASE FOR THE J. C. PENNEY, DOWNTOWN PROPERTY: Chairman Haire
_,.. asked the county manager to open the discussion on the proposed lease of the captioned property.
Mr. Mashburn telephoned Mr. Bill Pope, County Attorney, who is confined to bed with a back problem.
Mr. Mashburn set up a conference call with Mr. Pope so all the county commissioners could hear Mr.
Pope's discussion of the changes in the lease agreement.
Mr. Pope referred to the latest revision of the lease dated December 23, 1992 at 11:06 a.m.
(time FAXed to County Office). He recapped the drafts that have been made on this lease. Draft #1
was issued and mailed prior to the December 15, 1992 meeting of the board. Changes were suggested
on this lease regarding the ad valorem taxes, insurance payments, and the renewal notice. These
changes constituted Draft 2. Draft 2 was FAXED to the county office and distributed to the board
members as well as to .lames Jennings' attorney, Ed Pressly. Mr. Pressly and Mr. Pope then made some
minor changes which constitutes the two-page change document FAXed to the County Office and Draft 3
which is being considered as the latest copy.
At this time Mr. Pope reviewed the changes in the two-page change document which are included
in the Draft #3, dated December 23, 1992, 11:06 a.m. After Mr. Pope's review of the amendments, Mr.
Boone proposed the following amendments to the lease:
"An amendment to paragraph #12, as follows:
"Strike second sentence: 'Upon payment . . . .
"Add the following:
"Failure of Landlord to pay ad -valorem property taxes when
due will allow Tenant to pay same and deduct suzh payments
from the next rental payment due. If on the commencement.
date, Landlord owes any current or delinquent ad valorem
property taxes, interest, or penalties, on demised premises,
Tenant may pay same and deduct such payments from any rental
payments due."
and also an amendment to Paragraph 13 as follows:
"Amendment to Paragraph 13 (Insurance)
Strike sentence 2 & 3: 'Upon payment . . , within 30 days.
"Add the following sentence at end of paragraph
"Failure of Landlord to keep fire and casualty coverage in effect
wiiI entitle Tenant, at its option, to purchase such insurance
and to deduct the cost thereof from the next rental payments
due."
MOTION from Commissioner Boone to amend the the lease to restore the language as originally
presented. (First lease stated the landlord would pay for the insurances and taxes.)
Mr. Mashburn said the specifications were based on a net -net lease. The county will have to be
responsible for the insurance and property tax on property covered by the lease.
Commissioner Stewart said she was not aware that the County would be paying the taxes.
Mr. Brent Weisner, Tax Assessor, was present and gave the estimated tax value of the property
if it were converted to office space. This amount is approximately $505,000.