HomeMy WebLinkAboutAgenda - 11-28-1977 RESOLUTION IJF APPRECIATION FOR
THE SERVICE OF ERVIN G. DOBSON
WHEREAS, On March 17, 1975, Ervin G. Dobson became director of the Orange
County Planning Department, and
WHEREAS, Since March 1975, Ervin G. Dobson has worked patiently and tire-
lessly for the installation.of a comprehensive planning program and there-
by helped promote progressive changes in the planning process in Orange
County, and
WHEREAS, His personable and patient approach has helped Orange County
citizens become aware of and involved in the management of Orange County
resources, and
WHEREAS, Through his efforts Ervin G. Dobson has earned the respect and
esteem,of the government officials and citizens of Orange County, and
WHEREAS, The Board of County Commissioners, Planning Board, Planning Depart-
ment, and citizens of Orange County are indebted to Ervin G. Dobson for his
dedicated service, and
WHEREAS, Ervin G. Dobson has determined that it is now time for him to channel
his efforts toward a new career;
NOW, THEREFORE, BE IT RESOLVED, That the Orange County Board of Commissioners
takes action through its members on behalf of the citizens of Orange County
to express to Ervin G. Dobson its sincere appreciation and graditude for his
Years of service and his contributions to Orange County and the field of
planning, and further wish to him success in his future endeavors.
Let a copy of this resolution be presented to Ervin G. Dobson and a copy of
this resolution be included in the minutes of this meeting, this the 28th day
of November. 1977.
CHAPEL HILL-CARR1w ORO CITY SCHOOLS
CHAPEL HILL. N. C. 27514
ROBERT C.MANES. SUMWNTC aeNr
CHARLES H. RIVERS. ASST. $ PrWNTL"N0XNr
JUANITA FLOYD.L11N. or PKAC NN♦ff.
aESSfE S. GAUGER. DIR.ELE11 ECUCArran LINCOLN CENTS
MERRITT MILL, RI
KARL MARICUSON. dill. eui$#4466 Sc1IVlcre TELEP►fONC D73••-967.8 t
November 22, 1977
!4#r. Richard Whi ted, Chairman
Orange C'.rxuaty CxMissioners
Orange County C3urthouse
Hi.11sborcmh, N=th Carolina 27278
Hear Mr. Whitt el:
At the Board of Education meeting on November 7, 1977, attended by manbers
of the county oxmission, the Board of Education passed a motion which
expressed the school board's desire for the county commissioners and the
Ca:rrboro Board of Aldermen to have an opportunity to coameat upon the 'own
of Chapel Hill's proposal before the school board took final action on the
proposal..
The Board of ratio has scheddled a meeting for 'Tuesday evening, November 29,
1977 at S p.m. t Lincoln Center to acct on the formal proposal from the Town
of Chapel Hill.
The Chapel Hill Board of A1dermn acted on Monday evening to approve their
final proposal which is enclosed with this letter.
If the cra<1nd.ssi ers wish to comment on the proposal, this reaction would be
needed by next esday evening. It Could be either in writing or relayed
verbally to Dr. Weatherly or me.
If I may be of y fisher assistance, please call me.
eerely,
6it4C Hanes
Superintendent
RCH:la
cc: tir. Don Wil hoit
Mr. Jars Penny
Mr. Norman GustavI
Mar. Norman Walker
11r. Sam Ga tis
Mr. Neal E\uns
Enclosure
Page 4
STATE OF N RTH C.�ROLINA
COUNTY OF QRANGE
a Nocary Public in and for
said Count and State, do hereby certify that .__ �...
Chairman of TILE CHAPEL HILL--CARRBORO CITY
BOARD OF 4UCATION, and , Secretax
of THE C EL HILL--CARPBORO CITY BOARD OF EDUCA.T70N, personally
came hef�or� me this day and being by me duly sworn says each for
himself thl t he knows the corporate seal of THE CHAPEL HILL-
CAIZORO C�T BOARD OF EDUCATION, and that the seal affixed to the
foregoing instrument is the corporate seal of THE CHAPEL HILL-
CARRBORO C TY BOARD OF EDUCATION; that
Chairman o said Board, and
Secretary of said Board subscribed their names thereto; that the
corporate eat. of the said Board was affixed thereto, and that sal
instrument is the act and deed of THE CHAPEL HILL-CARRBORO CITY
BOARD OF EDUCATION.
