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1965-03-22 Special Meeting451 RECESSED SESSION - continued March 1(?, 1965 'WELFARE LIEN - (continued) ? per month provided the Statute of Limitation is waived and with the understand- ing that the remaining unpaid balance on the lien would be paid off as soon as his other ? assets are sold. Covnty Attorney L. Bradford Tillery is to confer with Louis J. Poisson, attorney for the estate, to arrange the details of the terms. THis motion was seconded by Mr. Braak and unanimously passed, . , '/uOLSON AIRCRAFT CORPORATION -' The Chairman then called on the Tax Supervisor for a report on the appraisal C of the approximately ten acres which the Olson Aircraft Corporation has under considera- tion in which to locate their plant. The Tax Supervisor reported that he and the County Property Appraisors Messrs. R. E. Blake, Jr. and John G. McDaniel, had made a survey and inspection of the land and after considering the location, previous sales of similar land, ?coupled with the wide road frontage on North 23rd Street, which is their considered opin- lion that a fair market value is $1500.00 per acre. Mr. R. W. Williams, Jr., of the firm lof John T. Talbert, Jr. and Associates, Consulting Engineers, who represent the Olson Air- craft Corporation, considered the price a little high but stated that he would take a re- port back to his ciient for their consideration and decision. He again assured the Com- 'missioners that they intended to construct permanent type buildings on the property immed- iately, one of which would be 1201 x 120' or144,000 sq. ft. He asked the Board if there would be any objection to their employing an independent outside appraisor. The Board ad- vised him that he was free to consult others. He then wanted to know, as an alternative, if the Board would consider the idea of a smaller road frontage and reduce the price per acre. The Tax Supervisor Advised him that a lesser road Frontdge woulfl definitely reduce the per acre valuation but it would be necessary for him to give us a sketch of the pro- ,posed site before we could determine the fair market value. After considerable discussion, 'Mr. Braak moved that 10 acres, more or less, of the County property under.consideration be leased to the Olson Aircraft Corporation at $100.00 per year for five years with an option to purchase at $1500.00 per acre within the five years and the lease rental paid up to that time to be appli.ed toward the purchase price, with the understanding that the Olson Aircraft Corporation"would*construct permanent type buildings on the property within I90 days from the date the lease or sale is executed. Mr. Hall seconded the motion for the purpose of discussion. After all of the members had satisfied themsleves with reference to any questions they had, the ballot was taken on the motion. Mr. Vaughan requested that he be recorded as not votiing but since the other members of the Board voted "Yes", the Acting Chatrman declared the motion carried by a fnajority vote. Mr. Williams was assured that if his client was not willing to go along with this proposition, they wanted him to feel free to bring back an alternative proposal for further consideration. It was agreed that the lease agreement can be cancelled at the option of the Board of Commissioners. := begin to CHAIRN?AN PRO TEM - Mr. Vaughan reminded the Board that the permanent Chairman, Dr. Hooper would not be back until the end of the week and that he, himself, was leaving town and in order for the Board to operate, he suggested that a Chairman Pro Tem be elected. Upon proper motion lby Mr. Bowden, seconded by Mr. Braak, Mr. J. M. Hall, Jr. was unanimously elected to serve in that capacity until the return of the permanent Chairman. ADJOURNMENT - By common consent, the business of the meeting having been completed, the Board adjourned their meeting. W. G. Houck Executive Secretary RECONVENTION OF BQARD OF EQUp.LM-ATION AND REVIEW March 22,1965 4:00 P. M. ASSEMBI:Y ' The,-Board tif Equalization.and.R2vi.ew• "reconue.ned' in;accor.dance' w1.th,'Gheir _r.ecess- ed ineetisng. of_:NJa.i;ch_ 15, 1-965, WiTh.,tfle',fo1loW:ing FCesentt: ,, Chairman, pg. joseph' W.Hooper,Jr. Commissioners Peter H. Braak H. Braak, Laurence O. Bowden, and J. M. Hall, Jr.., County IAttorney L. Bradford Tillery and County Auditor T. D. Love, Jr. Commissioner Vaughan was j out of town and unable to attend the meeting. RECE55 - r TYie Chairinan"exp'lained to `Che ,Board"that ,the:attorneys -for t•he Ols'on Aircr.aft =Corpo'rat'ion- and-..the'Courity? 