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HomeMy WebLinkAbout2001 S Co Manager - Amended Smith Middle School Athletic Field Use ArrangementVersion approved by Orange County Commissioners on 2/20/01 STATE OF NORTH CAROLINA DEVELOPMENT AND JOINT USE AGREEMENT COUNTY OF ORANGE v PLEASE RETURN THIS COPY TO THE CARRBORO TOWN CLERK THIS AGREEMENT, made and entered into by and between the Town of Carrboro, North Carolina, a North Carolina municipal corporation, 301 West Main Street, Carrboro, North Carolina 27510 (hereinafter referred to as the "Town "), the County of Orange, a North Carolina municipal corporation, 200 S. Cameron Street, Hillsborough, North Carolina 27278 (hereinafter referred to as the "County "), and the Chapel Hill - Carrboro City Board of Education, a school administrative unit under the laws of the State of North Carolina, Lincoln Center, 750 S. Merritt Mill Road, Chapel Hill, North Carolina 27516 (hereinafter referred to as the "Board' of Education "), for the joint use and maintenance of facilities to be built by the Board of Education on property leased by the County, hereinafter referred to as the "R.D. and Euzelle P. Smith Middle School" (the "School Site "). WITNESSETH WHEREAS, the parties to this Agreement are public bodies, politic and corporate, under the laws of the State of North Carolina; and WHEREAS, the parties are vested with the power and authority to own and improve real estate for recreational and other public purposes; and WHEREAS, the Board of Education is in the process of finalizing plans for the construction of the Smith Middle School and appurtenant recreational fields on the School Site; and WHEREAS, the Board of Education, the County and the Town recognize that there may be mutual benefits and cost savings associated with a cooperative effort to develop recreational facilities for shared use; and WHEREAS, the parties recognize the mutual benefit in the Town's acting as lead entity for programming of such facilities during non - school hours and for communicating with the Board of Education and County regarding that programming; and WHEREAS, the Board of Education, the County and the Town have consulted each other and have determined that their respective interests may be furthered if an additional recreational field and related amenities for joint use are developed. at the School Site contemporaneously with the construction of the Smith Middle School; and WHEREAS, the Board of Education, the County and the Town have recognized the need for additional public athletic fields, and particularly soccer fields, that can be made available for governmental and private organizations to program and expand recreational opportunities in the area; and. WHEREAS, the Board of Education, the County and the Town agree that community use of the recreational fields and parking lots at the Chapel Hill High School, Seawell Elementary School and Smith Middle School would benefit the citizens of Carrboro and Orange County; and WHEREAS, the laws of the State of North Carolina provide that the parties hereto may contract and agree, each with the other, for the joint use of facilities for the stated public purposes; and WHEREAS, in furtherance of, the aforesaid, the parties hereto do propose to contract and agree for a period of thirty (30) years, to jointly use and mutually operate recreational fields and appurtenant facilities all of which are to be constructed by the Board of Education on the School Site; and WHEREAS, the implementation of this Agreement would fulfill substantial Board of Education, County and Town needs, and be of significant mutual benefit to the parties hereto, and to the public generally; 2 WHEREAS, it is understood by the parties that the land on which the specific fields referred to herein are to be located is owned by the University of North Carolina at Chapel Hill and is State property, that the land on which the fields referred to herein are to be located is leased to the Orange County Commissioners for the specific purpose of providing additional land for the School Site, and that all agreements between the parties will be subject to the underlying lease agreements and rights of the State of North Carolina and the University of North Carolina at Chapel Hill but in no event shall the County's and the Town's access to the soccer field identified as Field 3b in this Agreement, once constructed, be denied or limited during the term of this Agreement; and WHEREAS, the Board of Education has or expects to have control of land currently owned by the University of North Carolina at Chapel Hill which is to be leased to the Orange County Commissioners for use by the. Chapel Hill - Carrboro City Schools, and has represented that the leasing arrangement has been approved by the Board of Trustees of the University of North Carolina at Chapel Hill and currently awaits approval by the Council of State, that the plan to construct new recreational and athletic fields on the property which will be. the subject of the lease, and that the development of the fields referred to herein is specifically conditioned upon the final execution and approval of that lease by the Council of State, the University of North Carolina at Chapel Hill, the Orange County Commissioners, and the Chapel Hill - Carrboro City Board of Education. