Loading...
HomeMy WebLinkAbout2003 S ERCD - Durham County Proposed Master Plan for Little River Regional Park STATE OF NORTH CAROLINA COUNTY OF ORANGE and COUNTY OF DURHAM INTERLOCAL AGREEMENT FOR THE OPERATION AND MAINTENANCE OF LITTLE RIVER REGIONAL PARK This INTERLOCAL AGREEMENT; is hereby made and entered into this the 28a' day of June 2003, by and between ORANGE COUNTY, hereinafter referred to as "Orange County," and DURHAM COUNTY, hereinafter. referred to as "Durham County," pursuant to N.C. Gen. Statute 160A-460 et seq., and other applicable laws. WITNESSETH: WHEREAS, Orange County and Durham County own certain adjacent property known collectively as Little River Regional Park and Natural Area, (hereinafter referred to as "Park"), of which 136 acres are located in Orange County and 255 acres are located in Durham County, a map of which property is attached hereto as Exhibit A; and WHEREAS, Orange County and Durham County have agreed to make the Park available for low-impact outdoor recreational purposes, including picnic areas, play meadows, nature study, walking trails, and other recreational uses; and WHEREAS, Orange County and Durham County have agreed to monitor and protect sensitive natural and cultural resources known to exist on the Park property; and WHEREAS, Orange County and Durham County desire to share revenues and expenses equally for the joint use and mutual benefit of the citizens of both counties; and WHEREAS, Orange County and Durham County agree that Orange County should operate and maintain the park to the mutual benefit of citizens of both counties during the term of this Agreement and any subsequent extended term thereof, pursuant to N.C. Gen. Statute 160A-355, N.C. Gen. Statute 160A-460 et seq., and other applicable law. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contain herein, the parties hereto agree as follows: Park Name. The official name of the Park shall be "Little River Regional Park and Natural Area." Orange County will install a prominent sign, consistent with Orange County zoning regulations, at the entrance to the park indicating that name as approved by both counties and included in the Park Master Plan. In some instances, the name may be shortened to the "Little River Park". Page 1 of 8 2. Park Master Plan. Little River Regional Park and Natural Area shall be developed in accordance with a Park Master Plan (hereafter "the Plan"). The Plan shall be developed jointly by Orange and Durham counties and approved by both Boards of County Commissioners (hereinafter collectively referred to as "Boards"). 3. Names on Park Facilities. Any formal naming of park amenities (e.g., trails, shelters, etc.) or acknowledgment of people on signage (e.g., project partners, monetary contriliutors, etc.) will be in accordance with a joint naming policy to be developed and approved by both Boards as a part of the Plan. 4. Ownership and Use. The land shall continue to be owned as separate parcels with Orange County owning the 136 acres located in Orange County and Durham County owning the 255 acres located in Durham County. a) Allowed Uses. The Park shall be open and available to the general public regardless of race, gender, color, creed, age, disability, familial status, marital status, veteran status, political or religious affiliation or national origin. Orange County and Durham County, through their respective Boards, with input from a citizen advisory committee and other members of the public, have agreed on what uses will and will not be allowed in the Park. Modification of the approved uses will be considered through the joint county staff and recommended for consideration and approval by the Boards. b) Conservation Easements. Both counties recognize that the Park was acquired with grants from the NC Clean Water Management Trust Fund and NC Parks and Recreation Trust Fund and that there are conservation easements in place encumbering the property as a result of those grants. The conservation easements are recorded at the Orange County Register of Deeds, Book 2198 Page 256 and at the Durham County Register of Deeds, Book 3027 Page 194. c) Easements. Any access easements developed for the public use of adjacent private property shall be approved liy both Boards. d) Additional Tracts. As opportunities develop in the future, additional tracts may be considered by the two counties for acquisition. Amendments to the Plan to include the additional tract(s) will be initiated through the joint county staff with recommendations to both Boards for approval. If the proposed additional tract(s) will require additional costs for maintenance and/or operations, then the additional cost of maintenance and/or operations shall be negotiated and approved by both Boards. If, however, the additional tract(s) will have no financial impact on costs associated with Park operations and maintenance, then the purchase of each proposed tract may be made by the County where the tract is located if the tract is located in only one of the Counties. If the tract is located in both Counties, Page 2 of 8 both Boards must approve the purchase and must approve the manner in which title to the tract is conveyed. 5. Park Policies and Re 1„~?u ations. Orange County and Durham County, through their Boards, with ~ input from their respective citizen advisory committees, shall approve all rules, regulations, ordinances, policies, fees, and operational guidelines to be implemented by Orange County and where necessary by Orange County and Durham County in the operation and management of the Park, unless specifically otherwise provided for in this Agreement. The policies and regulations maybe amended from time to time by mutual agreement and approval of the Boards. The policies and regulations shall include, among other things determined appropriate by the Boards, the Park description, naming policies, operational guidelines, fees, collection procedures and maintenance requirements. 