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HomeMy WebLinkAboutAgenda - 10-19-2004-9aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 19, 2004 Action Agenda Item No. q- q SUBJECT: Interlocal Agreement on OCS Middle School #3/West Ten Soccer Complex DEPARTMENT: Manager/Purchasing/Planning/ PUBLIC HEARING: (Y/N) No Attorney ATTACHMENT(S): INFORMATION CONTACT: As noted in "Background" Rod Visser, ext 2308 Pam Jones, ext 2652 Craig Benedict, ext 2592 Geof Gledhill, 732-2196 TELEPHONE NUMBERS: Hillsborough Chapel Hill Durham Mebane 732-8181 968-4501 688-7331 336-227-2031 PURPOSE: To approve an interlocal agreement, and related documents, with the Orange County Schools that will facilitate the development and construction of the third OCS middle school in the Efland area and the adjacent West Ten Soccer Complex that is owned and will be operated by Orange County. BACKGROUND: Orange County and the Orange County Schools have decided to collaborate in the development of two major capital projects on adjacent properties in the Efland area of western Orange County: a six field soccer complex awned and operated by the County, and a new 700 student middle school for the Orange County Schools. As outlined in succeeding paragraphs of this abstract, the Orange County Board of Commissioners (BOCC) will need to make a number of decisions at this and future meetings that will facilitate further development of both the soccer and school sites. Property Acquisition In March 2004, the BOCC received a presentation on behalf of the Orange County Schools (OCS) system regarding the proposed third OCS middle school and siting on property then owned by the Allison and Daniel families. The BOGC; • approved the price far OCS to purchase the 66+ acres of Allison and Daniel property of $775,000; • approved an accompanying OCS Middle School #3 capital project ordinance appropriating that finding for site acquisition; and • directed County staff to work with OCS on the ultimate disposition of approximately 25 acres of the purchased property (at that time it was anticipated that only 41 acres of the approximately 66 acres would be needed to satisfy the land requirements for OCS Middle School #3). Also in March 2004, the BOCG authorized the purchase for $508,500 of the approximately 34 acres immediately adjacent to the east of the Orange County Middle School site for the development of a soccer complex, Exploration of Cost Saving Approaches Thereafter, County and OCS staff and the middle school architects have held discussions about how the adjacent locations of the middle school and soccer park sites could lead to economies of scale in design and construction of both the soccer complex and the middle school, leading to cost savings in bath projects, In May 2004, the Board approved a contract with Corley, Redfoot and Zack (CRZ) -the same firm engaged by OC5 to design the middle school -for these services. In June 2004, the BOCC considered and approved the pre-concept plan (Attachment 1) for the soccer complex and authorized staff to work with the Orange County Schools and CRZ to: • determine the most appropriate method of bidding the site development of the soccer park along with site work for the school; • obtain community input through an outreach process consistent with the pre-concept plan approved by the Board of Commissioners in March 2004; • authorize the issuance of the bid for the pre-grading component of the project; • authorize the development of an interlocal agreement with the Orange County Board of Education to accomplish the concurrent bidding of the school and West Ten Soccer Complex to achieve economies of scale; and authorize the development of all easements necessary for access, utilities and parking, The pre-concept plan for the soccer complex included its interrelatianshiptyith the OCS Middle School and particularly the shared use of access facilities and parking, The eastern access drive to the middle school will be located almost entirely on the soccer complex property, Parking that will be located an both the school property and the soccer complex property will have a potential to be shared. Special Use Permit In June 2004, the Board of Commissioners approved the special use permit (SUP) for the Orange County Middle School #3. That special use permit, in the interest of shared opportunities and a safer intersection at West Ten Road, provided for the eastern drive of the school to be located on the soccer complex property with cross access easements to ensure that the drive will be available for both school use and soccer complex use, The special use permit also gave the school the option of meeting impervious surface requirements for the Upper Eno protected watershed by 1) keeping the impervious surfaces an the school property to 12% or less without the use of structural best management practices (BMPs) or 2) in effect, exceeding the 12% impervious surface limit and operating structural BMPs. Finally, the special use permit, contemplating that the non-stn~ctural BMP approach would be utilized by the Board of Education, provided for the Board of Edtcation to convey to Orange County a conservation easement to the area of the Board of Education property north of the athletic complex, the terms of which were subsequently to be agreed upon by the Board of Education and the County. The combination site plan for the Orange County Middle School #3 and the West Ten Soccer Complex, with its shared facilities, accomplishes the goal of not exceeding 12% impervious 3 surface of the 66+ acre school site and doing the site work for both projects simultaneously with significant project cost savings for both Orange County and the Board of Education, Smart Growth Considerations During the past year, the BOCC has extensively discussed the importance of siting, designing, and constructing new schools in keeping with "smart growth" principles, The proposed OCS middle school #3 reflects these principles in a number of ways, For example: • The use of Smith Middle School as a prototype for OGS Middle School #3 could lead to savings of 1 to 2% in the total project cost. • Preliminary school design incorporates energy conservation through daylighting. • The school site area is large enough for the potential of land banking for future uses, • The adjacent County soccer complex property is allowing the development of joint school- park opportunities. • Economies of scale during constniction and shared use of infrastructure (e.g, parking, access, turning lanes, water and sewer facilities, electric utilities) should lead to financial savings. • Land for the building footprint is primarily cleared of trees, so there is limited encroachment needed of forested areas, • Man-made water retention features (ponds) are available, potentially for area irrigation purposes and for water quality enhancements, • Transportation access to the site along major corridors is readily available, • The Economic Development District (EDD) in which the middle school and soccer properties are located is programmed for a critical threshold of activity that would promote park and ride lots and mass transportation. Interlocal Agreement County and OCS attorneys have prepared a proposed interlocal agreement (Attachment 2) to accomplish the construction of the site improvements that will benefit both projects and that accomplishes the cross access easements necessary for the access road parking and sidewalk areas to be shared by both OCS far its middle school and Orange County for its soccer complex. The survey at Attachment 3 (under separate cover) reflects public dedications and cross-easements that are in part the subject of the interlocal agreement and are described in the easement exhibits to the interlocal agreement. The interlocal agreement