5'aer's r'eady to• c.ons3.der:,the? Leas:e_ ag.r.eeme:nt..;d,rawn •in accordance w`i'th the -act-ion- of Che -Board=.of= Coinmis-s.toners at` thei.r "re.cassed meeti_ng held on March. 16, 1965. He declared the Board of Equalization and Review recessed and the Board of County Commissioners opened. Written notice of this meeting was sent to each member of the Board on March 18, 1965 to comply with G. S. 153-8• SPECIAL MEETING - BOARD OF COMMISSIONERS APPROVAL OF MINUTES - Upon motion of Mr. Hail, seconded by Mr. Braak, the minutes of the regular semimonthly meeting held on R7arch 15 and the extended sesslon held on March 16, copies of which have been mailed to each of the members of the Board, were unanimously approved as written. OLSON AIRCRAFT CORPORATION - I The County Attorney Attorney expiained to the Board that after an actual survey of the land needed by the Olson Aircraft Corporation for building their plant, it turned out to be only 7.9 acres instead of ten as originally contemplated. He has agreed with the Olson attorney that the rental should be decreased accordingly wftich amounts to $6.58 per month per acre. He is of the opinion that the Board should se't a poiicy with refer- ence to taxes and recommends that the Olson Aircraft Corporation actually pay the taxes on any buildings erected on the property, Plus any personal property which may be owned by them. . continued - ? I? ,4 ir, 6 2A ; _ S.PF-CIAL_MEET_INGT.--_.__March 22,_1_965 Continued___. OLSON AIRCRAFT CORPORATION He pointed out that he had no personal knowledge of the description of the property presented for purchase but he did have confidence in the firm of John T. Talbert - and Associates, which made the survey. The bounds of the property which they now wish ?T to purchase front 4751 on North 23rd Street, beginning 1390' south of the intersection with the east track of the Atlantic Coast Line Railroad, thence northeast 8001, south- east 462.051, thence southwest 689.851, which amounts to 7.9 acres. He also explained that the Oleon Corporation would need an easement over County property lying between the land which they are leasing and the Airport runway but he does not have a description of the lease requirements at this time. After a complete discussion and agreements with . reference to the above questions, Mr. Bowden offered a motion that the attorneys draw a draft of the lease in accordance with the agreements made here and he a part of these minutes and that the Chairman of the Board of County Commissioners be authorized and ? empowered to sign and execute the lease agreement with the Olson Corporation in behalf ?,• of the County. It was seconded by Mr. Hall and unanimously approved. ' tEASE AGREEMENT NORTH GAROLINA NEW HANOVER CAUNTY THIS LEASE AGREEN,ENT, executed this 22nd day of March, 1965, by and between New Hanover County a politicai subdivision of the State of North Carolina, hereinafter called LESSOR, and Olson Aircraft Corporation, a North Carolina corporation with its principal office in New Hanover County, North Carolina, hereinafter called LESSEE. W I T N E S S E T H The Lessor in consideration of the covenants, stipulations and payments hereinafter set forth to be done and performed by the Lessee, does hereby rent, lease and demise unto the Lessee for the term and period hereinafter set forth the following property located in Cape Fear To4rnship, New Hanover County, North Carolina, to-wit: BEGINNING at an iron pipe in the Eastern right-of-way line of North 23rd Street (100 feet right-of-way) that is 1,390 feet Southwardly alono said line from the intersection of said line with the center line of the East track of the Atlantic Coast Line Railroad (Wilmington to Rocky Point); running thence from said beoinnin?a point North 82 degrees 41 minutes east 800.00 feet along a line of the New Hanover County Airport property as shown on "Exhibit "A" Property N;ap of New Hanover Countyl Airport" as revised on June 18, 1962, to a point; running thence South 7 degrees 19 minutes East 462.05 feet to a point, running thence South 82 degrees 41 minutes West 689,85 feet to a point in the Eastern line of North 23rd Street, rur.ning thence along the Eastern line of 23rd Street along a chord North 20 degrees 43 minutes 30 seconds West 475.00 feet to the point of beginning; the same being • a tract of land having an area of 7.90 acres. Together with a right of way and easement over a strip of land 100 feet in width connecting the tract of land particularly described above with the southwestern runway situated on and being part of the New Hanover County Airport property, the exact location of said easement to be agreed upon by the parties thereto. 