6. Budget. The Orange and Durham County Managers, or their designees shall meet to consider and make recommendations regarding a Park development budget, an annual budget for the operation of the Park, and a capital budget. The capital budget shall include capital improvements to be made to the Park within the next fiscal year, which shall be presented as capital project ordinances for each County. The recommendations of the Managers. shall be submitted to their respective Boards. The Boards shall each consider such budget recommendations and take such action as deemed appropriate. The failure of the respective Boards to agree upon a development budget, an annual operating budget, or a capital budget for the Park shall be grounds for terminating this Agreement, except as provided in section 7(c), herein. 7. Park Funding. a.) All operating and maintenance costs of the Park shall be shared equally by both counties (Orange County 50% and Durham County 50%). Orange County, through its Recreation and Parks Department, shall be responsible for operating and maintaining the Park and shall invoice Durham County twice annually 50% of the actual operating and maintenance costs, including building and grounds maintenance, personnel costs, indirect costs, property insurance and any other costs incurred to properly operate and maintain the Park. Durham County shall not share in the cost to repair damage to the Park and its facilities caused by the intentional or gross negligent acts and omissions of Orange County personnel or its contractors in the performance of their obligations rendered pursuant to this Agreement. In no event shall the amount invoiced exceed the budgeted amount for the Park in the then current fiscal year. Amounts budgeted for the Park as part of each county's annual budget may be increased to cover unforeseen and unbudgeted expense. Such unforeseen and unbudgeted expense shall be invoiced as provided here but only after it is approved by both County Managers and both Boards as an amendment to the applicable Park budget. Provided, however, emergency Page 3 of 8 repairs (as defined herein) needed may be undertaken after their cost is approved in writing by both County Managers. For. purposes of this Agreement, the term "emergency repair(s)" shall mean those repairs made necessary as the result of acts of God which repairs cannot be postponed for approval of a budget amendment by both Boards. After the costs are approved by the County Managers, both Boards shall be presented with said emergency repair costs as an amendment to the applicable Park budget at the next Board meeting of each Board. These approvals must be obtained before the expense is incurred. Each County will provide to the other County detailed accounting of both direct and indirect costs for reconciliation .purposes. Insurance reimbursement for repairs will be accounted for in the applicable Park budget and made a part of the reconciliation. b.) Development costs of the Park shall be shared equally by both counties (Orange County 50% and Durham County 50%). Orange County is responsible for the development of the Park according to the Plan and shall account to Durham County for the development costs approved in the Development budget. c.) Capital costs of the Park shall be shared equally by both counties (Orange County 50% and Durham County 50%) and paid as provided in capital project ordinances adopted by Orange County and Durham County. Notwithstanding the foregoing, either County may budget and/or expend funds for capital for the Park which the other County will not or cannot approve, so long as such expenditure or any portion thereof is not invoiced to the other County for reimbursement or charged against the other County as an expenditure. Such unshared expenditures shall not be considered a part of the Park budget and shall not become a cost to be reimbursed in the event of termination. d.) At the end of each fiscal year, the Finance Directors of both Counties shall meet to conduct a review and reconciliation of amounts paid and payable under this Agreement. Such adjustments or payments as may be necessary to effectuate the reconciliation agreed upon by the Finance Directors of both Counties shall be promptly made. Reconciliation shall be completed prior to October 15 of each year. 8. Contracts. Orange County shall contract with engineers, consultants, contractors and other parties as necessary to complete park development in accordance with the approved Plan. In all cases, Orange County will comply with both counties' shared goals of enabling minority-owned firms to participate as contractors and sub-contractors in contracts for the development of the Plan. Orange County shall also comply with bidding procedures set forth by general statute and shall not exceed budgeted amounts by either County. Durham County agrees that the Page 4 of 8 engineers, consultants, contractors and other parties as necessary may access so much of the Park as is owned by Durham County to accomplish the Plan. Those contracts required by State law to be approved by a county board, shall .be approved by the Orange County Board. Those contracts not requiring board approval by State law shall be approved in accordance with Orange County fiscal policy. 9. Park Revenues. All revenues generated from operation of the Park shall be shared equally by the two counties (Orange County 50% and Durham County 50%). Revenues shall be collected, when due, by Orange County, netted against operating and maintenance costs of the Park and designated as a set off on the invoice from Orange County to Durham ~`ounty provided for in Section 7 of this Agreement. 10. Park Caretaker Residence. Orange County shall contract with engineers, consultants, contractors and other parties as necessary to establish a Park caretaker residence near the main entrance to the Park in a manner mutually agreed upon by both Boards. 