provides for the Orange County Board of Education to award bids related to site work and to manage site work construction that will benefit both projects and facilitate the scheduled opening of the middle school in Summer 2006, At this time, it is anticipated that the Orange County Board of Education will consider awarding the pre-grading bid at an early November meeting.. The County Attorney will briefly outline the major points of the interlocal agreement that the BOCC is asked to approve at this October 19 meeting. Pre-Grading Bids Bids for the pre-grading work on bath project sites were opened on October 12, 2004. As noted in Exhibit A to Attachment 2, the low bid for the work is $839,350, Of that amount, $347,030 is allocated to the County's portion of the work, The allocation is based on the actual work that will occur on each piece of the project, In addition, the Board may recall that the projects' engineer originally projected savings of approximately $100,000 by joint bidding the project. That anticipated savings was reflected in their preliminary estimate of about $1,080,000 for the pre-grading work, The actual low bid is nearly a quarter of a million dollars lower than this preliminary estimate. While the entire amount under the preliminary estimate should not be attributed solely to the success of the joint bidding venture, it is fair to say that it is a strong contributing factor and mare than justifies the approach endorsed by the Board. Orange County voters approved $75 million in general obligation bonds in November 2001 that included an earmarking of $2 million fora "Soccer 5uperfund" that would fund the development of new soccer fields throughout Orange County. The BOCC adopted "Soccer Superfund Policy and Guidelines" (Attachment 4) that would help guide the use of these funds, Pursuant to the BOCC's directive at their meeting of June 23, 2004, and in keeping with the Soccer Superfund policy provision regarding public review and comment about any proposed soccer field development, staff conducted a public input meeting regarding the West Ten Soccer Complex on July 21, 2004. A summary (Attachment 5) of the discussion from that meeting is included with this agenda item. Also attached is a revised concept plan (Attachment 6) for the soccer complex, prepared by CRZ to reflect feedback from the public input meeting, CRZ representatives will point out the changes in the concept plan that have been posted following that public input meeting, The policy also provides that approximately half of the soccer superfund money may be spent for a complex of six or more fields somewhere in Orange County, To date, the Board has appropriated by capital project ordinance $1.5 million of the $2 million in November 2001 bonds for soccer.. Of this appropriation, $508,500 was earmarked for property acquisition and $119,000 for professional design/engineering fees, If the Board approves the staff recommendation that a further $347,030 in bond proceeds be allocated to cover the County's share of the pre-grading costs, the total soccer superfund earmarking would increase to about $975,000. Conservation Easement As contemplated in March 2004 and as reflected in the .June 2004 action on the special use permit, the County Attorney and the School Board Attorney are working on a conservation easement for the approximately 25 acres of the school site lying to the north of the athletic fields which will not be developed, This area of the 66+ acres making up the school site has upland wetlands and upland forest areas worthy of protection. The Orange County Planning Board, in its deliberations on the school SUP, urged the protection of these areas, It is expected that the conservation easement would be drawn such that the impervious surface far the 25 acres would remain with the balance of the school property, all other development rights would be extinguished, and the 25 acres would be available to the public far some passive Gounty- managed recreation uses, probably in conjunction with future development of the northern portion of the West Ten Soccer site, The decision to authorize the school to spend $775,000 for the purchase of this middle school site had with it the expectation that the County might buy from the Board of Education the portion of the 66 acres not needed for the school facilities and a corresponding reduction of the land cost portion of the school construction standards budget for this school, That can still be accomplished, in whole or in part, by the County either purchasing the conservation easement in question from the Board of Education or giving the same dollar amount in credit to the Board of Education in the land cost portion of the school budget for the middle school. 5 Anticipated Future DecisionlDiscussion Items Several topics affecting the middle school and soccer projects will need to be addressed by the Board at future meetings, These topics include, but are not necessarily limited to: • Agreements involving serving both middle school and the soccer complex with public water and sewer and perhaps other utilities. These easements will be brought forward as their location and dimensions become known, They will have to be accomplished before either the middle school or the soccer complex receives certificates of occupancy from the Orange County Planning Department, • Approval of a capital project ordinance appropriating funds for the County's pre-grading casts in accordance with the BOCC's funding decision at this October 19 meeting. • Discussion of how and when to fund the additional costs that will be associated with building soccer fields and related amenities, after the pre-grading work has been completed, • The recent request by the Orange County Schools that the BOCC consider how additional funding might be provided to address an anticipated increase in the cost of the middle school project to roughly $21,5 million, • Although it is clear that the Orange County Board of Education has no plans in the foreseeable future to locate another school in the general area of this middle school or on the same property that this middle school is located, a decision to do so is not foreclosed by any actions taken or contemplated, If another school were located in the southwestern quadrant of the school property, and if Orange County's watershed protection regulations were the same as they are now at the time of the location of another school at this location, then it could be constructed and the impervious surface requirements would have to be met by the use of a BMP structure, The expense of constructing necessary BMP structures and their perpetual maintenance would have to be part of the consideration of locating another school on this property. Utilizing the entire 66 acres of the property purchased far the Orange County middle school allows the construction of that school without the expense of perpetually maintaining BMP structures. The perpetual maintenance is particularly problematic to both the Board of Education and the County because it is an operating expense that would have to be funded by the annual per pupil current expense appropriation, FINANCIAL IMPACT: As noted above, the BOCC has to this point earmarked $627,500 far the soccer complex from Soccer Superfund bands for land acquisition and architectural/engineering design services. The County's share of pre-grading work will increase that amount to about $975,000, RECOMMENDATION(S): ~fhe Manager recommends that the Board: (1) approve the revised concept plan for OCS Middle School #3 and West Ten Soccer Park; (2) dedicate to the public the portion of West Ten Road lying within the property awned by the County to be rased for the soccer complex to the public for public road purposes; (3) accept, for the use of the general