Loading...
HomeMy WebLinkAbout2001 Manager - Town of Carrboro - Development Joint Use Agreement for Smith Middle School Fieldsversion approved ~~ grange Count Ca~~:~ssioners on ~~~/~~ ST~iTE ~ N~[I~.TH ~A~~,~IA T~E'~E~FiVIE~T A~1I ~{~INT T~SE AGREE~E~TT ;. ~~IUNT~ CAE T~A-NE r.. PLEASE ~ET~N ~H1S CO~~ T~ THE ~ARRBO~~ TOWN ~LERI~ THIS A~R~EII~ENT, made and entered into by and between the Town of Ca~rboro, North Carolina, a North Carolina municipal corporation, 3t~ 1 west fain Street, Car~rrboro, North Carolina 27510 thereinafter referred to as the "Town"}, the County of grange, a North Carolina municipal corporation, 200 ~. Cameron Street, ~fiillsborough, North Carolina 2727 ~hereina~er referred to as the `County"}, and the Chapel dill-Carrboro City Board of education, a school adrninistrativeumt under the lams of the Mato of North Carolina; Lincoln Ceuta, 75o S. Merritt Mi11 Road, Chapel dill, North Carolina 2751 thereinafter 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, hereina~~er referred to as the "R.~. and E~elle F. Smith Middle School" the "School Site"}. w"~TNESSET~ w~E~AS, ~.e parties to this Agreement are public bodes, politic and corporate, under the laws of the Mate of North Carolina, anal wB:E~EAS, the pa~ies are vested with the power and authority to own and i:~prove real estate for recreational and other public purpoaes; and ~~:EREAS, the Board of Education i~ in the process of finalizing plans for the construct~o~ of the Smith diddle School and appurtenant recreational fields on the School Site; and ~~EREAS, the Board of Education, the County and the ~To~ recognize that there nay be mutual benefits and cost savings associated with a cooperative effort to develop recreational facilities for shared use; and w~ERFAS, the parties recognize the rnutual benefit in the To~~.~s acting as lead entity for pragra~n~ning of such facilities during non-school hours and for carf~rn~.icatin.g with the ward of Education and Jaunty regarding that pragranaming; and S w~E~EAS, the Board of Education, the Jaunty and the Fawn have consulted each other and have determined that their respective interests nay be furthered if an additianal recreational Meld and related amenities for joint use are developed at the School Site conte~mparaneously with the cvnstuctian of the Smith Middle School; and ~'~~REAS, the ward of Education, the Jaunty and the ~Tawn. have recognized the need fvr additional public athletic fields, and particularly soccer fields, that can be made available fvr gvvernrnental and private organizations to pragran anal expand recreational opportunities in the area; and, ~~E~EAS, the Board of :education, the Jaunty and the Town agree that community use of the recreational fields and paring lots at the chapel dill ~Igh School, Seawell :Elementary School and Srnith Middle School would benefit the citizens of ~arrbvra and grange Jaunty; and ~'~EREAS, the lags of the State of forth aralina provide that the parties hereto nay contract and agree, each with the other, fvr the joint use ~f facilities fvr the stated public pu~ases; and U~E~.EAS, in ~~~therance of ~.e aforesaid, the parties hereto dv propose to contract and agree for a period of thirty ~~} years, to jointly use and mutually operate recreational fields and appurtenant facilities all of which are to be constructed by the Board of Education an ~.e School Site; and w~E~EAS, the implen~entativn of this Agreement would fulfill substantial Board of Education, Jaunty ~d ~'ow11 needs, and be of significant nlutu~. benefit to the parties hereto, and to the public generally, 2 w~E.EAS, 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 Mate property that the land on which the ~e~ds referred to herein are to be, located is leased to the Grange County Can:~~issianers for the specific purpose of providing additional land far he~ Schaal Site, and that all agree~n.ents between the parties will be subject to the underlying lease agreements and rights of the Mate of Narth Carolina and the university of Noah Carolina at Chapel Mill but in na event shall the County's and the Town's access to the soccer field ider~tif~ed as Field ~b i~ this Agree~.ent, once constructed, be denied or lirnited during the teen. of this Agreement; and ~~~.EAS, the Board of Education has ar expects to have control of land currently owned by the University of Forth Carolina at Chapel