11. Park Operation and Maintenance. During the term of this Agreement, Orange County shall manage the Park and provide operation and maintenance services customarily provided for in such instances, and shall do and perform any and all things reasonably necessary for the pleasure, comfort, service and convenience of those who use the Park. a) Maintenance of Grounds. Maintenance of the Park grounds shall be performed by employees of the Orange County Recreation and Parks Department, the Orange County Public Works Department or contractors as necessary to ensure proper and adequate maintenance. All contract maintenance costs shall be documented and accounted for as provided in Section 7. b) Maintenance of Buildings. Maintenance of all buildings and .structures located on Park property shall be performed by the Orange County. Recreation and Parks Department, the Orange County Public Works Department, or contractors as necessary to ensure proper and adequate maintenance. c) Personnel. Personnel at the Park will be Orange County employees or independent contractors employed by Orange County under the jurisdiction of Orange County and, if Orange County employees, will fall under the personnel rules and policies governing the hiring, discipline, dismissal, pay and any other procedures established by Orange County affecting its employees. Page 5 of 8 12. Insurance. Both counties will share equally the cost of property insurance pursuant to Section 7. The cost of liability insurance maintained by either party, if any, shall not be shared. 13. Park Security -and Public Safety. Orange County and Durham County shall coordinate their efforts in providing for safety and security. of users of the Park, Park staff, and adjacent landowners in the most effective and efficient manner possible. Orange County and Durham County agree to enter into a mutual aid agreement providing for response to fire and emergency medical services. 14. General Provisions. a) Relationship of Parties. Durham °County and Orange County shall not have the power to bind or obligate the other party. b) Assi ng meets. This agreement is not assignable by either party without the written consent of the other. c) Notices. All notices provided for in this agreement shall be in writing, addressed to the respective county managers. d) Governing Law. This agreement shall be construed under the provisions of the law of the State of North Carolina. e) Good Faith. The parties mutually agree to deal in good faith one with the other in all respects in performing their duties under this Agreement. All actions recommended and implemented in the Plan will require joint approval by both Boards. 15. Entire Agreement. Except as otherwise provided in this Agreement, this Agreement contains the entire agreement between the parties. Amendments, if any, shall be in writing and signed by both parties. 16. Duration. This agreement shall be effective as of the above date and will expire June 30, 2007, unless terminated or extended as provided herein. Orange County and Durham County will discuss, prior to January 1, 2007, whether either county intends to assume or make other arrangements for operation of the Park at the termination of the original term of this Agreement or whether Orange County and Durham County desires to continue a contractual relationship for operation of the Park and upon what terms. The expectation of both counties is to continue this Agreement beyond June 30, 2007 on a year to year basis, except as properly amended unless this Agreement is terminated in a manner set forth herein. Page 6 of 8 17. Termination. a) This agreement shall be subject to annual review and may be terminated at the end of the fiscal year upon one (1) year advance written notice by oz~e party to the other party. b) In the event Durham County and Orange County cannot agree on the Plan or annual Budget as required by Sections 2 and 6 respectively, or any other provision of this Agreement which requires approval from both Boards, this agreement shall be terminated. c) Upon the expiration or termination of this Agreement, park amenities and the costs associated therewith will be distributed as follows: i) Real Property: The land shall continue to be owned as separate parcels with Orange County owning the 136 acres located in Orange County and Durham County owning the 255 acres located in Durham County. With respect to additional tract(s) acquired during the term of this Agreement and any extensions thereof, the additional tract(s) shall be owned in the manner acquired. ii) Costs of Improvements: The Counties agree to share equally in the value of the improvements made to the Park in the respective Counties, including but not limited to picnic shelters, campsite facilities, restroom structures, and the park caretaker residence. (For example, if the value of the improvements made to the portion of the Park which sits in Orange County equals $20,000 and the value of improvements made in Durham County equals $10,000, then Orange County will reimburse Durham County the set off amount of $5,000.) The value of said improvements shall be determined at the time of termination. iii) Grant Funds: The parties acknowledge that grant funding has and may be awarded to Durham and Orange Counties for the development of the Park. Orange County administers said grants and shall continue to do so for the joint benefit of the Counties. Upon termination, Durham County shall be reimbursed by Orange County in an amount equal to 50% of the total grant funds received, not yet expended and not subject to being returned to the granting authority, which have been planned for expenditure on amenities situated or to be situated in the Park. iv) This Agreement shall survive termination for the purposes of reconciliation or payment of any amount due and unpaid at the time of termination. Page 7 of 8 IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST: Clerk to the Board FOR By: Orange County Manager ATTEST: Clerk to th oard FOR DURHAM COUNTY By: Michael M. Ruffin, Durham County Manager ,EGAL SUFFICIENCY: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ~~~ range County Finance Director This instrument has been pre-audited in the manner required by the Local Government Bud t d Fiscal Contr Durha unty Finance Director Page 8 of 8