IN l;3ITNESS IMREOF, I have hereunto set my Rand and Notarial Seal;
this the day of - _ , 1977.
Notary_Tub1i,c
My commission expires :
STATE OF N RTH CAROLINA
CO OF ORANGE
I, J'2 , a notary Public in and for
said Count! n State, do he ,by certify that JAZJES C. WALLACE,
Mayor oft e t OF CHAPEL HILL, and DAVID B. ROBERTS, Town Clerl
for the TMI OF CHAPEL HILL, personally came before me this day ai
being by m duly sworn says each for himself that he knows the
corporate �eal of said Town of Chapel Hill, and that the seal af-
fixed to tie foregoing instrument is the corporate seal of the Toi
of Chapel i.11; that JAMES C. WALLACE, Mayor said Tovm and DAVID
ROBERTS, T wn Clerk, subscribed their names thereto ; that the
corporate eal of the Town of Chapel Hill was affixed thereto, an.+
said instruneat is the act and, deed of the Town of Chapel Hill,
IN WITNESS WHEREOF. I haviNhereunto set my Hand and Notarial Seal
ATTACHMENT A
COST ESTIMATES OF PARTICIPATION BY TOWN
in
T ,WN/BOARD OF EDUCATION JOINT USE PROJECTS
I. Culbret Junior High School Baseball Field
Baseball Field Construction $ 27 ,888
A. Lig ting $14,000
B. Bac stop 3,000
C. Bas s & pitcher ' s mound 75
D. Out ield Fence & poles 1, 650
E. Bleachers (80 seats) 1, 250
F. Dug Outs (Fencing only) , 150 21, 125
Total. Town Cost _�_ 49 , 01.
11. Phillip Junior High School. Baseball,
Football, Track Fields
Town Co tribution to cost 57 , 112
Total Town Cost $ 57 ,11r4
III Ephesus-Road
A. Pav d access road with curb & guttering,
gra el parking for 18 spaces & a
ped strian--way 29,000
B. Txa fie' control bollards & chain
con rol 1,100
C. Saf ty Fencing 600
Total Town Cwt 30, 700
ICS". Design and Contingency $ 1.3, 17-5
Total Town Costs for Joint Use Projects $ 150 ,000. 0
In addition to the above the Town proposes on Town owned propert
for ,point use with the Ephesus School the following:
A. Sew. r $17,.200
B. Wat r 9,500
C. Gra ing 4,300
D. Cle ring & Grubbing 2,500
E. 6 T nis courts 48,000
F. See ang 500
G. : Picnic. Tables 11000
H. Water Fountain 400
I. Concession/Toilets 10,000
J. Sign - 1,000
K. Site Accessories 11000 95,000
ATTACHMENT B
INITIAL USE SCHEDULE BY THE DEPARTMENT OF PARKS AND
RIrCRI�ATION, TOWN OF CHAPEL HILL
]..
Phillips Foo ball/occer Field
A) Beginning of School, to December 31
1. During school. hours : none
2. Afte school hours : 2 days other than Junior High School
game days beginning at 5:30 p.m.