Hill which is to be leased to the grange County Co:~missianers 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 ~.e final execution and approval of that lease by the Council of State, the university of North Carolina at Chapel Hi11, tie grange County Co~i~nissioners, and the Chapel dill-Carrb~ro City Board of Education. New, T~RFF~~.E, in consideration of the foregoing anal of the mutual promises aid obligations set forth herein, the receipt and sufficiency of which is hereby ac~riawledged, the parties agree as follows: 1. ~anstr~uction of n .Additional recreational Field b the ward of Education: The Board of Education plans to improve existing recreational and athletic fields and to construct neu~ fields at the S~.ith ~ii.ddle School site. By this Agreement, the Board of Education agrees to construct an additional recreational field on a pardon of the smith Middle Schaol site, v~hich is situated in fide Tom of ~arrbaro. The additional recrea~anal ~.eld and the general location at the site of all plar~,ed fields are more particularly depicted as fie/ds n~bered ~, 3~ fib, and ~ an the ~Jverall Site ~`lan annexed to this Agreement as Schedule ,~. The additional field is specifically one of the tea soccer fields and is identified an schedule A as Field fib. ~ub~ect to and contingent on the Board of Education obtaining such gavern~aental approvals, permits, and funding as ~.ay be rewired by applicable state and local lames 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 so~ball~baseball field Schedule A, Field 1, two soccer/practice fields (Schedule A, Fields 3a and 3b) and six (6) tennis courts (Schedule A, Field ~}. It is the inten~on of fine Board of Education to complete construction of the Fields and begin use thereof at the earliest passible time. ~ this connection, irrigation systen~~ and sod are plar~ed far installation an 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 Bduaation. In consideration for these i~nprovenents, Feld 3b ~vlll be available far use by the Board of Education dig all days that Schaol is in session m.til the end of the regular school day. The parties agree that Field 3b shall be available for Ta~~n and bounty use camn~encing at ~:~~ p.. an days that school is in session. f ~a~ ~ I~i is for Evenin Fra anus. The parties berate, either jointly ar, if one of them decides to do sa, independently,, may purchase and install conduits andlor lights at any Field or Fields either during the initial field construction ar anyti~.e in the future. ro> ~1SCellaneaUS Anlenitles. The Board of Education will pravide a baclstop, duaut area and bench, and perirneter fence for the saftballbaseball field Schedule Field 1 , a scoreboard and two professional quality soccer foals far each of the soccer fields (Schedule ~., Fields 3a and b}, sufficient bench space to seat two full soccer terms at each of the soccer fields (Schedule A, Fields ~a and 3b~, a n~inimu~. of four ~~} trash receptacle, and toilet facilities. The Board of Education will seed 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 electronicaly aperated scoreboard, the Board of Education is under na abliatian to pravide an electronically aperated scoreboard. ~. Fa ant of Count and Town. Contributions to Construction Costs. ~Jpan the cornpletian of the canstr~.ctian worl~ and installa~.on of an~~nities described above in accordance with a Conditional use Fer~nit to be~ reviewed by the Town far this praj act, the County and the Toni. will each pay to the Beard of Education the su~~n of Seventy-Five Thousand ~~~`5,~~~} Dollars, far a combined total contribution of .e Hundred Fi~y Thousand Dollars 1 ~~,~4a~, said sun to be applied to the cast of the canstr~.ction of Field 3b by the Board of Education at the School Site. 3. point ~Jse ~f Recreational Fields; The Beard of Education agrees that the Town and the County shall have the ri~.t to use Field ~b at all tunes when school is net in session. Additionally, the Town and the County may use Fields 1, a, and 4 when said Fields are not in use by the Beard of Education, in accordance with the Beard of Education's general policy anal procedure far use of school facilities bynon-school entities in effect at the time off' the proposed use of the ~"ields. The parties understand and agree that the Town and the Jaunty will work together to coordinate prora~~ning of the use of the Fields when