public, without maintenance responsibility, the public dedication along West Ten Road of both the Orange County Middle School #3 site and the West Ten soccer center site; (4) approve the interlocal agreement between Orange County and the Orange County Board of Education for the joint site development and for access and parking easements; (5) authorize the Chair and Clerk to execute the interlocal agreement and the easements to the Orange County Board of Education for the access roads; and (6) approve the allocation of an additional $347,030 in soccer superfund bond proceeds to cover the County s cost of the pre-grading site work. Proposed West Ten Soccer Center for Orange County Efland, North Carolina DRAFT AGREEMENT THIS AGREEMENT is dated as of August _, 2004, and is entered into by and between ORANGE COUNTY, NORTH CAROLINA (the "County") and THE ORANGE COUNTY BOARD OF EDUCATION (the "School Board").. WITNESSETH: The County and the School Board have agreed upon a plan for the construction of certain siteworldimprovements to the School Board middle school #3 and certain sitework/ improvements to the County West Ten soccer complex (the "Projject"), as more particularly described on Exhibit A, As part of the plan, the County desires to designate the School Board as its agent to carry out the Project, and the School Board is willing to accept such an appointment pursuant to the terms of this Agreement. Also as part of the plan, the County and the School Board have agreed to share access drives, parking areas, water and sewer system easements and water and sewer system facilities as are described in this Agreement and as will be described in the future. NOW, THEREFORE, for and in consideration of the mutual promises herein contained and for other valuable consideration, the pazties agree as follows: ACCESS AND UTILITY EASEMENTS. The County and the School Boazd agree that the middle school and the soccer complex will share access drives, parking areas and, to the extent necessary, practical and convenient, water system, sewer system and other utility easements and facilities. The County and the School Boazd, by this Agreement, agree to grant to each other non exclusive easements appurtenant in the land of the other as described on Exhibits B and C, which easements will run with the land of the Grantee, for the purpose of locating access drives-and parking areas. The County and the School Board further agree that they will grant to each other such sewer system, water system and other utility easements that are practical and convenient, once surveys of those particular easements are approved by the County and the School Board. THE PROJECT. 1. APPOINTMENT• ACCEPTANCE. The County appoints the School Board as its agent to carry out the Project as more specifically defined on Exhibit A incorporated by reference herein. The School Boazd, as the County's agent, assumes all the County's rights, duties and responsibilities regazding such matters, except as limited in this Agreement. The School Board will appoint no further agent to assume such rights or carry out such duties and responsibilities without the prior written consent assume such rights or carry out such duties and responsibilities without the prior written consent of the County. The cost of the Project will he split between County appropriations from the West Ten Soccer Complex Project Ordinance and the School Board middle school #3 Project Ordinance as prescribed on Exhibit A. 2. CONTRACTS. The School Board, with the County's approval, may enter into any purchase order or contract with respect to the Project in the School Board's name. All applicable State and local laws and regrrlations, including but not limited to the applicable provisions of Art. 8, Chapter 143 ("Public Contracts") of the North Carolina General Statutes, shall be performed on behalf of the School Board and the County, including minority participation documentation and reporting with respect to the Project contracts. 2.1 Contractors' Performance and Payment Bonds. The School Board will provide for each contractor entering into a Construction Contract to furnish a performance bond and a separate labor and material payment bond as required by Article 3, Chapter 44A of the North Carolina General Statutes.. The School Board will provide copies of such bonds to the County.. Each such bond will include the County as a dual obligee. Upon any material default by a contractor under any Construction Contract, or' upon any material breach of warranty with respect to any materials, workmanship or performance, the School Board will promptly proceed, either separately or in conjunction with the County, to pursue diligently its remedies against such contractor or against the surety of any bond securing the performance of such Construction Contract. 2.2 Contractors' General Public Liability and Property Damage Insurance. The School Board will provide for each contractor entering into a Construction Contract to procure and maintain standard form (a) comprehensive general public liability and property damage insurance, at such contractor's own cost and expense, during the duration of such contractor's Construction Contract, in the amount of at least $1,000,000, and (b) comprehensive automobile liability insurance on owned, hired and nonowned vehicles for not less than $1,000,000. Such policies will include the County and the School Board as additional named insureds or loss payees. The School Board will provide to the County a certificate of insurance in a form acceptable to the County, with respect to each contractor and subcontractor. Such insurance will provide protection from all claims for bodily injury, including death, property damage and contractual liability, products/completed operations, broad form property damage and XCU (explosive, collapse and underground damage), where applicable. 2.3 Contractors' Builder's Risk Completed Value Insurance. The School Board will provide for each contractor entering into a Construction Contract to purchase and maintain property insurance (builder's risk) upon all construction, acquisition, installation and equipping of the Project improvements (excluding contractor's tools and equipment) at the Project sites at the full insurable value thereof. This insurance will include the County as an additional insured or loss payee, and will insure against "all risk" subject to standard policy conditions and exclusions. The construction contractor will purchase and maintain similar property insurance for portions of the work stored off the Project sites or in transit when such portions of the work are io to be included in an application for payment. The construction contractor will be responsible for the payment of any deductible amounts associated with this insurance.. 2.4 Contractors' Workers' Compensation Insurance. The School Board will provide for each contractor entering into a Construction Contract to procure and maintain workers' compensation insurance during the term of such Construction Contract, covering the contractor's employees working thereunder.. A certificate of insurance evidencing such coverage, in form acceptable to the County, will be provided to the County with respect to each contractor entering into a Construction Contract, Each Construction Contract must also provide that each subcontractor of any contractor who is a party to such Construction Contract shall be required to furnish similar workers' compensation insurance and certification thereof 2.5 Cooperation. The County and the School Board will cooperate fully with each other in filing any claim or proof of loss with respect to any bond or insurance policy described in this Contract. In no event will the County or the School Board voluntarily settle, or consent to the settlement of, any proceeding arising out of any claim with respect to the Project without the other's written consent. 