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 3 1. Construction of An Additional Recreational Field by the Board of Education: The Board of Education plans to improve existing recreational and athletic fields and to construct new fields at the Smith Middle School site. By this Agreement, the Board of Education agrees to construct an additional recreational field on a portion of the Smith Middle School site, which is situated in the Town of Carrboro. The additional recreational field and the general location at the site of all planned fields are more particularly depicted as fields numbered 1, 3a, 3b, and 4 on the Overall Site Plan annexed to this Agreement as Schedule A. The additional field is specifically one of the two soccer fields and is identified on Schedule A as Field 3b. Subject to and contingent on the Board of Education obtaining such governmental approvals, permits, and funding as may be required by applicable state and local laws and ordinances for the construction of the recreational fields, the recreational fields which are the subject of the Agreement (collectively referred to herein as the "Fields') are a softball/baseball field (Schedule A, Field 1), two soccer /practice fields (Schedule A, Fields 3a and 3b) and six (6) tennis courts (Schedule A, Field 4). It is the intention of the Board of Education to complete construction of the Fields and begin use thereof at the earliest possible time. In this connection, irrigation systems and sod are planned for installation on recreational Fields 1 and 3a. The Board of Education agrees to install an irrigation system and sod on Field 3b, the cost of such installation to be paid by the Board of Education. In consideration for these improvements, Field 3b will be available for use by the Board of Education during all days that school is in session until the end of the regular school day. The parties agree that Field 3b shall be available for Town and County use commencing at 4:00 p.m. on days that school is in session. 4 (a) Lights for Evening Programs: The parties hereto, either jointly or, if one of them decides to do so, independently,. may purchase and install conduits and/or lights at any Field or Fields either during the initial field construction or anytime in the future. (b) Miscellaneous Amenities: The Board of Education will provide a backstop, dugout area and bench, and perimeter fence for the softball/baseball field (Schedule A, Field 1), a scoreboard and two professional quality soccer goals for each of the soccer fields (Schedule A, Fields 3a and 3b), sufficient bench space to seat two full soccer teams at each of the soccer fields (Schedule A, Fields 3a and 3b), a minimum of four (4) trash receptacles, and toilet facilities. The Board of Education will seek donations of an electronically operated scoreboard from a private third party. Provided, however, that if the Board of Education cannot find such a third party to donate an electronically operated scoreboard, the Board of Education is under no obligation to provide an electronically operated scoreboard. 2. Payment of County and Town Contributions to Construction Costs. Upon the . completion of the construction work and installation of amenities described above in accordance with a Conditional Use Permit to be reviewed by the Town for this project, the County and the Town will each pay to the Board of Education the sum of Seventy -Five Thousand ($75,000) Dollars, for a combined total contribution of One Hundred Fifty Thousand Dollars ($150,000), said sum to be applied to the cost of the construction of Field 3b by the Board of Education at the School Site. 3. Joint Use Of Recreational Fields: The Board of Education agrees that the Town and the County shall have the right to use Field 3b at all times when school is not in session. Additionally, the Town and the County may use Fields 1, 3a, and 4 when said Fields are not in use by the Board of Education, in accordance with the Board of Education's general policy and 5 procedure for use of school facilities by non - school entities in effect at the time of the proposed use of the Fields. The parties understand and agree that the Town and the County will work together to coordinate programming of the use of the Fields when school is not in session and that the Town will be the lead entity for programming such use and communicating with the Board of Education regarding the same. The Board of Education, the County and the Town will make the soccer fields available for use on a Fall weekend each year for a community festival for the Hispanic population, provided that the event be scheduled at least sixty (60) days in advance to allow for program planning by the Town, and the County. Minor alterations in the schedule for use of the Fields Use may be made, from time to time, by representatives of the parties without formal approval of the parties as long as such alterations and the name of the representative authorizing such alterations are documented in writing 4. Utilities, Maintenance and Upkeep The Board of Education shall be responsible for, and shall bear the full cost of, upkeep and routine maintenance of the Fields, including sod and irrigation facilities. However, costs associated with extraordinary maintenance and repair of the portion of the irrigation system servicing Field 3b, including labor, supplies and materials, shall be divided equally among the parties. The Board of Education will not undertake or contract for such extraordinary maintenance and repairs of Field 3b without the prior consent of the Town and the County. (a) As set forth in paragraph 1(a), the Town and the County, or either of them, may, at their own cost and expense, install and maintain lights at one or more of the Fields. The party or parties installing lights at the Field(s) shall be responsible for the maintenance and upkeep of the light system. The Board of Education may use the light system, provided that the Board of N Education shall document its time of usage and, if the Board of Education uses the light system for more than ten (10) hours per year, the Board of Education shall contribute toward the annual maintenance and repair costs in proportion to its use of the lights. (b) Each party shall be responsible for its own lining or marling requirements. The parties agree to use only non -toxic and non - corrosive products for maintaining, lining or marking Field 3b, in accordance with the Town's Least Toxic Integrated Pest Management Policy. 