3. Week nds : total t�se
4. Hol.i ays: total use
B) January to End of School Year
No organized football or soccer events shall be scheduled to
allow foi turf maintenance
C) Sucmmtr: total. use
2. Phillips Baseball Field
A) Beginning of School to March 15
No organized baseball or softball event shall, be scheduled on
the field to allow for turf maintenance
B) March :16 to End of School Year
I. During school hours : none
2. After school. hours : 2 days other than Junior High School
game days beginning at 5:30
3. Weekends : total. use
4. Holid ys : total use
C) Stammer: total. use
3. Phillips Trac , Culbreth Track
A) During Sc ool Year
1. Durin school hours : limited hours per week for adult:
xecre tion classes when not in conflict with schools
2. After school hours : one or two days per week beginning at
6:00 le.m. other than Junior High School, tract event days
B) Weekends, Holidays: ; total. use
C) S ' er: total use
4. - Culbreth Football Field
A) Beginning of School. to December 31
I. Durinj school hours : none
2: After school. hours : 3 days other than Junior High School
game days beginning at 5 :30
3, Weeke ds : total. use
4. Holidays : total use
Page 2
5 . Culbreth Baseball Field
A) Beginn"ng of School. to March 15
No organized baseball or softball. activities' shall be schedule
to all w for turf maintenance
B) March .6 to End of School. Year
1. During school hours : none
2. After school hours : 6 :15 daily except for home game days
3 . Weekends : total use
4. Holidays : total. use
C) Summer total use
6. Ephesus Ba eball Field
A) Beginning' of School to March 15
No organized baseball„ or softball event shall be scheduled to
allow for turf maintenance except for elementary school use
B) March 16 to End of School" Year
1. Dining school hours : none
2. After school hours : daily beginning at 4: 00 p.m.
I. We kends: total use
4. Ho idays : total use
C) Summer total use
GROUNDS MAINTENANCE FOR ATHLETIC FACILITIES
(In Man Hours Required Per Facility)
! MAINTENANCE DESCRIPTION FOOTBALL/SOCCER PRACTICE FIELDS
FIELDS
SPRING PREPARATION (verticuting,
aerating, plariting, etc .) 80 80
-MOWING (every 10 days on the
average during the growing season) 60 40
TRACK & FIELD PREPARATION 10 --
VIATERING (40 tames during the
growing season) 80 55
FERTILIZING (six times per year) 20 20
LIFE MARKING & FIELD DRAGGING
(dragging on baseball field only) 90 20-30 �
WEEDING (Liquid application by
tractor twice yearly) 10 10
. TRIrDIING (six times per year) 150 30
TRAVEL TIME, DOWN TIME, & OTHER
MISC. TIME 100 80
EQUIPMENT MAINTENANCE 30 25
TOTALS 6,30,
370
NOTE: A two man crew is required for some operations and a three man crew is preferred for lining an
Lining fields requires an estimated $400 per year
Field lighting requires an estimated $100-$200 per year for lamp replacement
Plant materials and fertilizer costs would vary between fields and grosses used. Estimate und,
Hours required depends on degree and time of use.
- - o
��f A
+ fr
1
•,,9y
� II•r ti «-i4 f � S[r
T y IF .
�•4jp
NL '`
1 ♦ �
''.craw• 4 "'� •—
72'a lT TOUT ,5� •,�
l,2ii 4
y
14 Kt sa0 .
Cr.14'
uep
flu,-0.x 2;'•p'
7.
11' ?t1� IBS.i 8
� H
n a
SHOP DUILDING
IDso
p
f
' 4
WIPIO A Cf T `
� rb
r * SQ P
3 10.74 ACRES ,r't
as (1950)
X�
t '
{
i
MSXAMY MILL RasD
COMMENTS_ A[_OT ALAN_ NAM of AdrtW txv[ Namc Qf 5[now CIIITR" N
K. CNA.PEL kfLf. Str`ebt tipnb{No >.ERf{tTt
g�FrEL Ht
I� �A4 c>sTY SCHOOLS OOLO Mao Aow'bsA CrfAPEL
STATE OF NORTH CAROLINA..
MUTUAL COOPERATION AGREEMENT
COUNTY OF ORANGE
THIS AGREEMENT, made and entered into this the day of
1977, by and between THE CHAPEL HILL-CARRBORO
CITY BOARD OF EDUCATION, a school administrative unit under the
laws of 'the State of North Carolina, Party of the .First Part , here
inafter sometimes referred to as "THE BOARD OF EDUCATION" , and THE
TOWN OF C EL HILL, a municipal corporation under the laws of the
State of orth Carolina, Party of the Second Part, hereinafter
sometimes referred to as "THE TOWIV :
W I T N E S S E T H _
THAT WHEREAS , the parties to this Agreement are public
bodies, politic and corporate, under the laws- of the State of
North Carc ling, and
WHEREAS, the parties are vested with the power and authority
to own and improve real, estate for recreational and other public
purposes , and
WHERE S , each of the parties hereto owns real estate developed
for or proposed to be developed for recreational and related
purposes, and
WHERMS, the laws of the State of North Carolina provide
that the parties hereto may contract and agree, each with the other
for the jo'nt development and use or lease of facilities for the
stated pub is purposes, and
WHEREAS, The Town has agreed to expend funds to assist in
the develo ment of certain facilities on property of The Board of
Education, and The Board of Education has agreed to share the use
of carf°a n of 1 t-fi rl a.wt; :x, r.r-;+,u Trtu -. m.--—
Page 2
WREREAS, in furtherance of the aforesaid, the parties
hereto do propose to contract and agree for a period of thirty
(34) years , upon the terms of a lease of certain properties fro
the Board of Education to the Town, and upon the terms of an
agreement for the joint development, maintenance, and use of
certain other facilities owned by The Board of Education, or
The Town, and
}}WHEREAS, the implementation of these agreements would ful,f
substantial school and town needs, and be of significant mutual
benefi to the parties hereto, and to the public generally.