5aid easement and right of way is for the purpose of providing Lessee access to the New Hanover County Airport from the property particularly described above, and is to be used as taxiway Dy Lessee's aircraft and other related purposes. The terms and conditions of this lease are as follows: ? 1. This lease shall run'from March 22, 1965, to and including Mzrch 21, 1970, unless sooner terminated as herein provided. 2. The rental shall be $6.58 per month, payable monthly in advance on or before the 22nd day of each month, commencing March 22, 1965• 3. Lessee may make improvements, additions, alterations, and repairs to the leased premises, including the installation of buiidings, fixtures and equipment necessary for the conduct of Lessee's business, the foregoing to be accomplished, however, entire2y at Lessee's own cost and expense. A1l permanent improvements such as buildings(whether regarded_as?attached to real property or not so regarded;), wiring, plumbing, restroom, improvements, Gas water, air pipinc, and other similiar additions shall become a part ? of the leased premises and belong to the Lessor upon the termination of this lease. Ail removable machinery, furnitures and equipment intalied by Lessee such as, by way of example only, production tools. office equipment, factory equipment, machinery, com- pressors, valves, and unit heaters shall continue to belong to Lessee and may be semoved by"it at the termination of this lease. Within 30 days of the expiration of this lease or of the expiration of any extension, renewal, or sooner termination thereof, Lessee shall remove all and every part of said furniture, fixtures, equipment, machinery, and all of the similar improvements and personal property placed in and about the prem- ises by Lessee, and Lessee will repair all damages to premises which.occur as a result of said removal. Any such property not so removed by Lessee shail become property of Lessor, and it may dispose of same as it sees fit. 4. If the leased premises shall be taken or condemned in whole or in part under ? the power of eminent domain by any authority whatsoever, this lease shall terminate I and Lessor shail receive'such portion ofth;eecondemnation award as represents the fair market value of the land, and Lessee shall receive such portion of the condemnation award as represents the fair market value of the improvements (including buildings) made by it to the subject property. I ` continued , ? ?? ?5 m?, CP?Tpi MFFT7N??as 77,?_Q(?r,_ n II iLEASE AGREEMENT -(Oison Aircraft Corporation) continued 5. Lessor hereby cottenants and agrees that if Lessee shall;,?pay or otherwise perForm ?land do all things and matters herein provided to be performed by the Lessee, that, sub,ject ?to avigation easements heretofore imposed, Lessee shall peaceably and quietly have, hold possess, use, occupy and enjoy the said leased premises and appurtenances, for and during the term aforesaid without h3nderance or molestation by the Lessor or by any other person or persons claiming by, throggh, from or under it. 6. Lessor agrees to pay all reai estate and ad valorem taxes and other taxes which 1Ynay he imposed upon the land demised herein, and Lessee will pay all taxes assessed against all permanent improvements as the same are defined in paragraph 3 above, The Lessee shall „a`1•.so : pay all taxes upon all removeble personal property installed on the leased pre- Mises which will remain the property of the Lessee at the termination of this lease as here- tofore set forth. • 7. Lessor does hereby grant unto Lessee the right, option and privilege to purchase the hereby leased premises at any time during the term hereof, the terms and conditions of ?this option being as follows: (a) This option shall exist and continue until Narch 21, 1970, but no longer. (b) If the Lessee elects to purchase said land under this option the purchase price herefor shall be the sum of $11, 850.00. Said purchase price shall be payable upon the delivery of the deed hereinafter specified. Payment is to be made and any tender, if neces- sary, under this option may be made by cashier's check or certified check as well as by cash. u (c) If the Lessee elects to exercise this option, all sums heretofore paid as rental snder this agreement shall be applied as a credit upon cash