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HomeMy WebLinkAboutNS MOU - ERCD - Little River Park Bike Trail Agreement Renewal2/26/2007 2 MEMORANDUM OF UNDERSTANDING Between DURHAM COUNTY, ORANGE COUNTY And The SOUTHERN OFF-ROAD BICYCLE ASSOCIATION (TRIANGLE OFF ROAD CYCLISTS CHAPTER) Regarding Little River Regional Park This Memorandum of Understanding (MOU) is made and entered into between Durham County, North Carolina and Orange County, North Carolina (hereinafter referred to as Durham and Orange respectively), and the Triangle Off Road Cyclists Chapter of the Southern Off-Road Bicycle Association, hereinafter referred to as SORBA, anon-profit corporation duly authorized and existing under the laws of the state of North Carolina. I. PURPOSE The purpose of this MOU is to establish a framework of cooperation upon which mutually beneficial programs, work projects, and bicycling activities may be planned and accomplished by Durham and Orange and SORBA working cooperatively at Little River Regional Park in Durham and Orange Counties, NC. Such programs, projects, and activities will complement the Durham and Orange mission .and are in the best interest of the public. II. INTRODUCTION Durham and Orange are dedicated to the management of the Little River Regional Park for a variety of uses, activities, and outdoor recreation opportunities, including off-road trail bicycling that is environmentally responsible, sustainable, educational, and provides residents with healthy outdoor experiences and an improved quality of life. SORBA is anon-profit organization which represents the off-road bicycling public in the Southeast, and is the recognized leader in establishing trail bicycling ethics, education, safety, trail construction and design standards, volunteerism, and appropriate land-use management on local, State, and Federal public lands. Durham County, Orange County and SORBA share common interests including the preservation of natural areas and green spaces, providing for environmentally friendly nature-based Recreation Opportunities and Experiences (ROE) for individuals and families, and educating the public regarding responsible recreational land use. SORBA has requested the opportunity to construct and maintain multi-use trails on property managed by Durham and Orange in the Little River Regional Park. A "Multi- ti -2- 2/26/2007 use trail" is herein defined as anatural-surface single-track path, generally through a wooded area or other naturalized region, open to cross-country mountain bikers, walkers, and hikers. Motorized vehicles are prohibited. In consideration of the above premises, the parties agree as follows: III. DURHAM AND ORANGE SHALL: 1. Make trails available at Little River Regional Park for off-road cycling (also referred to as cross-country mountain biking), subject to applicable laws, regulations, and other recreational management directions including any restrictions and limitations as deemed appropriate by Park management. 2. Consider construction of new trails to fulfill goals of optimum ROE using published trail construction guidelines as established by the International Mountain Bicycling Association (IMBA). Trail plans must be approved in advance of construction, by Durham and Orange and a qualified SORBA representative. 3. Allow trail maintenance and re-routes, including trail closure when mutually deemed necessary, for purposes of resource management and environmental sustainability. Trail re-routing will be approved by a Fark representative prior to any work. 4. Encourage Durham and Orange officials to participate with SORBA members in the development of mutually beneficial work projects and bicycling related recreational and educational activities. 5. Allow establishment of an IMBA Mountain Bike Patrol program to `assist, educate, and inform' cyclists and other trail users. 6. Provide improvements including signage and information kiosks necessary to support multi-use trails. IV. SORBA SHALL: Provide volunteers to layout, design, and construct multi-use trails in Little River Regional Park. All trails will be constructed to current IMBA standards and shall be designed to be environmentally sensitive, control erosion and be sustainable over time. Construction may be performed using hand tools or by small walk-behind motorized equipment operated by trained and experienced trail builders. All projects will be supervised by trained and experienced Crew Leaders and/or by Park personnel. The safety of volunteers will be of primary importance at all times. 2. Provide volunteers to perform ongoing maintenance of existing and newly constructed mountain biking trails. Perform a monthly. trail inspection with Park representatives. -3- 2/26/2007 4 3. Promote proper trail etiquette and instruction to its members and other trail users to encourage safe and responsible trail usage and to prevent user conflict. 4. Establish an IMBA approved Mountain Bike Patrol program. 5. Provide technical assistance to Durham and Orange on other bicycling related work projects, educational activities, and bicycling opportunities and encourage its members to work with local Durham and Orange officials to discuss and identify opportunities for cooperative work on mutually beneficial projects or activities. 