N THEREFORE, in consideration of the aforesaid, and the
mutual covenants and agreements hereinafter setforth, The Board
of Edu ation and The Town do hereby mutually contract and agree
as follows:
1. - Declaration of Purpose- The parties hereto do mutually
declar that it is their intent to provide recreational facili.ti
and pr grams for the community in the most efficient manner
feasible, through the use of jointly funded, improved, and main-
tained facilities for this purpose, it being the specific inter
of this provision to avoid, where possible, unnecessary duplica-
tion of recreational facilities suitable for public use, and
funded by public monies within the community.
2. i tal Participation anon b y Town.. The Board of Education and Th
Town he eby declare and agree that they will enter into a joint
liiprdve ent� use, and maintenance agreeement with respect to certa
athletic fields and facilities belonging to the Board of Educati
which said agreement shall provide for a capital, participation b
The Town toward the improvement of certain of said facilities in
�'�q �7'/\/1Y aY�� ��+ fIATL+ lTT j'fi,7T1T77'.YA 'S'.T T1mtiY` ..+r.•a—r... n........ «» «. .. ,
Page 3
3. E cess Facilities. The Board of Education hereby declares
that i has determined that upon completion of the storage
facili y now under construction at the Lincoln site, that the
Lincoln gymnasium and shop building will no longer be necessary
for school purposes , The Board of Education having further de-
termin d that the disposal of said properties in fee simple is
not in the long range interest of The Board of Education, but
that a lease of said facilities for a minimum period of thirty
(30) y ars is in the interest of The Board of Education. The
Board of Education and The Town do hereby mutually agree that ti
will e ter into a lease agreement for the Lincoln gymnasi.uin and
shop blLilding for use for recreational and related purposes.
4. Joint Use and Maintenance Agreement. The parties agree tha
the jo nt use and maintenance agreement referred to Paragraph 2.
is attached hereto as Exhibit A, and incorporated- herein by
reference to the same extent as if fully set forth herein, and
that t e same shall be executed by the parties hereto.
5. Lease Agreement. The Parties hereto agree that the lease
agreem nt referred to in Paragraph 3. is attached hereto as
Exhibit B, and incorporated herein by reference to the same exte
as if fully set forth herein, and that the same shall be execute
by the parties hereto.
IN TESTIMONY WHEREOF, the Parties have hereunto caused this
instrum nt to be executed in their respective corporate names , t
officiaL seals attached, all by authority duly given, the day an
year fi st above written.
THE CHAPEL HILL-CARRBORO BOARD OF
EDUCATION
Page 4
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
it , a Notary Public in and foi
said County and State, do hereby certify that
Chairman of THE CHAPEL HILL-CARRBORO CII
BOARD OF EDUCATION, and Secre
of THF CHAPEL HILL--CARRBORO.. CITY BOARD OF EDUCATION, persona'll)
came before me this day and being by me duly sworn says each fc
hi.tmse f that he knows the corporate seal of THE CHAPEL HILL-
CARRB RO CITY BOARD OF EDUCATION, and that the seal affixed to
foreg ing instrument is the corporate seal of THE CHAPEL HILL-
CARRB R0 CITY BOARD OF EDUCATION; that
Chairman of said Board, and
Secretary of said Board subscribed their names thereto; that tt;
corporate seal. of the said Board was affixed thereto, and that
instrument is the act and deed of THE CHAPEL HILL-CARRBORO CITY
BOARD F EDUCATION.