3. RIGHTS AND RESPONSIBILITIES FOR THE PROJECT. The School Board, as the County's agent, will be responsible for carrying out the Project and will have all rights to supervise the Project. In particular, but without limitation, the School Board will have the right to approve changes to the Plans and Specifications and the Construction Contracts upon first having obtained the advise of the County Manager, except that the School Board may not, without the written consent of the Board of Commissioners of the County, approve any changes which increase total estimated Project costs above the amounts previously identified and designated therefor. When the construction of the Project improvements has been substantially completed to the School Board's and the County's satisfaction, and after receiving certification of substantial completion frorn the Project architects and engineers the County will promptly deliver to the School Board or its designee final payment therefor. The School Board will be required to monitor the maintenance of contractors' bonds and insurance coverages described in Sections 2.1 through 2.4 of this Agreement, The County and its representatives and agents will have the right to enter upon the Project sites and inspect the Project improvements from time to time during construction and after the completion of construction, and the School Board will cause any vendor, contractor or subcontractor to cooperate with the County and its representatives and agents during such inspections. No right of inspection or approval granted in this Section will be deemed to impose upon the County any duty or obligation whatsoever to undertake any inspection or to make any approval. No inspection made or approval given by the County will be deemed to impose upon the County any duty or obligation whatsoever to identify or correct any defects in the Project improvements or to notify any person with respect thereto, and no liability will be imposed upon the County, and the County makes no warranties (either express or implied) as to the quality or fitness of any improvement, any such inspection and approval being made solely for the County's benefit, 4. SCHOOL BOARD'S AND COUNTY'S RIGHT TO ENFORCE CONTRACTS. For so long as the School Board is not in default of any of the provisions of this Agreement, the School Board has the right to enforce in its own name or in the County's name purchase orders or contracts entered in the County's name or' the School Board's name for the Project; provided, however, that if the School Board is in default of any provision of this Agreement for a period of thirty days after being notified by the County of such default without cure, the County has the right to terminate this Agreement with respect to the Project and assume all the School Board's responsibilities for the Project, In the event of such a termination of this Agreement with respect to the Project, the School Board will assign to the County any and all right, title and interest to any and all contracts relating to the Project, including but not limited to any architect agreement(s), any and all engineering agreements, any and all construction agreements, and any and all plans, specifications and other drawings or documents prepared or to be prepared for the Project. The School Boazd agrees to reimburse the County for any and all costs, expenses, and damages incurred by the County in the assumption of the rights and responsibilities of the School Board due to such event of default without cure, and to the extent permitted bylaw, to indemnify and hold the County harmless for any and all claims for' damages by others related to such event of default without cure. The request(s) for proposals and/or request(s) for bids for the Project improvements shall identify the County's interest in the Project and shall require that all wazranties associated with the Project improvements, express or implied, will be enforceable by the County, the School Board or both, without regard to whether the construction contracts are between the construction contractor and the County, the construction contractor and the School Board or the construction contractor and the County and the School Board. 5. PROJECT FUND DISBURSEMENTS. Amounts will be disbursed by the County to the School Board for Project costs only upon the County's receipt of a requisition, signed by a School Board representative with authority to do so, in the form prescribed by the County which makes certain representations, designates the payee and provides evidence that payment is due (such as an architect's payment certification). The County has the right to obtain such additional evidence as it deems appropriate to determine the accuracy of the representations set forth in the form of requisition and the propriety of payment. The School Board will provide the County with such information in the School Board's possession as the County may request.. 6. APPLICATION OF CASUALTY INSURANCE PROCEEDS. Notwithstanding any provision of this Agreement, the County retains the sole power to control and direct the application and distribution of proceeds of casualty insurance applicable to the Project improvements. ~a RESERVATION OF RIGHTS. This Agreement is not to be construed in any way as delegating or limiting the County's rights hereunder, except as expressly provided. 8. CONSIDERATION. The County and the School Board are undertaking their mutual obligations under this Agreement in partial consideration for, and in partial fulfillment of, their agreement to carry out the Project. [The remainder of this page has been left blank intentionally.] 5 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written, ORANGE COUNTY, NORTH CAROLINA ATTEST: Donna 5. Baker Clerk, Board of Commissioners ATTEST: Dr. Shirley Carraway Superintendent and Secretary, Board of Education This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth T, Chavious Finance Officer Orange County, North Carolina Barry Jacobs Chair, Orange County Board of Commissioners By: ORANGE COUNTY BOARD OF EDUCATION Libbie M. Hough Chair, Orange County Board of Education By: This instrtument has been preaudited in the manner required by the School Budget and Fiscal Control Act. [Name] Finance Officer, The Orange County Board of Education 1~- NORTH CAROLINA ORANGE COUNTY I, , a Notary Public of the County and State aforesaid, certify that Dorma S. Baker personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal, this the day of , 20 Notary Public My commission expires: NORTH CAROLINA ORANGE COUNTY I, , a Notary Public of the County and State aforesaid, certify that L)r, Shirley Carraway personally came before me this day and acknowledged that she is Superintendent and Secretary for the Orange County Board of Education and that by authority duly given and as the act of said Orange County Board of Education, the foregoing instrument was signed in its name by the Chair of said Orange County Board of Education and attested by her as Superintendent and Secretary to said Orange County Board of Education. Witness my hand and official stamp or seal, this the day of , 20 Notazy Public My commission expires: x v ~~ ~~ oa v~ 0 N U N O C ~ ~ro~ Nm ~o m ~ H C O ~ v~ N 3 ~ 3 a~i ~ A ... 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S o $ 0o °c ° ° SSS °° ° o °$ N o ° o ° , c o, $ ° c .- .- ~ o O ° O S ooo.o0 d O O O O 000 O O O p O o O 0 O 8 y ~ PS p p NOOOS Nt o o YOiblOf! tti ~T O N ~ m = ;C ~ ^ m f ~ (Y Cm O W U O O (~ c f/] 40'~ n~ t O NO Phf nN N Qf r C ~ °~ °o c °ogg$ o o oo$ ° ~ ~ .