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Home My WebLink AboutAgenda - 11-17-1998 - 8i I ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. $- I ACTION AGENDA ITEM ABSTRACT Meeting Date: November 17, 1998 SUBJECT: Approval of operating agreement; Efland-Cheeks Community-School Park DEPARTMENT: PURCHASING AND Public Hearing: Yes: No: xx CENTRAL SERVICES Budget Amendment Reqd? Yes No xx ATTACHMENT(S): INFORMATION CONTACT: PAM JONES, ext. 2650 Agreement Telephone Number- Hillsborough 732-8181 Chapel Hill 967-9251 Mebane 227-2031 Durham 688-7331 PURPOSE: To consider approval of an operating agreement with the Orange County Board of Education for property which shall be cooperatively used by the two entities for school programs and a community park. BACKGROUND: On a separate item on this agenda, the Board is being requested to approve the final plans for the Efland-Cheeks Community-School Park. Prior to the commencement of construction it is necessary for the County and the School Board to execute a joint-use operating agreement for the property. The attached agreement was prepared by the County Attorney's office and is - highlighted as follows: ➢ The park will operate from dawn to dusk, seven days per week; ➢ Extended after dark hours of operation must be approved by the County and School Board; ➢ Park will be closed during hours of non-operation; ➢ The School shall have exclusive use of the area designated as "Lot 3" on the attached drawing. This includes the playground area; ➢ Exclusive of Lot 3, the general public may use the park during school hours; ➢ The entire Park is open to the general public during non-school hours; ➢ Signage will be posted to advise the public regarding the hours of operation and define the specific"off limits" areas during school hours; ➢ Lighting: ➢ Security lights will be installed throughout the park; ➢ Activity lighting will be installed at the basketball courts. An acceptable lighting schedule will be negotiated with the community and recommended for approval to the two governing Boards. 2 ➢ The County will pay all utility cost, including water, sewer and electricity for lighting; > Use of the park and recreational facilities will be scheduled through the Principal's office at Efland-Cheeks Elementary School. s Scheduling priorities will be as follows: > School planned activities; ➢ County Recreation and Parks Department planned activities; > All others. > Maintenance: ➢ The County will provide grounds maintenance in all areas except Lot #3 which shall be the responsibility of the school during the school year; > School special events requiring special maintenance shall be the responsibility of the School; > Playground equipment inspection and maintenance is the responsibility of the School during school session months. The County and the School will collaborate on maintenance of playground equipment during non-school months. > Orange County Recreation and Parks rules and regulations shall be observed in the park; > Both the County and the School will maintain liability insurance policies with a minimum liability limit of$1,000,000 to cover their interests as they may appear; > Each party shall provide proof of insurance annually to the other party; • The least shall remain in effect for fifty years (50), effective December 1, 1998; > Note: The County Attorney recommends that the lease for property upon which the Community Center building is located be extended to coincide with the termination of this lease as well. The Community Center lease was scheduled to terminate on September 30, 2041. If the lease is extended it will expire effective November 30, 2048 as would the park property lease. > This agreement will be reviewed every five years to determine it's continued effectiveness. Amendments may be negotiated as appropriate. It is our understanding that the Orange County School Board will consider this matter during their meeting on November 23, 1998. RECOMMENDATION: The Manager recommends that the Board approve the Joint Use Agreement for the Efland-Cheeks Community-School Park, contingent upon final review and approval by the Orange County School Board; and authorize the extension of the Community Center property lease; and authorize the Chair to sign on behalf of the Board. 3 JOINT USE AGREEMENT FOR RECREATIONAL FACILITIES THE EFLAND-CHEEKS ELEMENTARY SCHOOL AND EFLAND- CHEEKS COMMUNITY CENTER THIS JOINT USE AGREEMENT,made and entered into this day of , 1998,by and between Orange County(hereafter"the County) and the Orange County Board of Education(hereafter"the School Board") for the "pint use of recreational facilities to be built on properties owned by the County and the School Board (hereafter'the facilities')which properties are known as the Efland-Cheeks Community Center and Efland-Checks Elementary School. WITNESSETH; WHEREAS,the County and the School Board wish to work together to develop joint schooVpark facilities for the recreational use of the residents of Orange County;and WHEREAS,the County and the School Board recognize the increasing need for more and different school recreational facilities and playgrounds at the Orange County Public School System;and WHEREAS,the County recognizes the need for more and different recreational facilities for its citizens and desires to make schooVpark facilities available to the residents of Orange County;and WHEREAS,the County and the School Board recognize the many benefits that dual school/park programs can provide to students and the general public; and WHEREAS, in the interest of providing the best service with the least possible expenditure of public funds, full