IN WIT SS WHEREOF, I have hereunto set my Hand and Notarial Se
this tie day of _._.- ._..� 1977 .
Notary Public
My commission expires ;
STATE OF NORTH CAROLINA
COUP Y OF ORANGE
a Notary Public in and f�
said C unt �a d State, do he �eby certify that JAMES C. WALLACE,
Mayor f the OWN OF CHAPEL HILL, and DAVID B. ROBERTS , Town Cli
for the TOWN OF CHAPEL HILL, personally came before me this day
r
being toy me duly sworn says each for himself that he knows the
corporate seal of said Town of Chapel. Hill, and that the seal a
fixed �o the foregoing instrument is the corporate seal of the '
of Cha el Hill; that JAMES C. WALLACE, Mayor said Town and DAVII
ROBERT , Town Clerk, subscribed their names thereto; that the
COrpor to seal of the Town of Chapel Hill was affixed thereto,
said i- strument is the act and deed of the Town of Chapel. Hill.
IN W17ESS WHEREOF, I have s reunto set my Hand and Notarial Se,-
EXHIBIT A
STATE OF NORTH CAROLINA A JOINT IMPROVEMENT, MAINTENANCE,
AND
COUNTY OF ORANGE USE AGREEMENT
THIS AGREEMENT; made and entered into by and between THE CHAPF
HILL--CARR ORO CITY BOARD OF EDUCATION, a school administrative unit
under the laws of the State of North Carolina, Party of the First
Part, her i.nafter sometim' es referred to as "THE BOARD OF EDUCATION'
and THE T WN OF CHAPEL HILL, a municipal corporation under the lawE
the State of North Carolina, Party of the Second Part , hereinafter
sometimes referred to as "THE TOWN":
W I T N E S S E T H :
THAT REAS, the parties hereto have entered into an agreemen
with respe t to mutual, cooperation in the provision for recreationa
facilities within the community, and
WHEREAS, as part of said agreement the Town has agreed to fund
with bond proceeds ONE HUNDRED FIFTY THOUSAND DOLLARS ($150, 000. 00)
the costs f the improvements to certain facilities situated on pro
.perty owned by the Board of Education, and
[ HER S; as a part of the consideration for such expenditure,
the partie hereto have contracted and agreed with respect to the
joint use and maintenance of said facilities for a period of not le;
than thirty (30) years, and
WHEREdS , the parties by law are authorized and empowered to en
into such qgreemtnt.
NOW, REFORE, in consideration of the aforesaid, the Board of
Education 7nd the Town do hereby contract and agree as follows:
M
Page 2
1. Capital Participation. The Town will provide a total of
ONE HUNDRED FIFTY THOUSAND DOLLARS ($1.50,000:00) from the proceeds
of the recreation bond issue towards development of recreational
fields and facilities on property owned by the Board of Education.
The allocation and use of said proceeds by site location are set
forth in Attachment A to this agreement, which is incorporated
herein by eference to the same extent as if fully set ,forth herei
it being understood and agreed that said breakdown reflects the
present anticipated costs for completion of each of said projects a
set forth therein. It is understood and agreed, however, that min
modifications in the allocation of said costs may be made without
further formal approval of the parties hereto by their duly authori
representatives , provided however, that the maximum amount of said
participat on shall not be increased without a modification of this
agreement.
2. Joint Use. The Board of Education agrees that the Town shall
have the use of certain playing fields when said fields are not
needed for school purposes . It is specifically understood and
agreed that the program of the Beard of Education shall have pre-
ference ov r the use of said facilities for Town purposes. It is
further understood and agreed that this agreement shall, be supple-
mental, to the agreement dated February 28, 1974 for the development
and use of playing fields 'at the Ephesus Road Elementary School site
and to the extent that provisions of this agreement are at variance
with the terms contained in said agreement, the provisions containe
herein shalL control. The initial approved schedule for use of said
facilities is attached hereto as Attachment B, it being understood
and agreed that minor modifications may be made to said schedule
Page 3
3. Excha e of Use. It is the intent of the parties hereto
that recreational, fields shall be rested to such an extent as is
practical consistent with the joint use by the program of the Town,
and that o the Board of Education. Exchange of field -times may b
made by annual separate agreements by and between the Superintenden
of Schools in behalf of the Board of Education, and the Town Manage
in behalf of the Town to facilitate such resting. Such exchange of
time shall not be considered to violate the spirit of this agreemen
4. Premises to which Amicable. Insofar as practical., it is the
intent of the, parties hereto that this agreement shall apply to the
athletic fields existing and proposed at the following locations :
a, Cedar Falls Park;
b. H rgraves Recreation Center;
c. E hesus Park;
d. C lbreth Junior High School;
e. P fillips Junior High School;
and may be modified to include other facilities owned by either
party here o.