5. Joint Use of Parking Area and Playground: The Board of Education agrees that the public shall have use of the parking lots and recreational facilities at Chapel Hill High School, Smith Middle School and Seawell Elementary School. Minor alterations regarding the schedule for availability of these parking lots and recreational facilities may be made, from time to time, by representatives of the, parties without formal approval of the parties as long as such alterations and the name of the representative authorizing such alterations are documented in writing. 6. Provision for Town and County Summer Camp or Similar Programs: The Fields may be reserved for a Town or County summer camp or Town or County programs, during the months of June, July and August, when school is not in session. Such reservation shall be made in writing by the Town or County to the Board of Education or its designee, on or before April 1 of the year in which the Town or County proposes to conduct a camp or programs at the School Site. It is understood that the Fields will require periods when activities will not be scheduled in order to provide time for turf rejuvenation. Reservation and use of fields will be scheduled accordingly. 7 In the event the Board of Education determines that the Smith Middle School should be operated as a year round school, the Town and County may schedule programs during the intercessions of such year round school when the school is not in session. 7. Availability of Smith Middle School Site: The Town and the County understand that due to possible construction delays, the Smith Middle School site, including Fields 3b, may not be available for immediate use when the school opens as scheduled for the 2001 -02 school year, and agree that any delay in use due to construction shall not constitute a breach of this Agreement. Provided, however, that such delay in use. shall not exceed two (2) year from the date that the Smith Middle School opens to students. 8. Waiver of Subrogation/Insurance: The Board of Education agrees to maintain fire, extended coverage, and vandalism and malicious mischief insurance on the premises and on personal property of the Board of Education contained therein to the extent of its full insurable value; the Town and County shall do the same with respect to their property located in or on the premises. The parties hereby mutually release and discharge each from all claims or liabilities arising from or caused by fire or other casualty covered by the above insurance on the premises, or property in or on the premises. 9. Casualty and Liability Insurance: It is understood and agreed by and between the parties hereto that each party shall carry such casualty and liability insurance as will protect its interests in said facilities, and protect itself in the event of injury to persons or property involved in the use of said premises by said party. Each party shall furnish to the other party upon demand, satisfactory evidence of insurance. 10. Indemnity: Each party hereto shall, to the extent allowed by law, indemnify and hold harmless and defend the other parties, their agents and employees from any claims, 0 cost, expense, liability, action or judgment, including attorney's fees, arising out of or related to any personal injury, death or property damage with respect to its use of the premises, except to the extent the same are caused by the negligence or misconduct of another party or parties. 11. Use by Other Parties: It is understood and agreed hereto that the parties shall endeavor to make the Fields available on a reasonable and non - exclusive basis to other interested groups and public bodies when not in conflict with the program of the parties hereto, upon such terms and conditions as the parties entitled to use of the Fields pursuant to this Agreement may, in their discretion, establish. The Town and County may make Field 3b available to, and co- sponsor events and programs with, other interested parties during times reserved for use by the Town and County. 12. Amendments: This Agreement may be amended by mutual written agreement if the Board of Education, the County and the Town. 13. Term:- This agreement shall exist and continue for a period of thirty (30) years beginning September 1, 2001 and ending August 31, 2031. Provided, however, that the parties will review this Agreement on or about September 1, 2001, and every five (5) years thereafter, to determine whether the Agreement is operating in a manner that is satisfactory to the parties. If any party believes that changes in circumstances have substantially affected the rights and responsibilities of the parties under this Agreement, that party may initiate an in -depth review of the Agreement for the purpose of re- negotiating the terms and conditions of this Agreement. In the event of such an in -depth review, the parties will in good faith re- negotiate the terms and conditions of this Agreement to accommodate the changes in the circumstances of the parties and to maximize joint use of the facilities. A change in the terms of this Agreement based upon such re- negotiation shall not constitute a breach of this Agreement. 0 This is to certify that on this day personally appeared before me, �� - i1V,c,(L' with whom I am personally acquainted, who being by me duly sworn,, says that Robert Morgan is Manager of the Town of Carrboro and that he /she, Zt{A A,,�. , is the Town Clerk, a body politic and corporate, described in and which executed the foregoing Agreement; that he /she knows the common seal of the Town of Carrboro; that the seal affixed to said instrument is said common seal; that the name of the Town of Carrboro was subscribed thereto by said Manager of the Town of Carrboro and said Town Clerk subscribed their names thereto and said common seal was affixed, all by and that said instrument is the act and deed of said Town of Carrboro. Witness my hand and seal, this the 24 day of 2006.1 of ublic My commission expires: d CHAPEL HILL - CARRBORO BOARD OF EDUCATION Name, Title Name, Secretary ORANGE COUNTY Stephen H. Halkiotis, Chair 14 �7 01 / lez- everly Blfthe, Cl r 11