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HomeMy WebLinkAbout1998 NS Approval of Operating Agreement – Efland-Cheeks Community School Park 3 JOIN'USE AGREENIENT FOR RECREATIONAL FACILITIES THE EFLA ND-CHEEKS ELEMENTARY SCHOOL AND EFLA Iii D- CHEEKS COMMUNITY CENTER THIS JOINT USE AGREEMENT',made and entered into this day of 1998*by and between Orwge County(hereafter"thee County) and the Orange County Board of Edition(hereafter a the School Board,) for the Joint use of =reational facilities to be built on properties owned by the County and the School Board (hemafter'the facilities*)which properties are known as the Efland-CheeU Community Center and Efland-C hecks Elementary&c;ho oL Wrl`N ES . WHEREAS,the County and the Schaal Board wisb to work together to develop joint schoollpark f wilities for the rational use of the residents of Ckange County,and WHEREAS,the County and the School Board recognize the increasing need for more and different school rccmatkinal facilities and playgrourx6 at the Orange County Public School S ys teM;and V;HEREAS,the '_e unty recognizes the need for nwre and different recreational facilities ites fbr its cites and desires to make schoo Vpark facility available to the residtnts of Orange Ctnmty;and WHEREAS,the County and the School Board recognize the many benefits that dual schoolf park programs can providc to stv&nts and the general public; and WHEREAS, in the inter of providing the best service with the least po&sihle expenditum of public funds. full cooperation he-twecn the County and School Board is necessary; and WHEREAS,the County has begun planning for and tlt construction of park and recreational facilities on propesties owned by the County and the School B o arcd which include a multi puma se athletic field,baisketba l l courts,a walking trail, and a picnic sheke r, and will pmvi&equipment such as twketball goals, playground equipment, benches. trash cans,drinking fountahm grills and picnic tables; aid 4 WHEREAS. the County and the School Board wish to enter in to 'a "�c�rnt Use A te" goveming the maintenaray. o�ra1ior and��n� nued public use()f the facilits"M NOW,'THEREF RE,in consideration of tho mutual rolnise',,and co verb conWned herein,its County and the School Board do now agm to cooperate with each Other in carrying out the above stated p ,lq, to that end agrft to." intly o er• maintain ntsin and make available to the public the facifitfes as fo llo w.s: r LAND TO BE USED: The facilities su b*t to thiq agreenr nt are lc%;ated on the properties descri bCd as L.o Yo 21 3, and 4 in the Boundary Survey performed by C llcmyn parke r, Inc.,shown on sheet DD2 of Ehe Efland-Ch�ks Community Rchool Park Design Devclo nwnt Docurw s by Woo4wM L LP, a copy of which is Exhibit R to this agreement. 2. HOURS OF OPERATION OF PARK AND RECREATION TOIL] FACILIT1 ES: i ) Mic park and mcremion racilities shall be open from clawri to dark,seven days a week After dark hours of operation may be cx3ns kkrcd and approved by the County and the School Eward in the future. (b) The park w dl be closed and will not#x�available for use at any time other than during the hours of opamflon. (c) It is ant' ted that the o ulside basketW1 courts will be ht for use after dark during"ftrst phase of development of the park facilitiC& After dark-hours of use of and o pera.t io n of the out odde baskctbal l courts will be de t ennined b the y County and the Schwl Board. 3. USE OF FACILITIES: (a) The Efland-Chess School sWl have exclusive use during who*[hours of all areas in "Lot 3" as designated on Exhibit A. M The general public may use the otlux areas of the park ate twmation facilities dunning school hours aW theb park and rwmation facilities in Lot 3 durin g non- school hours. 4. SIGN,';: (a) Signs shall be imitailed and maintained informing the public- tmt the p ark aW Mcmation facilities are open to the Se ner11 public when not reserved far 2 5 exclusive school use and indicatvig the tirnes when the. facilities afe reserved cxclusively 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 he ties passing and su b jm--t to prosecution for trespassing. 5. LIGM ING OF FACILITIES: (a) Security lighting will be i Wled and located strategically.ne 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 ft first phase of development. Should lighting be considcred desirable at sonic point in the ruture,the County and the Selm of Board will negotiate an a=ptahle playing fold lighting.schedule with members of the community. 6. y The County shall pay the costs of utilities for the park w d recreation facilities: watert sewer and ekadeity for lighting. 7. SCHEDULE FOR JOINT USE OF SCH[ UPARK FAC WTIES: (a) Scheduling of the use of the park and recreation far:i#ides shall be done by the Principal of Et d-Cheeks Elementary School or her/his des ig nate. (b)School planned aaivides shall havefim priority;County Rec cation Dep ailment planned activities shall have ceo nd priority,all other activities shall have third priority. S. MAINTENANCE: (a) Grounds.The facilitks shall be maintainer so as to be and remain attralive and inviting to the public. (i) The County shad provide, at its expense, groujv&raintenance in areas �t 3s``Lot 1,"s`L�t T"and"Lot 4"'on Exhibit A. The Seta l Board shall pmvide all grounds maintenance for "Lot Y on Exhibit A_ (u) Any School Board special event requ iii n g out of sequence or otherwise higher or different maintenance than that regularly scheduled by the County shall be perfo rrned by the School Board at its exile nw. 3 S ORANGE COUNTY BOARD OF EDUC AT10N By. Delores Simpson,Chair Orange County Board of Education ATI'E.ST: 1 OFFICIAL SEAL] Secretary NORTH CAR OLI N A ORANGECOUNTY a Notary Public for said County and State, certify that Beverly A.Blythe personalty came before me this day and w:knowledged that she is Clerk to the Board cif Commission of Orange County, and that by auflvrity duly given and as the act of ?range County,the foregoing irL�t ru me n t was signed in its rkl= by Margstet W. Brown.fir,seaW with its official seal, and attested by hem!f as its cle Witness nay Mend atsd official seal, thLi the day of , 19980 Notary Public: My commission expin= NORTH CARCAINA ORANGE COUNTY L ,a Notary Puhlicr for said County and Staw, certify that Aso nalty ca me beAfo re me this clay and acknowledged that he or she is secretary of the Orange County Board of EducatiNDn, and that by authority duly given and as the act of the grange County Board of EducaWm Ov foregoing instrunmit was signed in its name by its Chair,seabed with its offcW seal wd anted by him or her ors its Se�:r�ary. Wimm my hand and not .%eal,this the.�day of Notary Public My cone isslon expires: mydoo=enWo1nw=gmm=tdoc 6 9 Exhibit A � 1 E Sig oil , I Ar lip Op `` Cap Ub Oolel OF jo AV 01 ~►——... �- r r f ff f f f 1' f r ■ l 'Op JOIE 7,p ad do, Ap 14 de wft f 1 F ^ ■ e of 00 L 'r S f vpor • � .�.w it � � ✓ 1 �' • ' --Pp 1 „�,� 1 '. 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