5. 11keep and Maintenance. It is further understood and agreed
that upkeep and maintenance of said facility shall be the joint rest
sibi.lity of the parties hereto, and the optimum degree of maintenan
to which t t e parties subscribe for the various types of fields is a
set forth in Attachment C attached hereto and made apart hereof as
if fully sat forth herein. In order to eliminate possible confusio
and respon i.bil.ity for various steps in the maintenance schedule, i
is underst od and agreed by and between the parties hereto that the
Town of Ch Zseball ea. Hill, at its own costs and expense, shall fully main
tain the fields at Ephesus and Cul.breth Junior High, and
all fields owned by the Town, and the Board of Education willprovic
total main enance, at its own costs and expense, on all other field
Page 4
6. Utilities . It is understood and agreed by and between the
parties h reto that each party hereto shall .be responsible for the
costs of III utilities incident to its use or responsibility for
maintenance, and where practical separate accounts shall be main-
tained.
7. Park n . It is understood and agreed that the Board of
Education through its duly authorized representatives shall have
the right to regulate and control parking to assure that the use of
said facilities by the Town shall not conflict with a use by the
Board of Education.
S. Casuilty and Liability Insurance. It is understood and agrees
by and between the parties hereto that each party shall, carry such
casualty and liability insurance as will protect its interest in
said facilities, and protect .itself in the event of injury to persc
or property involved in the use of said premises by said party.
9. Inde IIjL . It is understood and agreed that each party hereto
shall. inde�nify and hold harmless the other party from all clam s
demands, a tions , and causes of action, which may arise by use of
the premises , the subject of this agreement which shall be owned by
the other arty, and shall furnish to said other party upon demand
satis.factocy Evidence of insurance or other satisfactory indemnity
to fully c mply with the provisions of this paragraph.
10. Use bi Other Parties. It is understood and agreed that the
parties he�eto shall endeavor to make said fields available to othe
interested parties and public bodies when not in conflict with the
program of either party hereto. Any such use shall be subject to
mutual agr ement of the representatives of the parties hereto, and
shall be f rther subject to the payment of such fees as may be
Page
appropri,a a to assist in defraying the costs., of such use.
11. Term and Amendment, This Agreement shall exist and
continue jor a period of thirty (30) years from and after the
lst day o January, 1978, and may be amended only by mutual
consent o the parties hereto.
IN ESTIMOIT'Y WHEREOF, the Parties have hereunto caused this
instrument to be executed in their respective corporate names,
their official seals attached, this the day of
1977.
THE CHAPEL HILL-CAR.RBORO BOARD OF
EDUCATION
By
C airman
ATTEST:
ecretary
THE TOWN OF CHAPEL HILL
�;
ATTEST: V -
IV V 0?-a-Z9
Town Clerk
EXHIBIT B
STATE OF N RTH CAROLINA
LEASE _AGREEMENT
COUNTY OF ORANGE
THIS GREEMENT, made and entered into by and between. THE
CHAPEL HId-CARRBORO CITY BOARD OF EDUCATION, a school administra-
tive unit pnder the laws of the State of North Carolina, Party of
the First (Part, hereinafter sometimes referred to as "The Board of
Education" and THE TOWN OF CHAPEL HILL, a municipal corporation
under the laws of the State of North Carolina, Party of the Second
Part, hereinafter sometimes referred to as " The Town" ;
W I T N E S S E T H
THAT I EREAS , the Board of Education is the owner of certain
real properties together with the improvements thereon situated on
the west side of South Merritt Mill. Road in the Town of Chapel Hill
and
WHERE S; a portion of said premises consists of a gymnasium
and bath f cilities and a shop building, and
WHE S, it has been determined by the Board of Education that
it is not in the interest of the Board of education that said premi;
or any portion thereof be disposed of in fee simple at this time, ai
WHE S, it has been further determined by said Board of Educa;
that upon ompletion of the storage facilities at the Lincoln Cente:
that the gimnasium and shop building will no longer be needed for
school pur oses for at least a period of thirty (30) years, and
WHE S, the Board of Education is authorized by law to contra,
and agree � ith the Town for the Lease of said premises under these
circumstan es.
