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HomeMy WebLinkAboutAgenda - 06-26-2007-4mORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 26, 2007 Action Agenda Item No. ~-' - ~ SUBJECT: Tennis Court Joint Use Agreement DEPARTMENT: Recreation and Parks PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Lori Taft, 245-2660 Proposed Joint Use Agreement 6/12/07 Memo to County Manager from Recreation & Parks Director PURPOSE: To consider a proposed Joint Use Agreement between the Orange County Board of Education and the Orange County Board of Commissioners for the use of the Tennis Courts at Orange High School. BACKGROUND: In 1984, the County, entered into a 20-year agreement for the use of the Tennis Courts. The courts have been open to the public since that time-after school hours, on weekends and during school breaks. Orange County provides access to the facility, pays for lighting, and is responsible for 50% of major renovations and repairs to the courts. Recently, tennis has increased in popularity and the Department of Recreation and Parks has provided lessons to more than 100 registrants in the past year at these courts. In addition, the community has had access to the track for walking and general exercise, although this was not addressed in the Agreement. The Agreement expired in December of 2004. The proposed renewal Agreement (attached) extends for an additional 20 years and also formalizes the use of the track for casual drop-in walkers, without obligating Orange County to additional future capital expenditures associated with the track. FINANCIAL IMPACT: The costs for Orange County associated with opening and closing the gates, utilities and incidental items are approximately $9,000 per year. Funds have been included in the Recreation and Parks operating budget to cover these expenses. Capital funds are typically budgeted as needed pursuant to the request of the School District and to match their funding for recommended capital repairs. Currently, needed court renovation estimates are approximately $300,000. In accordance with the agreement, 50% of this expense, or $150,000, would be funded directly by Orange County and is included in the CIP request for 2007-2008. RECOMMENDATION(S): The Manager recommends that the Board authorize the Chair to approve the Lease and Join Use Agreement and sign the Agreement. 2 NORTH CAROLINA ORANGE COUNTY LEASE AND JOINT USE AGREEMENT THIS LEASE AND JOINT USE AGREEMENT, made and entered into this day of 2007, by and between Orange County, a body politic and corporate of the State of North Carolina (hereinafter referred to as the "County") and the Orange County Board of Education, a body corporate of the State of North Carolina (hereinafter referred to as the "Board"): WITNESSETH: WHEREAS, the Board and the County wish to work together to develop joint school/park facilities for the recreational use of the residents of the community; and WHEREAS, the County has requested that the Board grant to the County permissive use of the tennis courts located on the Orange High School campus; and WHEREAS, the Board and the County recognize that members of the public participate in incidental use of the track located on the High School campus; and WHEREAS, the Board finds that the use of the space described hereafter is not necessary for public school purposes during certain periods of time during the term of the Agreement and the Board desires to offer the said space to the County for use by the public during those times such space is not necessary for public school purposes and that the use of said space by the County and the public is in furtherance of the principles of the Community Schools Act; and WHEREAS, the parties hereto have mutually agreed to the terms of this Agreement as hereinafter set out; NOW, THEREFORE, pursuant to N.C.G.S. ~115C, Article 13; ~5115C-518; ~115C-524 and §160A-274 and in consideration of such other mutual promises and covenants as hereinafter are contained, the Board and the County do hereby agree as follows: 1. The Board shall lease to the County the eight tennis courts and the track on the Orange High School campus. 2. The term of this Agreement shall be for a period of twenty (20) years from the date of execution of this Agreement. 3 3. Full supervision and management of the leased property shall be the responsibility of the County, and the County shall be responsible for custodial services, repairs and routine maintenance of the tennis courts, but not of the track in such manner and such condition as to be considered satisfactory by the Board, except that the Board shall be responsible for custodial services, repairs and maintenance for school-related uses. 4. The Board shall plan and coordinate with the county any major renovations of the tennis court facilities beyond routine maintenance, e.g., resurfacing, fence replacement, etc. The County and Board shall share equally the cost of any such renovations to the tennis courts, but not to the track. 5. The County shall be responsible for the operating cost, but not repair and routine maintenance cost of all utilities necessary for the use of the tennis courts. 6. The County shall maintain at all times during the term of this Agreement,' at its sole expense, liability insurance in the minimum amounts of $250,000 in the case of injury to one person, $500,000 in the case of injury to more than one person in the same occurrence, and $100,000 in the case of damage to property caused by the negligence or tort of any agent or employee of the County when acting within the scope of his authority or the course of his employment in performing the activities on or about the land or facilities encompassed within this Agreement. The County shall indemnify, protect and save harmless the Board from and against loss or damage to any equipment or improvements placed by the lessee on the property subject to this Agreement when said loss or damage does not result from the Board's maintenance or use of said property. The Board shall indemnify, protect and save harmless the County from and against loss or damage to the leased property when said loss or damage results from the Board's maintenance or use of the property. In accordance with G.S. §115C-524, the Board shall not be liable for injuries or death of any persons by reason of the County's use or maintenance of said property. 7. The County shall furnish the Board with evidence of all insurance policies required by this Agreement within 30 days of the execution of this instrument. The policies shall provide that the insurance shall not be cancelled or coverage reduced without the insurance carrier first giving 30 days' written notice to the Board. The Board shall be named as additional insured on all insurance policies required by this Agreement. 8. The County agrees to plan and coordinate with the Board the construction of any improvements or structures on the premises. The Board reserves the right to disapprove any such plans. Any such plans disapproved by the Board, shall not be implemented by the County. 9. All improvements of the property shall be the property of the Board including the light fixtures placed on the field by the County; 4 provided, however, the County shall be given the first option to purchase the light fixtures at a nominal cost prior to their removal or sale by the Board. 