6. Maintain, at its expense, the following minimum insurance coverage: $1,000,000 per occurrence /$2,000,000 aggregate --- Bodily Injury Liability, and $ 100,000 --- Property Damage Liability, or $1,000,000 per occurrence /$2,000,000 aggregate---Combined Single Limit Bodily Injury and Property Damage 7. To the fullest extent permitted by laws and regulations, SORBA shall indemnify and hold harmless Durham and Orange and their officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect arising out of or resulting from SORBA's design and construction of trails, or the actions of the SORBA or its officials, employees, volunteers and contractors under this MOU or under contracts entered into by the SORBA in connection with this MOU. This indemnification shall survive the termination of this MOU. 8. Be responsible for initiating, maintaining and supervising all safety precautions and programs required by OSHA and all other regulatory agencies while providing work under this MOU. V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT: 1. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties of this MOU will be handled in accordance with applicable laws, regulations, and procedures. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority; this MOU does not provide such authority. Specifically, this MOU does not establish authority for noncompetitive award to SORBA of any contract or other agreement. Any contract or agreement for training or other services must fully comply with all applicable requirements for competition. 2. The local contact person(s) for Durham and Orange is Durham or Orange County personnel who have sufficient authority to develop agreements and special-use permits of the type envisioned by this MOU. -4- 2/26/2007 3. This MOU in no way restricts Durham and Orange from participating in similar activities or arrangements with other public or private agencies, organizations, or individuals. 4. Nothing in this memorandum shall obligate Durham and Orange to SORBA to expend appropriations or to enter in any contract or other obligations. 5. This MOU may be modified or amended upon written consent of both parties or may be terminated with 180-day written notice of either party. This MOU shall remain in place until such termination. 6. The principal contacts for this agreement are: SORBA: Keith McFadden Director of Land Access Southern Off-Road Bicycle Assn. P.O. Box 1358 Gainesville, GA. 30503 770-995-0864 ORANGE COUNTY: Lori Taft, Management Director Orange County Recreation and Parks P. O. Box 8181 Hillsborough, NC 27278 (919) 245-2673 Stewart Bryan Vice-President LRRP Coordinator SORBA-TORC Chapter 919-929-9001 DURHAM COUNTY: Attn: Greg Schuster 200 E. Main Street 4~' Floor Durham, NC 27701 7. The parties agree that SORBA is an independent contractor and shall not represent itself as an agent or employee of Durham or Orange for any purpose in the performance of its duties hereunder. Accordingly, SORBA shall be responsible for payment of all federal, state and local taxes as well as business license fees arising out of SORBA's activities in accordance with this MOU. As an independent contractor, SORBA shall perform the work required hereunder in a professional manner and in accordance with the standards of applicable professional organizations. 8. The trails shall be built within a reasonable time period and their construction shall not unreasonably interfere with the operation or recreational uses of the Little River Regional Park. Durham and Orange shall notify SORBA in the event trail construction is unreasonably disruptive or interfering with the normal operations of 5 -5- 2/26/2007 ti the Park and in such event, SORBA shall remedy the situation as soon as possible, to the satisfaction of Durham and Orange. 9. Nothing in this MOU is intended to limit Durham or Orange's authority over Park operations and they shall have the right at anytime to stop the work being provided hereunder for any reason. 10. Durham and Orange shall not be liable to SORBA for any expenses paid or incurred by SORBA, unless otherwise agreed in writing. 11. SORBA shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide work hereunder, unless otherwise agreed in writing. IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last written date below. DURHAM COUNTY Michael M. Ruffin, Durham County Manager Date: SORBA ORANGE COUNTY Laura Blackmon, Orange County Manager Date: Bill Camp, Southern Off-Road Bicycle Association, TORC Chapter Date: Stewart Bryan, Southern Off-Road Bicycle Association, TORC Chapter Date: -6- LITTLE RIVER REGIONAL PARK TRAIL DISTANCES & TRAVEL TIMES (distances and times are approximate) South River Loop Trail: 2.5 miles / 2 hours Ridge Trail & the North River Trail: 3.5 miles / 4 hours Homestead Trail:.33 mile / 30 minutes Interpretive Loop Trail (paved): .25 mile / 15 minutes Don't Forget! For Safety, Trail Access Is Closed 1 Hour Before Park Closing Time. Don't Get Locked In The Park! ~~,~ 51 ~ 1. ~ s ~. W ~~ ss ~~ 105 '~~ 22 1~--. 15 ~ ~ 58 /! J~ I ,. I i ~~ ., i i ~~~ ~i ~.._..~~ 64 ~~ Park boundary Ir`~ .