- m an o ~j ~ 11i ~ O O .. ~o ~ o ° O O o S $ o ° ~ h ~` 00 C ScQ S~ ° ~ N uj P'7 C) N m~ ^ ~6 a 9 G 0 V A d m .D u ~ p ~t .G ~ '3~ t G cQ c ~ _ r ~ ' ~ yy ,i 'q 9 Q V G~> W ~ ~ n ~ d fS (% CC j C G (9 `u Q- N N O C E ~ G~~ 9 ~° ~ t~ "? ~ ~ a~ w = o G~ m H~ ~ ' ° 4~ w ~~ ~ 5 ~~e m ~._~•~ ~ mar ~ w i~ c nUS v, i5 1(v Exhibit B Access Easement Orange County to Orange County Board of Education DEED OF EASEMENT Prepared by: D. Michael Parker Return to: D. Michael Parker P.O. BoX 100 Hillsborough, NC 27278 THIS DEED OF EASEMENT, made and entered into this the day of COUNTY, NORTH CAROLINA a body pol: pursuant to the laws of the state of First Part, (hereinafter referred to COUNTY BOARD OF EDUCATION, 200 East 27278, a body politic, organized and of the state of North Carolina, (hereinafter referred to as "Grantee) 2004 by and between ORANGE .tic, organized and existing North Carolina, Party of the as "Grantor"), and the ORANGE King Street, Hillsborough, NC existing pursuant to the laws Party of the Second Part, W I T N E S S E T H: WHEREAS, the Grantor is the owner of a certain tract or parcel of land located in Cheeks Township, Orange County, North Carolina, which parcel of land, identified on the Orange County Land Records as PIN #9844-15-7438 and on the Orange County Tax Records as Map 3.44.,3A, which parcel is more particularly described as being Tract B on the plat recorded in Plat Book , page of the Orange County Registry, to which plat reference is hereby made for a more particular description of the same; AND, WHEREAS, the contiguous tract or parcel o Orange County, North Carolina, the Orange County Land Records the Orange County Tax Records more particularly described as in Plat Book page which plat reference is he description of the same; Grantee is the owner of a certain f land located in Cheeks Township, which parcel of land, identified on as PIN # and on as Map 3 .44. , which parcel is being Tract A on the plat recorded of the Orange County Registry, to reby made for a more particular i-~ AND, WHEREAS, the Grantor is constructing a soccer complex and related amenities on the parcel owned by the Grantor; AND, WHEREAS, the Grantee is constructing a public school building to serve as middle school and related amenities on the parcel owned by the Grantee; AND, WHEREAS, certain of the amenities to the public school being constructed by the Grantee can be used for access to the public school and related amenities on the parcel owned by the Grantor; AND, WHEREAS, it would serve the public interest and the mutual interest of both the Grantor and the Grantee for the Grantee to use the access road to be constructed on the property of the Grantor for access to the public school and related amenities on the property of the Grantee pursuant to a Joint Use Agreement as the parties may adopt and amend from time to time; AND, WHEREAS, the Grantor has consented to grant to the Grantee an easement for access over and across the lands described hereinafter; NOW, THEREFORE, the Grantor does hereby grant, bargain, sell and convey unto the Grantee a perpetual, non-exclusive appurtenant easement for ingress, egress and regress over and across that area shown as "Easement Area A" on the Plat recorded in Plat Book Page of the Orange County Registry, to which plat reference is hereby made for a more particular description of the said "Easement Area A" which easement shall be for the purposes of ingress, egress and regress to the public school and related amenities to be operated on the parcel owned by the Grantee. PROVIDED, HOWEVER, the easement granted herein shall be and remain subject to a Joint Use Agreement governing the times of the use of the easement described herein by and between the Grantor and the Grantee as the said Joint Use Agreement may be amended from time to time. TO HAVE AND TO HOLD, said right and easement to the said Grantee, its successors and assigns in title forever, it being agreed the easement hereby granted is appurtenant to and runs with the lands owned by the Grantee as herein above described. IN WITNESS WHEREOF, Orange County has caused this instrument to be executed as of the day and year first above written. IS ORANGE COUNTY, NORTH CAROLINA By: Barry Jacobs, Chair Orange County Board of Commissioners ATTEST: Donna S. Baker, Clerk to the Board of Commissioners STATE OF NORTH CAROLINA COUNTY OF ORANGE I, a Notary Public of the County and State aforesaid, certify that Donna S. Baker personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal, this the day of 2004. Notary My commission expires: 1sg:orange county\oceas doc l~ Exhibit C Access Easements Orange County Board of Education to Orange County DEED OF EASEMENT Prepared by: D. Michael Parker Return to: Geoffrey E. Gledhill P.O, Box 1579 Hillsborough, NC 27278 THIS DEED OF EASEMENT, made and entered into this the day of _, 2Q0a by and between the ORANGE COUNTY HOARD OF EDUCATION, a body politic, organized and existing pursuant to the laws of the state of North Carolina, Party of the First Part, (hereinafter referred to as "Grantor"), and ORA1vGE COUNTY, P.O, Box 8181, Hillsborough, NC 27278, a body poli.t.ic, organized and existing pursuant to the laws of the state of North Carolina, Party of the Second Part, (hereinafter referred to as "Grantee); W l T N E S S E T H: WHEREAS, the Grantor is the owner of a certain tract or parcel of land located in Cheeks Township, orange County, North Carolina, which parcel of land, identified on the orange County Land Records as PIN # and on the Orange County Tax Records as Map 3.44.. which parcel is more particularly described as being Tract A on the plat recorded in Plat Book , page of the Orange County Registry, to which plat reference is hereby made for a more particular description of the same; AND, WHEREAS, the Grantee is the owner of a certain contiguous tract or parcel of land located in Cheeke Township, orange County, North Carolina, which parcel of land, identified on the Orange County Land Records as PIN #9844-15-7438 and on the Orange County Tax Records as Map 3,44..3A, which parcel is more particularly described as being Tract B on the plat recorded in Plat Book _, page of the Orange County Registry, to which plat reference is hereby made for a more particular description of the same; ab AND, WHEREAS, the Grantor is constructing a public school building to serve as middle school and related amenities on the parcel owned by the Grantor; AND, WHEREAS, the Grantee is constructing a soccer complex and related amenities on the parcel owned by the Grantee; AND, WHEREAS, certain of the amenities to the public school being constructed by the Grantor can be used for access and parking for the soccer complex and related amenities on the parcel owned by the Grantee; AND, WHEREAS, it would serve the public interest and the mutual interest of both the Grantor and the Grantee to share those access and parking amenities pursuant to a Joint Use Agreement as the parties may adopt and amend from time to time; AND, WHEREAS, the Grantor has consented to grant to the Grantee easements for access and parking purposes set forth herein over and across the lands described hereinafter; NOW, THEREFORE, the Grantor does hereby grant, bargain, sell and convey unto the Grantee perpetual, non-exclusive appurtenant easements for the purposes hereinafter set forth over and across those certain areas more particularly described as follows: EASEMENT AREA B: A Parking Easement over and across that area shown as "Easement Area B" on the Plat recorded in Plat Book Page of the Orange County Registry, to which plat reference is hereby made for a more particular description of the said "Easement Area B," said easement being for the purposes of parking while participating in activities on the soccer complex and related amenities to be operated on the parcel owned by the Grantee. EASEMENT AREA C: An Access and Parking Easement over and across that