Page 2
NOW, THEREFORE, in consideration of the aforesaid, the
mutual co enants and conditions hereinafter set forth, and the
capital participation by the Town in the development of the
recreational fields owned by the Board of Education, the Board
of Education does hereby :Let and lease unto the Town and the Town
does here y accept as Lessee of the Board of Education those
certain p emises consisting of the Lincoln gymnasium and shop
building ituated on the west side of Merritt Mill Road in the
Town of C apel Hill, and more particularly described as follows :
The gymnasium facility as shown on the Attachment A to this
Lease Agreement consisting of a 60 X 90 foot gymnasium and related
facilities , and being a portion of Wing C as designated thereon
together ith the shop building consi_stizig of ____ square feet.
TO HAVE AND TO HOLD said premises unto the Town upon the
terms and the conditions hereinafter set forth:
l.. Term. This Lease Agreement shall begin as of the lst day of
January, 1978, and unless sooner terminated as provided herein shat
exist and continue for a period of thirty (30) years thereafter
until the 31st day of December, 2007,
2. Rents . As rental, for said premises , Town agrees to pay to
the Board of Education without demand the sum. of ONE DOLLAR ($1. 00)
per year, in advance, during the term of this Lease.
3. lm ro ements . As a part of the consideration for this Lease
Agreement, Town agrees at its own costs and expense, to close the
connecting entrance ways between the gymnasium facility and the
remainder of the Lincoln Center structure. as shown on Attachment A
in such manner as shall be satisfactory to the Board of Education.,
and insofar as possible to divide the utilities serving said premiss
it being Understood and agreed that these improvements are
mandatory prior to the use of the premises under this LAPAP All
Page 3
4. Use of pKemises . It is understood and agreed by and between
the part 'es hereto that the premises are leased for the purpose
of using the same for recreational and related purposes by the To
and the own covenants and agrees that it will make use of said
premises for no purpose inconsistent with this use .
5. �t�rs and Maintenance:. During the existence of this Lease
Town sha l have the full responsibility at its own costs and ex-
pense fo making all repairs and improvements to the leased pxemi
includintr glass, exterior walls , and roof, it being expressly and
stood th t Town will maintain said premises in as good a conditio
as exist at the commencement of this Lease, /ordinary wear and tea
excepted and will specifically maintain they division between the
leased premises and other structures belonging to the Board of
Education so as to prevent injury or damage to said adjoining pro
perties.
6. A.cce s. It is understood and agreed by and between the parti
hereto that Town shall have free access to said premises from.
South Merritt Pill Road, and shall have the right to use the union
proved areas between the leased structures, provided however, tha
access to the leased premises shall be solely from the exterior o.
said pre ise and no access thereto shall be permitted from other
structur s or portions thereof reserved to the Board of Education
7. Park'n . It is understood and agreed by and between the part:
hereto t at the Town and its agents, employees, and invitees , may
make use of the existing parking area between the leased premises
and Merritt Mi.l.l. Road. It is understood and agreed, however, tl
the Boar of Education reserves the right to regulate and restrict
parking onsi,stent with its operations, and needs of the Board of
Page 4
cost and xpense improve the cleared areas between the existing
improved parking. areas and Merritt Mall Road, and unimproved areas
to the north thereof on the property owned by the Board of Educati.c
for addi t f onal parking.
8. Insurance. It is understood and agreed that each party hereto
shall car y such insurance as it deems appropriate to protect its
own interi.st in the premises.