% Streets N Hiking trails '' ,•' Residential access only • 'Access trails !n V, Mountain bike trails V Interpretive loop trail •ip Trail junctions PARK HOURS (gates are open) November 1 -February 28 8:OOam - S:OOpm March 1-31 & October 1-31 8:OOam - 6:OOpm April 1-30 & September 1-30 8:OOam - 7:OOpm May 1 -August 31 8:OOam - 8:OOpm Trails Close 1 Hour Before the Park The Park is closed Thanksgiving Day and December 24 & 25 PICNIC SHELTERS The large shelter, small shelter and individual picnic tables are available on a first come, first served ba- sis. The large and small shelters can be reserved by calling (919) 245-2660, or by inquiring at the park office. Two weeks notice is required to reserve the shelters. PARK RULES Observing the following rules will make your visit a safe and rewarding experience; and help to preserve our park. • Please do not litter. Place trash and recyclables in their proper containers. • ALL PETS must be leashed AT ALL TIMES. • The removal of any objects from the park (plant, animal, rock or artifact) is not allowed. • County parks are wildlife preserves. Hunting, trapping and gathering are not allowed. • Catch-and-release fishing is allowed in designated areas only. No live bait is allowed. • Fires are allowed only in designated areas. • Firearms and fireworks are strictly prohibited. • Possession or consumption of alcoholic beverages is not allowed. • North Carolina motor vehicle and traffic laws apply in the park. Little River ~~ Re~itonal Park & Natural Area ~~~''~ A Durham/Orange County Partnership taGaR ., 60 C~ a~ .: ~ ,,: i 'r~D larr"°~ R~ eetioCn B~vaAa PARK HISTORY WELCOME Little River Regional Park is a 391-acre natural area with hiking trails, mountain biking trials, a paved handicap ac- cessible loop trail, picnic areas, a playground and much more. It is a cooperative project between Durham and Orange Counties, funded equally by both. Major assis- tance has been provided by the Triangle Land Conser- vancy, Eno River Association, NC Clean Water Manage- ment Trust Fund, Parks and Recreation Trust Fund, the Land and Water Conservation Fund and countless volun- teers. The park is managed by the Orange County Rec- reation and Parks Department. PARK ECOLOGY ~"~istoric Paths: Well before European settlers cut roads into the area an extensive system of trading paths was developed by American Indi- ans. In Little River Park, a section of path that may have joined Hillsborough with centers of commerce in Virginia and North follows the river. The Occoneechee and Catawba tribes may have used this path. Milling along the Little River: Evidence of the milling history of the area is abundant along the North Fork of the Little River. Careful in- spection reveals several stages of milling carried out by settlers at this site, including the mill- house site, raceway and dam footings. Tobacco Farming: The Law's family intro- duced tobacco farming on the property. The 15- acre park entrance area is located on former to- bacco fields. Other remnants from the farming history of the park include the farmhouse (at the park entrance), tobacco pack house, corncrib, and tobacco barns. The Little River Regional Park brings visitors up close with the best of the Piedmont's environment and natural resources. The North Fork of the Little River carries some of the Piedmont's most pristine waters and is inhabited by several endemic fish and mussel species. Numerous birds, reptiles, and mammals frequent the park including White-Tailed Deer, Tur- key, Mink, Snakes and Beaver. Visitors to the park may come in contact with the native wildlife which could also include poisonous plants, animals and in- sects. Several tracts of mature hardwood forest can be found in the farther sections of the park, generally on steeper slopes by the river, where logging was more difficult. Several stages of forest regeneration can be seen; older oak, hickory and beech stands are found as well as dense pine stands. ~~~ ti _; ~~~ What's AVallable fOr VISITORS? developed Areas The park offers an office and informa- tion center where visitors can make use of reading materials and environ- mental education tools. Picnic tables, grills, and waste bins are located at the two large shelters. Individual pic- nic areas can be found around the handicap accessible loop trail. The open play meadow provides a place to relax or throw a Frisbee, while the playground offers active recreation for kids. Restroom facilities are located within close proximity. ~"~iking Over seven miles of hiking trails are available in the park. Hikers should follow the green trail markers. Marker numbers indi- cate location within the trail sys- tem, with intersections referenced on the map. Odd numbers mark the Ridge and N. River Trails, while even numbers mark the S. River Loop Trail. Hikers are also permit- ted to hike on the mountain bike trails, but must yield to bikers. Mountain Biking Blue markers indicate moun- tain bike trails. Over seven miles of single-track trails are newly designed, built and ready for use. The level of technical diffi- culty on trails increases with dis- tance from the trail-head. Biking on the gravel logging roads should be limited to emergency situations only. Bikers must be aware that hikers, while not encouraged, are allowed to explore the bike trail system. Questions, concerns, or suggestions should be voiced to park staff at the Little River Park office, (919) 732-5505, or the Orange County Recreation and Parks Department at (919) 245-2660. This brochure is printed on recycled paper