area shown as "Easement Area C" on the Plat recorded in Plat Book Page of the Orange County Registry, to which plat reference is hereby made for a more particular description of the said "Easement Area C," which easement shall be for the purposes of access to and for parking on the said "Easement Area C" while participating in activities on the soccer complex and related amenities to be operated on the parcel owned by the Grantee. EASEMENT AREA D: An Access Easement over and across that area shown as "Easement Area D" on the Plat recorded in Plat Book. Page of the Orange County Registry, to which plat reference is hereby made for a more particular description of the said "Easement Area D" which easement shall be for the purposes of ingress, egress and regress to the soccer complex and related amenities to be operated on the parcel owned by the Grantee. ~i PROVIDED, HOWEVER., the easements granted herein shall be and remain subject to Joint Use Agreement governing the times and frequency of the use of joint facilities and the easements described herein by and between the Grantor and the Grantee as the said Joint Use Agreement may be amended from time to time, TO HAVE AND TO HOLD, said right and easement to the said Grantee, their successors and assigns in title forever, it being agreed the easement hereby granted is appurtenant to and runs with the lands owned by the Grantee as herein above described. IN WITNESS WHEREOF, the Orange County Board of Education has caused this instrument to be signed in its corporate name by its Chairperson, her signature attested by its secretary and its corporate seal affixed hereto all the day and year first above written. THE ORANGE COUNTY BOARD OF EDUCATION, By: CHAIRPERSON ATTEST: SECRETARY (CORPORATE SEAL) (SEAL) STATE OF NORTH CAROLINA COUNTY OF I, Notary Public of the County and State aforesaid, certify that Shirley W, Carraway personally came before me this day and acknowledged that she is Secretary of THE ORANGE COUNTY BOARD OF EDUCATION, a North Carolina Corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by Libbie M. Hough, its Chairperson, sealed with its corporate seal and attested by her as its Secretary. Witness my hand and notarial seal, this the day of 2004. NOTARY PUBLIC My commission expires: agnc\ocb eas ~-~a~G~~~ ~ as Soccer Superfund Policy and Guidelines Orange County has created a "Soccer Superfund," funded initially by bonds approved by County voters in November 2001. At its discretion, the Board of County Commissioners may consider appropriation of fiords (as available) from the Soccer Superfund. Purposes of the Soccer Superfund Funds from this source are intended to he used primarily for the development of fields used primarily for soccer in Orange County. A secondary pm-pose for these funds is for the purchase of land in Orange County for the development of soccer f elds. The Board of County Commissioners may reserve approximately %z of the total fund for a Soccer Park of at least six (6) fields, A. Construction of Public Soccer Facilities Facilities funded by the Soccer Superfund should be developed using a process that inchides opportunities for public heazings, comment and review. 1. Facilities Constructed by Orange County a. Facilities should be constructed on land that is owned by Orange County, b_ Facilities should be designed by, and oversight of construction should be managed by, the Orange County Envir°omnent and Resource Conservation Department azid the Recreation and Parlcs Department, as defined in their departmental duties. Other persons or entities maybe involved as directed by the Coumty Manager or the Board of County Commissioners. c. Facilities should be managed by Orange County Recreation and Parks Deparnnent, which should be responsible for- the progrmnming and use of the facility. The Recreation and Parks Department will schedule these facilities for use by Orange County programs, and when available, for use by non-profit outside recreation agencies and groups which demonstrate outreach and other practices promoting equality and goodwill regardless of an individual's race, color, creed, religion, national origin, sex, disability, age, veteran status or familial status. 2. Facilities Constructed Through Matching Grants to Public 1;ntities Qualified public entities may apply for up to 50% matching funds from the Soccer Superfund to assist in soccer field development projects, Project proposals must include proof of free and clear public ownership of the land on which the fields will be developed. The acceptance of in-kind services toward the 50% match will be considered on a case-by-case basis by the Board of County C.onunissioners. The Board of Commissioners will make a determination on the approval of matching grants, at their discretion and as fiords permit ~~ To apply for matching fimds, an application request must be submitted to the County,. The application should state the name of the applicant organization, the purpose of the proposed project, the anticipated cost of the project, and other details as shall be specified on the application form. The applicant must provide documentation ensuring that their portion of the matching fimds is available and at hand. The application will be evaluated by County staff, with a reconunendation submitted to the Board of Commissioners.. .3. Conditions and Priorities for Funding Consideration Priority consideration for funding (both County projects acid matching grant projects) will be given to projects that meet the following criteria. Projects that meet multiple criteria will receive higher weighting: 1) Incorporate economies of scale (i.e., two or more fields situated together that share lighting and ancillary facilities) 2) Construct full size fields (approximately 360' in length by 225' in width) 3) Construct fields which include planned lighting 4) Construct fields which include planned irrigation 5) Construct fields that are readily accessible for public use 4) Construct fields that have access to Public Transportation 7) Construct fields that receive approval of appropriate regulatory agencies 8) Locations where water and sewer is available (especially for proposed "soccer park" projects).. 9) Construct new fields that are not previously approved as part of a park master plan or concept plan as of the November G, 2001 bond referendum. (Southern Corrununity Park, Efland-Cheeks Cornrmuuty School Park and all Schools occupied as of December .31, 200.3 are not eligible to receive Soccer Superfund funding.) 4. Contract Language Contract Language between the County and the grant recipient will inchide the following basic premises: Orange County retains the right to assume controlling management and operation of facilities for which applicant entities have received grant monies from this fund, should the Manager and the Board determine that field management, maintenance and/or availability expectations based on the above criteria and spelled out in the contract authorizing grant approval have not been maintained.. Fields that are funded by the Soccer Superfund must be reasonably available for use beyond that of the grantee. Any contract for matching grant must specify how and when community use of the field will be made available. a~ • The grant recipient will agree to an ongoing commitment to Outreach and Inclusion of Minority Participation, and other practices promoting equality and goodwill regardless of azi individual's race, color, creed, religion, national origin, sex, disability, age, athletic ability, veteran status or familial status. hi the event of sale, lease or foreclosure of the property and/or the facilities developed with grant finds, the county will retain the option of right of first refusal to purchase/lease the properly/facilities at market value, less