school is not in session and that the Town will be the lead entity far progran~n~ing such use and cansrnunicating with the hoard of Education regarding the same. The Board of Education, the bounty and the Town will make the soccer Melds available far use on a Fall weekend each year far a con~mua~ity festival far the hispanic population, provided that the event be scheduled at least sixty (60) days in advance to allow for program p1~ng by the Town, and the bounty. Minor alterations in the schedule far use of the Melds use m.ay be made, from time to tune, by representatives ofthe parties without farrr~al approval of . the parties as long as such alterations and the name of the representative authari~ing such alterations are documented in writing. 4. utilities Maintenance and ~J kee The Board of Education shall be responsible far, and shall bear the full cost of, upkeep and. routine maintenance of the Melds, including sad and in~.gation facilities. :however, casts associated with e~traardinary maintenance and repair of the portion of ~~.e irrigation system servicing Field fib, including labor, supplies and materials, shall be divided equally ar~a.ong the parties. The Board of education will not undertake or contract for such extraordinary maintenance and repairs of ~"ield b without the prior consent of the Town and the bounty. ~a} As set fo~h in paragraph 1 ~a}, the Town and the bounty, or either of them, may, at their awn cast and expense, install and maintain lights at and or mare of the ~`ields. The party or parties installing lights at the ~iel~~s~ shall be responsible far the maintenance and upkeep of the light system. The Board of education nay use the light system, provided that the Board of Education. shall dacurnent its time of usage and, if the ward of Education uses the light syster~ far more than ten ~~} hours per year, the hoard of Education shall cantribute taward the ar~.ual maintenance -and repair casts in proportian to its use of the lights. ~~ Each party shall be responsible far its au~n lining or marling requirements, The parties agree to use only no~~toxic and non-corrosive praducts far maintaining, lung or narl~ing Field 3b, in accardance with the Ten's Least Ta~ic ~tegrated Pest Management Palicy, ~. Joint use of Parl~in Area and P1a ound: The ward of Education agrees that the public shall have use of the paring lets and recreational facilities at chapel dill high School, Smith Middle School and Seawell Elementary Schaal. Minor alterations regarding the schedule far availability of these paring fats and recreational facilities may 'be made, from tine to tune, by representatives of the parties without formal approval of the parties as long as such alterations and the Warne of the representative au~.ori~ing such alterations are docun.ented in writing. ~. Prevision for Towwr~.. and daunt Surnrner an or Similar Pre erns: The Fields m.ay be reseed far a Tau~n ar bounty su~:nrner camp ar Tawn ar bounty pragr~r~, during the months of June, July and august, when school is net in session, Such reservation shall be made in uniting by the Town er Jaunty to the hoard of Education ar its designee, en er before .~pril of the year in which tae Tawn or Jaunty proposes to conduct a c~np or pragrarns at the School Site. It is understood that the Fields gill require periods when activities will net be scheduled in order to provide time far turf rejuvenation, Reservation and use of fields will be scheduled accordingly, In the event the hoard of Fducatian deten~nines that the Smith diddle School should be operated as ~, year round school, the 'dawn and Jaunty nay schedule programs during the intercessions of such year round school when the school is not in session. ~, Availabilit of Smith Addle School bite: Thy Town and the bounty understand that due to possible construction delays, the Smith Addle School alts, including Fields fib, m.ay not be available far in~ediate use when the school opens as scheduled for the ~~t~ 1-~~ school year, and agree that any delay in use due to construction shall not constitute a breach of this ~greenent. Provided, however, that such delay in use. shall not exceed. two ~~~ year from the date that the Smith N~iddle School opens to students. ~. ~"aiver of Subra atianlIn~urance' ~'he hoard of ~ducatian agrees to maintain fire, extended coverage, and vandalism. and malicious nisc~.ef insurance on the premises and on personal property of the Board of ~ducatian contained therein to the extent of its full insurable value; the ~owra and bounty shall da the san~.e with respect to their property located in or on the premises. ~`he parties hereby mutually release and discharge each from all claims or liabilities arising from or caused by hire or other casualty covered by the above insurance an the premises, or property in or on the premises. ~. ~asualt anal Liabili fnsurance~ rt 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 park upon demand, satisfactory evidence of insurance. 