10. All concessions operated at the facilities developed under this Agreement, when such facilities are used for school activities, shall be operated by the Orange County Public School System and the income there from shall go to the Orange County Public School System and when operated by the County, the income there from shall go to the County. 11. The Board and the County hereby agree that during school hours and scheduled school-related activities after school hours the Superintendent of the Orange County Public School System or his designee shall have administrative control of the use of said facilities and the scheduling of events thereon and that school-related uses shall have first priority; provided, however, the Superintendent or her designee shall inform the appropriate agent of the County of scheduled school-related activities after school hours. School hours are defined as 7:00 am through 4:00 pm Monday through Friday, and until 7:00 pm during the spring and fall tennis seasons. Summer, winter or spring breaks are not considered school hours. Should the School district wish to schedule unusual activity during Recreation and Parks Department designated time, they will contact the Department's representative. 12. The Board hereby agrees that when said facilities are not being used and are not needed for school purposes, said facilities may be used for County Recreation Department sponsored non-school community activities and for informal use by the general public. Non-school community uses which are profit making, such as private, fee-based tennis lessons shall not be approved for use of the tennis courts. 13. The Board or its designated agent shall plan with the County and its designated agent(s) to ensure maximum recreational use of said facilities during those times when the facilities are not used and not needed for school purposes. 14. The County agrees to pay the Board the sum of One Dollar ($1.00) per year for the rental of said property, the first year's rent payable upon the execution of this instrument and each subsequent year's rent payable in advance on the beginning day of each subsequent year. 15. The Board reserves the right to terminate this Agreement for violation of the terms and conditions herein provided. 5 IN WITNESS WHEREOF, the Orange County Board of Education has caused this Agreement to be signed in its name by its Chair, attested to by its Secretary, and sealed with its corporate seal, and Orange County has caused this Agreement to be signed in its name by its Chair, attested by its Clerk, and sealed with its corporate seal, and all by authority duly given, the day and year first above written. ORANGE COUNTY BOARD OF EDUCATION By: Chair, Orange County Board of Education ATTEST: ORANGE COUNTY By: Chair, Board of Commissioners of Orange County ATTEST: Secretary Clerk This instrument has been pre-audited in the manner: required by the local government budget and fiscal control act. NORTH CAROLINA ORANGE COUNTY I, , a Notary Public in and for the aforesaid State and county, certify that personally appeared before me this day and acknowledged that she is Secretary/Superintendent of the Orange County Board of Education, a body corporate under the laws of the State of North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Chairman, ,sealed with its corporate seal, and attested by herself as its Secretary/Superintendent. Witness my hand and notarial seal this day of ,2007. Notary Public My commission expires: 6 NORTH CAROLINA ORANGE COUNTY This is to certify that on this day personally came before me with whom I am personally acquainted, who being by me duly sworn, says that is the Chair of the Board of Commissioners for the County of Orange and that she, ~ is the Clerk of the Board of Commissioners for the County of Orange, a body politic and corporate under the laws of the State of North Carolina; that she knows the common seal of said County of Orange; that the seal affixed to the foregoing instrument is said common seal; that the name of the County of Orange was subscribed thereto by the Chair of the Board of Commissioners for the County of Orange and she as Clerk to the Board of Commissioners for the County of Orange subscribed their names thereto and said common seal was affixed, all by order of the Board of Commissioners for the County of Orange, and that the foregoing instrument is the act and deed of the County of Orange. Witness my hand and notarial seal this day of ,2007. Notary Public My commission expires: Orange County Recreation & Parks MEMORANDUM To: Laura Blackmon, County Manager From: Lori Taft, Recreation and Parlcs Director Re: Orange County Recreation and Parks Use of Orange High School Tennis Courts Date: June 12, 2007 In.1984, the County entered into a 20-year agreement for the use of the Tennis Courts. The courts have been open to the public since that time; after school hours, on weekends and during school breaks. A renewal to the agreement has xcently been approved by the Orange County School Board and has been placed on the agenda for. consideration at the June 26 BOCC meeting. The agreement stipulates that Orange County Recreation and Parks provides access to the facility, pays for lighting, and is responsible for 50% of major renovations and repairs to the tennis courts. Recently, tennis has increased in popularity and the Department of Recreation and Parks has provided lessons to more than 100 registrants in the past year at these courts. In addition the community has had access to the courts and to the track for wallcing and general exercise, although the track was not mentioned in the agreement. The proposed renewal agreement extends for an additional 20 years and also formalizes the use of the track fox casual drop in wallcers, without obligating Orange County to additional future capital expenditures associated with the track. Within the past few years, both Orange County Schools staff and Recreation and Parks staff have become increasingly concerned with the deteriorating condition of the eight courts. (See attached photos) Initial estimates for resurfacing the courts were in the +/- $100,000 range. Orange County's share would have been $50,000. It was later determined that resurfacing the courts would not be an effective method of repair given the extent of the damage. Evidently, no tennis court contractor the School District representative contacted would undertake a resurfacing j ob. Estimates for complete replacement of the courts were provided to the School District last fall. They are in the $300,000 to $350,000 range. With this in mind, Recreation and Parks has provided the figure of $150,000 to the budget office for our 50% portion of this project. Orange County Recreation and Parlcs has maintained a good relationship with Orange High School and the School District relative to this particular .issue. Other than the condition of the courts, there has been no major concern or problem associated with the public's or the Recreation and Parks Department's use of the tennis courts or track that we are aware of. If I can provide further clarification on this issue, please do not hesitate to contact me. 8