payment of the purchase price. (d) Anytime within the period heretofore mentioned, Lessor shall make, execute, de- liver to Lessee, upon payment of the balance of the purchase price above specified, a good 3nd sufficient deed with general warranty, covenants, conveying said property to Lessee, its successors and assigns, or otherwise to its order, in fee simple, free and clear of all liens and encumbrances other than avigation easements. Lessor shall, at its expense,affix iocumentary stamps to said deed in the proper denominations as provided by law, (e) If Lessee exercises this option, taxes and other assessments for the current year Ishall be apportioned as of the time of delivery as-e€-R#?e-time-of-d2ilvEi'9 of the deed by Lessor. For the purpose of such proration, the year intended shall be the calendar year. [f the closing of the transaction shall occur before the tax rate is fixed, the apportion- nent of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. (f) If title to the subject property should not be approved by Lessee's attorney be- Iause of some defect in the title, the Lessor shall have a reasonable time after notice of ?uch defect from said attorney within which to correct or remove the same, it being under- ?Stood between the parties that avigation easements which may be applicable to the premises Ire beyond the control of the Lessor. . I 8. If the Lessee should hold the demised premises over and beyond the period pro- iided by the terms of this agreement, then in such event said holding over shall be from nonth to month, and shall otherwise be upon the same terms and conditions provided herein. i 9. This lease shall be terminable by written notice six months from date unless the Leasee shall, within such !tButler-type" buildings upon the demised premises. from Lessor at any time after time, complete installation of 10. This agreement shall include, and inure to the benefit of and be binding upon the Lessor and Lessee and their respective successors and assigns. 11. This agreement shall be execut2d in duplicate originals, one of which is to he ,etained by the Lessor and one of which is to be retained by the Lessee. IN TESTIMONY WHEREOF, New Hanover County has caused this instrument to be executed n its behalf by its Board of County Commissioners through its Chairman, Jos. W. Hooper, r.; and attested by its Clerk, and its corporate seal to be hereto affixed, and Olson ircraft Corporation has caused dts corporate seai to be hereto aff-ixed, ali Lhe day and ear first above written. NEW HANOVER COUNTY TTE ?TTEST: BY: Chairman of the Board of County Commissioners OLSON AIRCRAFT CORPORATION BY: I ???4 Special Meeting Narch 22, 1965 Continued ? AZALEA FESTIVAL FIREWORKS - The Executive Secretary reported that he had received a request from the Azalea Festival Committee for approval of a fireworks display in connection with the Azalea Festival. It has been customary in the past for the Board to give their approvall. Mr. Hall then offered a motion that complying with G.S. 14-413, the County approve a permit for the fireworks display provided it was properly supervised, insured and that ' the County was held blameless for any damages. It was seconded by Mr. Braak and unani- mously carried. i I HOLIDAYS The Executive Secretary reported that in the past it had been customary for the Board to declare the day of the FestivaI Parade as a Holiday for County employees. This year it will be held on Saturday, April 3rd, and in order for the Clerk of Superior Court and the Register of Deeds offices to be closed, it is necessary that they de.clare it a legal holiday. Upon motion of Mr. Braak, seconded by Mr. Bowden, the Board unani- mously approved this action. Easter Monda.y - The Executive Secretary reported that he had been requested by the Health Department for a ruling as to whether or not Easter Monday would be a leoal holiday for County employees. It is customary for them to make appointments as much as six weeks in advance and they need to have this information. The records indicate that Easter was omitted frorn the last general action taken on Holidays but that last year the Board expressed themselves that it was their intention to allow Easter Monday as a legal holiday and therefore Dr. Hooper moved that it be declared a leoal holiday this year. it was seconded by Mr. Hall and unanimously approved. ADJOURNMENT - Mr. Bowden then offered a motion that the Board of County Commissioners be adjourned. It was seconded by Mr. Braak and unanimously approved.