1 ~. ~derr~i each party hereto shall, to the extent allowed by lain, indemnify and bald harmless and defend the other parties, their agents and employees from any claims, cost, expense, liability, action or judgn~.ent, including attorney's fees, a~rrising 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, i 1, ~se_by. her Fart~es: t is understood and agreed hereto that the parties shall endeavor to rriale the Fields available on a reasonable and non-exclusive basis to other interested groups and public bodies when not in conflict with the prograrr~. of the parties hereto, upon sash terms and conditions as the parties entitled to use of the ~"ields pursuant to th%s Agreement m.ay, in their discretion,. establish, The Town and bounty may rn~e Field 3b available to, and. co-sponsor events and programs with, other interested parties during times reserved for use by the Town and bounty, l~, ~rnendrnents: 'phis Agreern:ent may be amended by mutual written agreement if the Board of Education, the bounty and the Town, l3, Te~~~ ~s agreement shall exist and continue far a period of thirty ~30-} years beginning September l:, X001 and ending August 3 ~, ~o~ l , Provided, however, that the parties will review this Agreement on or about ~epternber 1 ~ Zot~l, and every hve ~~~ years therea~er, to detern~.ine whether the Agreement is operating %n a manner that is satisfactory to the parties. ~f 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 A,greenaent. ~ the event of such an in-depth review, the parties mill in good faith re-negotiate the terms and. conditions of this ,agreement to accon~rnodate the changes %n the circumstances of the parties and to m.axnli~e joint use of the facilities. ,~ change in the terms of this Agreement based. upon such re-negotiation shall not constitute a breach of this Ag~een~ent. ~. ~overnn~ental ~. rovas~ nothing in this Agreement shall he construed as waiving, noodling or granting any local government permits or approvals v~hich naay be necessary for the development anchor construction of any facilities or ~n~provenents in the Town. The hoard of Education is responsible for seel~ng and obtaining such local govern~.ent approvals as nay be necessary for the worl~. 15. ~nt~re ~.~gr~g m.ent: This Agreement constitutes the entire Aeement of the parties hereto ITI~~S~ ~~~~{~~, the parties to this Agreement have duly and validly approved it and caused it to be executed in their behalfby the undersigned agents. This the ,~ day o ~ ~ ~ ~, ~ ~ ~ T~'"~"l ~~ ~A~~~~C~ .~~~~~ fob ert rgan, Town lanagc A. ~ ~t~ - Attest: o~vn ~ler~ Approved as to fo:n~n and authori~atlon: ~4~~~~~'tit~~~~~~~~~~rxlttl~~~r e '"~- ,~ ;: ~ ~' !~ . ..~ w ~ ~~~ ~ ~r ~ ~~ ~ ~ ~p~~jt1~~ ~ ~~~~~~~~~ ~r~u ~+ ichael B'. rough, wn Attorney This Agreement has been ~'reaudited in the manner .e~uired by the Focal overnn~ent budget and Fiscal +~ontrol Act. Finance ~ir~ for ~~ a This i to cexti~y that on ~ dad per~anally appeared he~ore ~e~ ;~~~ with wham ~ per~onall~ acquainted, v~ha bein,~ ~~ one d~.l~ s~varn~ ~a~r that Rahert loran is ~ana~er of the Tawn of ~arrboro anal that heshe, ~~~ ~ , is the Torn ~ler~, a bady politic and carparate, dec~.hed . and which executed the ~ore~ain A~ree~.ent, that hehe knave the co:~~nan peal of the Town a~' ~arrhara; that the seal a'fixed to said. in~tru~nent is said common eat; that the name of the Tawn of arrharo vas ~uhseribe~. thereto h~ paid l~~n.aer a~ the Tawn of arrboro and Yazd Tom ~lerl~ s~.~scrihed their names thereta and said cannon seal was affixed, ail b~ and that said in~trc~n~ent is the act and deed a~ said Ta~vn of ~arr~boro. ~~ carnrnision ex ire. ~ p ~~~~~ ~~L~L~-~~~~~~ ~~~ ~~ ~~I~AT~~~ carne, Title t / Name, Secretary ,~`~~ ~~~~~ ~~}~JNTY Stephen H~ ~al~~otis, hair Beverly Bl he, Cl 11