9. Indeumity. It is understood and agreed by and between the
Parties h reto that the Town shall indemnify and hold harmless the
Board of Education from-a11 claims , demands, actions or causes of
action, w ich may arise by reason of the use qty-the;:Town ..of Chapel
Hill of t e leased premises or any portion thereof .
10. Use by Others. It is understood and agreed by and between t
parties h reto that the Town of Chapel. Hill shall to the extent
practical permit use of the premises by other public bodies when n
in confl.i t with the program of the Town. of Chapel. Hill. Any sue
use, however, shall be subject to the payment of such fees as may
be appropriate for defraying the costs of such use.
11. DamaS2 or Destruction. In the event the leased premises or
any portion thereof shall be damaged by fire or other casualties s
as to ren er the same totally unusable, and the Board of E =-&ion elects n+
to rebuill said premises, then and in that event this Lease shall
terminate and Town shall have no further right under this agreemen
12. Default.. In the ev mt the Town shall default in the payment
of rental as herein specified or in the performance of any other
covenant rovided for herein, and fails to remedy said default wit
a reasona le time after notice thereof by the Board of Education,
Page 5
13. Am ndments . This Lease Agreement and the Cooperation
Agreement of which is part may be modified or amended only by
mutual consent of the parties hereto, and reduced to writing
with the same formalities as the original Lease.
14. Early Possession. Notwithstanding any of the above, the
Town may receive early possession of the gym facility upon a
satisfact ry arrangement for the storage of the supplies belonging
to the Bo rd of Education, and the failure of the Board of Educati
to deli.ve possession of the premises or any portion thereof on
January 1, 197$ shall not be a default of this Lease Agreement,
provided iowever, that the Board of Education shall have made
reasonabla progress toward the completion of its storage facility
and the r moval of all warehousing and related operations thereto.
IN TESTIMONY IMEREOF, the prties have hereunto caused this
instrument- to be executed in their respective corporate names ,
their off cial seals attached, this the day of
1977.
THE CHAPEL HILL-CARRBORO BOARD OF
EDUCATION
By
Chairman
ATTEST:
Secretary-- �.—_
THE TOWN OF CHAPEL HILL
By 4- , .
Mayor
ATTEST-
02.
Page, 4
STATE O NORTH CAROLINA
COUNTY F ORANGE
a Uotary Public in and fox
said Co cty and State, do hereby certify that
Chairman of TILE CHAPEL HILL--CARnBORO CIT
BOARD OF EDUCATION, and Secre
of THE C MEL HILL-CAMORO CITY BOARD OF EDUCATION, personally
came hef re me this day and being by me duly sworn says each fo
himself that he knows the corporate seal, Of THE CHAPEL HILL--
CkUWORO CITY BOARD OF EDUCATION, and that the seal affixed to
foreC3 instrt=tnt is the corporate seal of THE CHAPEL HILL•-
CARRBORO CITY BOARD OF EDUCATION; that
'Chairman of said Board, and �.
Secreta of said Board subscribed their names thereto; that tht
corporate seal, of the said Board, was affixed thereto, and that
instrume t is th.e act and deed of T;IE MWEL HILL-CO250RO CITY
BOARD OF EDUCATION,
IN IJITNE S WHEREOF, I have hereunto set my Hand and Notarial Sep
this the day of 1977.
Notary Public
My commission expires:
STATE OF ORTH CAROLINA
COqR1zk OF ORANGE
I• ZJQ JL a Notary Public in and fo
said County State, do hereby certify that FAMES C. WALLACE,
Mayor of the TOWN OF CHAPEL HILL, and DAVID B. ROBERTS, Town: CIe
for the T WiV OF CHAPEL HILL, personally came before me this day
being
by me dilly sworn says each for himself that he knows the
corporate seal of said Tocan of Chapel, Hill., and that the seal af-
fixed to ' e foregoing instrument is the corporate seal of the Tc
of Chapel Hill; that JMAES C. WALLACE, Mayor said To�m and DAVID
ROBERTS, o=,m Clerk, subscribed their names thereto; that the
corporate seal of the Town of Chapel Hill was affixed thereto, at
sAi.d inst anent is the act arid, deed of the Town of Chapel. Hi11.
IN WITS WHEREOF, I hav )ereunto set ray Rand and notarial Seal
this the day of 1s1