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HomeMy WebLinkAboutAgenda - 03-27-2007-5kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 27, 2007 Action Agenda Item No. ~ - K SUBJECT: First Baptist Church Parking Lot License DEPARTMENT: Purchasing PUBLIC HEARING: (Y/N) No ATTACHMENT(S): License INFORMATION CONTACT: Pam Jones (919) 245-2652 PURPOSE: To consider approving a license with First Baptist Church for use of the lower parking church parking lot off of West King Street, Hillsborough.. BACKGROUND: In recognition of the impact on parking facilities that will occur during construction of the Justice Facilities Expansion project, several months ago the County began seeking additional parking areas that were within walking distance of the courthouse. One of the options identified was a parking area at First Baptist Church, located approximately two blocks west of the courthouse on West King Street. Through conversation with the Church, the County has been able to obtain approximately 30 parking spaces on the lot for the duration of the courthouse construction. Terms of use detailed on the attached License Agreement are summarized below: • Term of use for a period of two years, beginning April 1, 2007; • Parking spaces will be designated for court staff and jurors; • The County will provide appropriate signage to delineate the area and provide parking instructions for jurors and court staff; • The County will include the lot under appropriate insurances held by the County to adequate cover exposures created as a result of the use; and will provide proof of insurance to the Church; • The County Public Works staff will monitor the area for debris and ensure the lot is cleaned weekly in preparation for Sunday services; • The County will repair any extraordinary damage to the lot that may be a result of the County's use. • The Church has offered the parking facility at no cost to the County. FINANCIAL IMPACT: There are no financial implications to this action. RECOMMENDATION(S): agreement; and authorize The Manager recommends that the Board approve the license the Chair to sign on behalf of the Board. 3 North Carolina Orange County LICENSE AGREEMENT This License Agreement is made effective as of this the day of 2007, by and between the FIRST BAPTIST CHURCH OF HILLSBOROUGH, INC., having an address of 201 W. King Street, Hillsborough, North Carolina 27278, ("Licensor") and the COUNTY OF ORANGE, NORTH CAROLINA, a body politic and corporate, a political subdivision of the State of North Carolina, having an address of P.O. Box 8181, Hillsborough, North Carolina 27278 ("Licensee"). WITNESSETH: WHEREAS, due to a diminished number of available parking spaces for employees of Licensee, Licensee desires to have the use of approximately thirty three (33) parking spaces owned by Licensor during construction of the justice facility; and WHEREAS, Licensor desires to allow Licensee the use of the parking spaces during the construction of the justice facility. NOW, THEREFORE, for good and valuable consideration, and subject to the terms and conditions hereinafter set forth, Licensor does hereby license unto Licensee and Licensee does hereby accept as Licensee of Licensor the parking spaces lying and being in Orange County, North Carolina, described more fully herein. SECTION ONE GRANT OF LICENSE: DESCRIPTION OF PREMISES Licensor hereby grants to Licensee a license to occupy and use thirty three (33) parking spaces (the "Parking Spaces" or "Parking Space.") The Parking Spaces are located behind the First Baptist Church of Hillsborough having a physical address of 201 W. King Street, Hillsborough, North Carolina 27278 (the "Property"). There are two parking lots located on the Property, an "upper lot" and a "lower lot." It is expressly understood and agreed that the Parking Spaces licensed herein are located in the lower lot. Licensee shall not occupy any parking spaces on the Property other than those spaces located in the lower lot. Licensee shall install, at its sole cost and expense, signage indicating which spaces in the lower lot are subject to this License Agreement. Licensor shall approve the size and type of sign prior to the same being installed on the Property. 4 SECTION TWO LIMITATION TO DESCRIBED PURPOSE Licensee shall only permit jurors and court employees to utilize the Parking Spaces. Licensee shall provide jurors and court employees with parking tags to hang on the rear view mirror of their vehicles to indicate that they are authorized to park in the Parking Spaces. The hang tag shall include an "issue date" so that Licensor and Licensee may track abandoned or improperly parked vehicle. Licensor may require that Licensee tow any abandoned vehicles located in the Parking Spaces at the effort and expense of Licensee. SECTION TF[REE PERIODIC PAYMENTS Licensee shall pay Licensor for this license at the rate of One Dollar ($1.00) per year payable in advance. SECTION FOUR TERM & TERI~~IINATION This License Agreement shall be valid for a period of two (2) years beginning on April 1, 2007. Licensor and Licensee agree to discuss extending this initial two year term should the justice facility not be fully constructed prior to the natural expiration of the two year period. Either party may terminate this License Agreement at any time, without regard to payment periods by giving written notice to the other specifying the date of termination. Licensor and Licensee shall use their best efforts to provide the other party a minimum of thirty (30) days prior written notice of its intent to terminate this Agreement. SECTION FIVE LICENSEE CONTACT Licensee hereby provides Licensor with the contact information of two (2) individuals that Licensor may contact during regular business hours to address any and all immediate issues that may arise in regard to this License Agreement. Name Telephone Number Email Address Name Telephone Number Email Address 4 5 SECTION SIX CONDITION OF PARKING SPACES & COMPENSATION FOR DAMAGE Licensee shall require its Public Works Department to clear the Parking Spaces of trash and debris each Friday during the term of this License Agreement. Licensee agrees that it shall make all reasonable repairs to the Parking Spaces for damages directly attributed to its use of the Parking Spaces by Licensee. SECTION SEVEN INSURANCE Licensee agrees to add the Parking Spaces to its liability insurance policy. Licensee shall receive and process any and all claims for damages made by court employees and jurors that have been permitted to use the Parking Spaces arising out of their use of the same. Licensee shall receive and process any and all claims for damages arising directly out of Licensee's use of the Parking Spaces. Licensee shall furnish Licensor with certificates of insurance evidencing the existence of insurance required by this Section Seven. SECTION EIGHT REMOVAL OF PROPERTY On revocation, surrender or other termination of the license granted by this Agreement, Licensee shall quietly and peaceably surrender the Parking Area and shall remove all signage and other fixtures placed on such property by Licensee. SECTION Tl7NE NO LANDLORD-TENANT RELATIONSHIP It is expressly agreed and understood that this License Agreement shall not operate or be construed to create the relationship of landlord and tenant between Licensor and Licensee whatsoever. SECTION TEN MISCELLANEOUS It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina. .Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 5 6 Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. By signing below, the representative of Licensor warrants that he/she is authorized to execute this Agreement on behalf of Licensor, and that he/she has obtained all authorizations, approvals; and resolutions from Licensor and/or its members that are necessary in' order to duly bind Licensor to this Agreement. In witness whereof, each party to this agreement has caused it to be executed on the date first written above. LICENSOR: FIRST BAPTIST CHURCH. OF HILLSBOROUGH, INC. By: Name: Title: LICENSEE: COUNTY OF ORANGE, NORTH CAROLINA By: Moses Carey, Chair Orange County Board of Commissioners 6