the amount of the grant. Alternatively, the county may choose to receive reimbursement for the grant monies provided. • Construction of soccer fields through matching grants to qualified organizations must be initiated within tluee (.3) years of the grant award. • The Orange County Recreation and Parlcs Department will work with the grant recipient in programming the field(s). Orange County will retain the right of final determination in this area. • Orange County will not be committed to fiu-ther capital expenditures in the event development is unsuccessful, damage occurs, or further improvements/phases aze desired. • Orange County will not be commnitted to ongoing maintenance/operational costs. B. Purchase of Land for Construction of Soccer Fields The Soccer Superfund may also be used to fund the acquisition of land(s), which will contain fields to be used exclusively for soccer, at the discretion of the Board of Commissioners and as funds are available. The Following criteria will be used to evaluate proposals for land acquisition projects, whether by County or by matching grant application. (Note: Matching grant proposals shall use the same application fornr as for facility development): 1. At least 67% of the total land area in the proposal must be used for soccer fields or other related facilities associated with the f elds 2. The compatibility of the proposed land acquisition with the Master Recreation and Parks Plan (Parks and Recreation Element of the Comprehensive Plan) 3. The proximity of the site to population centers and geographic location of other fields 4. Accessibility of the site for transportation purposes (including public transportation) 5. The impact of constnrction of fields on the proposed site on natural and cultural resources either present on site or within a reasonable proximity to the site ~s 6. Compatibility with existing zoning and other development regulations, and potential for site plan approval of freld construction 7. Potential for co-location with other public facilities under the management of Orange County Government. 8, Finite plans for development of fields through the matching grant program must accompany a land acquisition application.. Contractual lazrguage will stipulate that construction of fields must begin within tluee (3) years. C. Other Funding from the Soccer Superfund will be made available by the Board of Commissioners at their discretion as part of the amoral budget process. Approval of projects is contingent on availability of fiords. This policy shall be amended by the Board of County Conunissioners as needed. This, the 16th day of March, 2004 Revisions: WEST TEN SOCCER CENTER SUMMARY OF COMMENTS AND DISCUSSION From the July 21, 2004 Public Comment Session Present at the meeting were: Brian Oswald (Cedar ridge High School Coach), Clnis LaRocca (Orange High School Coach), Herrry Joluis (Mebane City Council), Dean Ray (Mebane Recreation and Parks Director), Chip Foushee (Mebane Youth Soccer Association), Artie Franklin (BOCC Candidate), Leigh Peek (Coleman, Gledhill, Hargrave and Peek), Roosevelt Carter (Citizen), Jonathan Coleman (News of Orange Comity), Geoffrey Graybeal (C.hapel Hill Herald) and Commissioner Barry .lacobs. Staff present were: Diarme Reid, Ardra Webster, Dan Derby, Lori Taft, Dave Stancil, Craig Benedict, David Hunt, Gwen Harvey, Rod Visser; Mike Harnrnersley (Consultant) Rod Visser started with introductions, Then he explained that the purpose of the meeting was to discuss the design of West-Ten Soccer Center adjacent to the new Orange County Middle School on West Ten Rd & I85. A Soccer S}nnposium was created 5 years ago, which brought together a group that produced a report, which recognized the severe shortage of soccer fields tluoughout Orange County. The desire was to develop additional soccer fields in Orange County which would increase access to soccer for both adults and children. The Soccer Symposimn had a lot to do with the Orange County Commissioners urcluding in the November 2001 Bond Referendum a proposal 2 million dollars that will be ear marked for what is referred to as The Soccer Superfund which is to be used to acquire land and build fields. Various pazks & recreation staff, elected officials, and advisory boards came together in 1999-2000 to work on a number of issues related to recreation, including increasing soccer fields, In the past few years a number of things have been done to increase the number of fields.. A few examples would be the sower field at Efland Cheeks and also the field at Scroggs Elementazy. There are also plans to include 3 or 4 Fields at Twin Creeks and also 3 or more fields at Southern Comnnmity Park, The other major thing that lead us to where we are tonight was the decision by the Orange County Board of Education to build its next middle school on a portion of 100-acre of land between West Ten Rd.& I85 on the west end of Orange County. The Board only needs 67-acres to build the school which leaves .33-acres, also known as the Euliss Property, available for some other use, The land is marginally cleared and very flat. The purpose of this meeting tonight is to receive public input and have an open conversation in an informal way about what the public would like to see go into the design of this proposed "Soccer Center." Lori Taft spoke of visiting other soccer facilities, using Bryan Park as the main example, comnnuiicating with organizations that have built soccer fields to decide what would be ideal to fit in the 33-acres. She reviewed a list of parameters given to the design firm to included in the design. 1) six full-size soccer fields (.360 x 225) which is quite large, The thinking there is that maximum fields but could also be used for smaller fields, by turning them sideways and could then accommodate many more youth teams at the sane time. a-~ Possibly up to 12 youth fields within the 6 larger fields. The large size also gives more opportunity to move goals back and forth to take the wear away from one particular area or even diagonally to take in consideration the sunset 2) If 6 fields won't fit or if there is extra room, to include another smaller field for under 11 year olds..3) Asked for a championship field. 4) Irrigation tluoughout and to include water fountains. 5) Field lighting, and security lighting. 6) Perimeter fencing for security to control access and people using the field when they are not suppose to as well as to prevent "turfing" that tends to happen without that ltind of security. 7) Asked for a perimeter, walking track if at all passible so moms can walk while they wait. 8) Must include storm water drainage and erosion control as well as required landscaping. 9) Want full electric plumbing and water service, road access parking and hope it can be combined with the school itself. 