cooperation between the County and School Board is necessary; and WHEREAS,the County has begun planning for and the construction of park and recreational facilities on properties owned by the County and the School Board which include a multipurpose athletic field,basketball courts,a walking trail, and a picnic slicker, and will provide equipment such as basketball goals, playground equipment, benches, trash cans,drinking fountains,grills and picnic tables; and 4 WHEREAS, the County and the School Board wish to enter into a "Joint Use Agreement" governing the maintenance. operation and continued public use of the facilities. NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the County and the School Board do now agree to cooperate with each other in carrying out the above stated purposes,and to that end agree to.jointly operate, maintain and make available to the public the facilities as follows: 1. LAND TO BE USED: The facilities subject to this agreement are located on the properties described as Lots I, 2, 3, and 4 in the Boundary Survey performed by Callemyn Parker, Inc.,shown on sheet DD2 of the Efland-Checks Community School Park Design Development Documents by Woolpert,LLP, a copy of which is Exhibit A to this agreement. 2. HOURS OF OPERATION OF PARK AND RECREATION FACILITIES: (a) The park and recreation facilities shall be open from dawn to dark,seven days a week. After dark hours of operation may be considered and approved by the County and the School Board in the future. (b) The park will be closed and will not he available for use at any tines other than during the hours of operation. (c) It is anticipated that the outside basketball courts will be lit for use after dark during the first phase of development of the park facilities. After dark hours of use of and operation of the outside basketball courts will be determined by the County and the School Board. 3. USE OF FACILITIES: (a) The Efland-Cheeks School shall have exclusive use during school hours of all areas in "Lot 3" as designated on Exhibit A. (b) The general public may use the other areas of the park and recreation facilities during school hours and the park and recreation facilities in Lot 3 during non- school hours. 4. SIGNS: (a) Signs shall be installed and maintained informing the public that the park and recreation facilities are open to the general public when not reserved for 2 5 exclusive school use and indicating the times when the facilities are reserved exclusively for school use. (b) Signs shall also be installed and maintained informing the public of the hours of operation of the park and recreation facilities and the fact that persons using them other than during hours of operation will be trespassing and subject to prosecution for trespassing. 5. LIGHTING OF FACILITIES; (a) Security lighting will be installed and located strategically.The County and the School Board shall collaborate to determine the best sites. (b) It is not anticipated that the playing fields will be lit for use after dark during the first phase of development. Should lighting be considered desirable at some point in the future,the County and the School Board will negotiate an acceptable playing field lighting schedule with members of the community. 6. UTILITIES: The County shall pay the costs of utilities for the park and recreation facilities: water, sewer and electricity for lighting. 7. SCHEDULE FOR JOINT USE OF SCHOOL/PARK FACILITIES: (a) Scheduling of the use of the park and recreation facilities shall be done by the Principal of Efland-Cheeks Elementary School or her/his designate. (b)School planned activities shall have first priority;County Recreation Department planned activities shall have second priority;all other activities shall have third priority. 8. MAINTENANCE: (a) Grounds.The facilities shall be maintained so as to be and remain attractive and inviting to the public. (i) The County shall provide. at its expense, grounds maintenance in areas identified as"Lot I,"'tot 2"and"Lot 4"on Exhibit A. The School Board shall provide all grounds maintenance for "Lot 3" on Exhibit A. (ii) Any School Board special event requiring out of sequence or otherwise higher or different maintenance than that regularly scheduled by the County shall be performed by the School Board at its expense. 3 8 ORANGE COUNTY BOARD OF EDUCATION By: Delores Simpson,Chair Orange County Board of Education ATTEST: !OFFICIAL SEAL] Secretary NORTH CAROLINA ORANGE COUNTY I, , a Notary Public for said County and State, certify that Beverly A.Blythe personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County,the foregoing instrument was signed in its name by Margaret W. BMwn.Chair,sealed with its official seal, and attested by herself as its Cleit Witness my hand and official seal, this the day of , 1998, Notary Public My commission expires: NORTH CAROLINA ORANGE COUNTY I, ,a Notary Puhlic for said County and State, certify that personally came before me this day and acknowledged that he or she is Secretary of the Orange County Board of Education, and that by authority duly given and as the act of the Orange County Board of Education,the foregoing instrument was signed in its name by its Chair.sealed with its official seal, and attested by him or her as its Secretary. Witness my hand and notarial seal,this the day of , 1998. Notary Public My commission expires: mydsxaumeatsydntuseagreanaitdoc 6 01 1 ' il FIFY'M► • . Y� I ti'rif•... ,., . .r.•l..�•.\ a "� r. w•N. F•\ '\ '' +..r. v\ dyJl+a \J I r IIII�1 II -e 5, _ \� \ , �" �' —`�' Ji ...... �., zr, 11.111 -\ / — rw ! 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