10) A building for concession stands, restrooms, equipment room, a small office, team or meeting room of some sort, supply room, and an extended pad around the roof with picnic tables for storm shelter, first-aid station and referee station to be accommodated under that shelter, Mike will show that they have more than answered these requests. Rod Visser explained to the group the reason Mike's company was selected for the project.. They have very extensive experience over the past 12-15 years working with County Govenunent and Orange County Schools. School facilities include Pathways Elementary and Smith Middle School. They are currently under contract with School District to design the new Middle School. Rad spoke of the time line driving this project. The middle school is scheduled tobe completed by the summer 2006, We are trying to achieve an economy of scale to make both projects a little less expensive with shared development between the school azid the soccer center to hopefully save hundreds of thousands of dollars. The general approach in purchasing park land is statutorily, it is the Orange County Commissioners' responsibility, The Commissioners have been very active over the last few years trying to acquire either through outright purchase or ownership of space for active or low impact recreational activities. Henry .Iolms asked how we will get the money to provide the other things besides the land? Rod explained the Soccer Super Fund has about $2 million but the conunissioners have not decided how much will be used on the development of this site. Land was purchased at a little over $5 hundred thousand. Commissioners have other money set aside in a CIP (County Capital Investment Plan) 10 year program. We will need to look for additional funds. It seems we do not currently have all fluids needed to develop the site. Mike Hammersley from Corley, Redfoot, Zack showed an overview of the land tracts. Plans show the school and the soccer center working together to reduce costs by only creating one entrance, using the same contractor and building at the same time. The atnount of paved parking that the school will have plus paved bus parking, can be used by the soccer center. The school will have its own athletic stadium with a surrounding track, ~~ baseball/softball and practice fields on the backside of the school as part of their middle- school program.. Chip Foushee questioned whether the panting planned for the school would be enough to support the soccer center. He was concerned about the overlapping attendance and questioned whether existing paved pazking would be sufficient. Mike stated that there is plarmed overflow parking in the grass areas, Henry John asked: "How many soccer teams can one field acconunodate?" Lori Tall said it would depend on the age group, Adults would accormnodate 5 games 10 teams per° time slat for the complex. Kids would depend on the age group but at least 2 teams could practice on each field at one time. Cluis Larocca questioned what would happen if the Middle School has something going on at the sanle time? Lori spoke of arrangements to be made with the school system to share the fields. We will need to develop an agreement with the school district, Chip Foushee asked if the road would be widened to accorrunodate turning lanes. It is currently,just a two lane road. Rod spoke of the turn lanes shown on the proposed plan. Mike reviewed the layout of the plan, showing where everything will be built, and giving some dimensions. Henry .lolm asked: "What is the purpose of the fencing around the individual fields?" Mike answered: "To keep the balls within the field." Discussion followed, regarding paved parking. It was stated that there will be panting on the grass if needed. This would not be ideal for every day but would work for overflow parking on occasion.. If parking on grass leads to a problem, we could consider paving certain areas in the future. Henry John asked if the use of the soccer f elds would be year-round or seasonal? Lori spoke of seasonal use. Year-round use would not be possible if a stand of grass is to be maintained. Mike spoke of Carolina Green Company wonting on the project to advise us on the type of grass to be used. Brian Oswald suggested Bermuda grass with a mixture of winter rye. Rod spoke of the general time line: The targeted open day for the middle school is Summer 2006. The Soccer Center is wonting on the same schedule but it remains to be seen how much will get built in the next yeaz and how much will have to be phased a~- according to funds, The purpose of this meeting is to get input into what the design for the whole site should look like, Even if the complex is built over 5, 7, or 10 years or when the fiords are available, it's important to have the design ready, Milce will take tonight's input back to the shop, then to the County's Planning Deparhnent over the next month or so, then to the Commissioners and School Board. Arr agreement will need to be made between the School Board and County, where the Schools handle all the awarding of the bids. Chris Larocca talked about the positive impact soccer could have on community. He suggested au exit off of I-40 for easy access for future tournan~ents, He spoke of his opinions regarding the fields being of artificial turf for rain purposes and no fencing around the individual fields. Keep it an open friendly atmosphere. Bring in college teains to play on the championship field and charge admission, Discussion followed about the pros and cons of focusing on a championship field at the expense of youth fields. The general consensus was that youth fields should not be sacrificed for a larger area for a championship field. Chip Foushee spoke of the rapid growth in the Mebane area in youth soccer, Their program has over 400 children in it now. Rod asked how many are Mebane residents, unincorporated Alamance County residents, unincorporated Orange County residents? Dean Ray stated that 57% (over 250 kids) of the resources are from inside the city limits of Mebane.. More discussion followed regazding the parking area. Chip Foushee asked if there had been some resistance to spending money on this project? Rod said the main concern expressed by some people had been whether this is the right location for this facility, but he's not heard of any complaints about spending the budgeted money.. Lori said it's likely with the budget that the center won't be built all at one time but we still want to complete the design to see what it will look like in order to do the initial pre- grading or ear9ysite work where we can get it graded with the school's contracts for low- costpurposes, Mike said that one of the benefits of building beside the school is that the school will be bringing utilities, water, and sewer to the area, that the soccer center can tie in to. Discussion about lighting followed.. There should not be a problem with light spillage over any residences. Henry .Iolm said lots of fields are restricted to daylight because lights are expensive. Is this a big problem -leaving the fields unlit? Craig Benedict explained that 50 percent of games kids play, are in the evening, Monday through Friday. Diane Reid said when the soccer symposium was held, the biggest request was that the fields be lighted Chris LaRocca asked if clarification can be made as to why the building is at the north end and not centrally located. Mike explained because this is the high point of the site and we do have to get sanitary sewer to tie from the school to the pump station, We need the highest elevation that the site has to offer, to do this, so it has to be on the ridge Henry .John asked if we thought that the building is big enough, 2000 sq ft, is not lot of building for concession stands, restrooms, etc. Mike explained that 2000 sq ft is a pretty typical size building, referring to Bryazi Park's building. Daze Derby asked if there would he a press box and scoreboard at the championship field Mike replied we don't have that progranuned right now. Lori said the priority should be getting the kids on the field playing and if we need to add more parking, bigger concession stands, or add lights that can be done later. Maybe part of the intra-structure, plumbing, or wires can be run but we really need to get same f elds on the ground and that's why the Commissioners have asked us to work so quickly on this so we can get it going in line with the school project and maybe open by the summer of 2006 along with the school. Rod asked if there were any more quesfions Lori gave her contact number if anyone had further comments, questions, or concerns Rod adjourned the meeting. .3a THIS PAGF, INTF,NTIONALLYI,EFT BLANK ~3 Proposed West Ten Soccer Center for Orange County Efland, North Carolina