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HomeMy WebLinkAbout2006 ERCD - Durham, Chapel Hill interlocal Agreement for Hollow Rock Area of New Hope PreserveP~ ~ ~ ~/~lb ~~ a6l~ -C INTERLOCAL COOPERATION AGREEMENT FOR THE ACQUISITION, PLANNING AND OPERATION OF THE HOLLOW ROCK PORTION OF THE NEW HOPE CREEK PLAN BY AND AMONG THE COUNTY OF DURHAM, THE CITY OF DURHAM, THE COUNTY OF ORANGE AND THE TOWN OF CHAPEL HILL THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into this the 25th day of September, 2006, by and among the COUNTY of DURHAM, a political subdivision of the State of North Carolina, hereinafter referred to as "Durham County", the CITY of DURHAM, a North Carolina municipal corporation, hereinafter referred to as "City of Durham", the TOWN of CHAPEL HILL, a North Carolina municipal corporation, hereinafter referred to as "Chapel Hill", and the COUNTY of ORANGE, a political subdivision of the State of North Carolina, hereinafter referred to as "Orange County"; collectively referred to as "Parties". This Agreement is made as an Interlocal Cooperation Agreement pursuant to Part I, Article 20 of Chapter 160A of the General Statutes of North Carolina. WITNESSETH: WHEREAS, Duke University ("Duke") owns a 42.8 acre tract of land lying and being in Durham and Orange Counties neaz the intersection of Erwin Road and Pickett Road available for development ("Property") further described as all that certain parcel of land located in Durham and Orange Counties, North Cazolina, owned by Duke University and shown by plat entitled "The Preserve at Erwin Trace" prepared by Triangle Surveyors, dated August 25, 2004; and WHEREAS, Crosland Inc, a development firm, contracted with Duke to purchase the Property for residential development; and WHEREAS, overwhelming and significant community commitment to save this Property for open space purposes led to a grass roots effort to preserve the Property for open space and park purposes; and WHEREAS, in keeping with the surrounding jurisdiction's interest in protection of the New Hope Creek Corridor, Durham County placed a reservation on the Property to evaluate and determine the value and interest the Property has to the surrounding jurisdictions; and WHEREAS, the Property is adjacent to additional lands being acquired for open space protection purposes, including 23 acres owned by the Penny family (currently under option to purchase by the Triangle Land Conservancy, referred to as the `Penny Tract'), 7 acres owned by Orange County, 2 acres owned by the Triangle Land Conservancy and additional Penny lands pledged for conservation easements, all shown on the map attached hereto and incorporated herein, entitled Attachment 1; and lofll WHEREAS, Durham County, Orange County, the City of Durham, and Chapel Hill have, by resolution, committed to participate in the cost of acquiring the Property in order to assure that the Property is preserved for open space and low-impact recreational public use; and WHEREAS, based on the commitments received by the surrounding jurisdictions and the community contributions, Durham County has entered into a Contract to Purchase to acquire the Property from Duke University and preserve the Property for open space and low-impact recreational use; and WHEREAS, the parties agree that there is a benefit derived from mutual planning for the uses of the Property and the Hollow Rock Access area generally described in component 4 of the New Hope Creek Open Space Master Plan; and WHEREAS, the County of Durham applied for and has been awarded a Clean Water Management Trust Fund Grant in the amount of $1,112,000 dollars towards the acquisition of the Penny Tract and acquisition of the Property which amount shall be distributed among the participating jurisdictions in the manner described herein; and WHEREAS, the parties hereto desire to enter into this Interlocal Cooperation Agreement to set forth their respective participation, obligations and rights related to the acquisition and development of the Property and the surrounding open space areas. NOW, THEREFORE, for and in consideration of their mutual promises, Durham County, Orange County, Chapel Hill and the City of Durham hereby agree as follows: 1. Puruose. The purpose of this Agreement is to set forth the undertakings of the parties hereto with regard to their respective contributions, obligations, and participation in the multi- jurisdictional purchase and operation of the Property as well as to establish a Park Planning Advisory Committee to develop recommendations for an overall plan for the Property and adjoining- properties in the Hollow Rock area, including the obligations of Orange County and Durham County as they relate to the Penny Tract. 2. Contract to Purchase. Durham County has entered into a Contract with Duke to Purchase the Property for $1,500,000. Pursuant to the Contract to Purchase, Durham County is obligated to pay to Duke $500,000 on or before July 15, 2005. The remaining $1,000,000 is due at closing which will be on or before April 8, 2008. The Contract to Purchase is incorporated herein by reference to it. A Memorandum of Contract has been recorded in the Durham County Register of Deeds Office at Book 4781 page 648 and the Orange County Register of Deeds Office at Book 374 page 550. 3. Financial Contributions toward the Acauisition. A. Durham County. Durham County agrees to provide the following financial contribution toward the acquisition of the Property: 2of11 $500,000, pursuant to the terms and conditions of the Contract to Purchase, which was paid to Duke on or about July 15, 2005; and $1,000,000 paid to Duke, pursuant to the terms and conditions of the Contract to Purchase, on or before April 8, 2008, plus closing costs. Durham County's financial contributions shall be off-set by grant funds and other contributions as set forth in paragraph 4 below. B. The City of Durham's Contribution. The City of Durham agrees to provide the following financial contribution to Durham County towards the Acquisition: $75,000 paid to Durham County in three payments. It is hereby acknowledged that the County of Durham has received a payment in the amount of $35,000 from the City of Durham towards the City's total contribution for the acquisition, and that the City has a remaining contribution amount of $40,000 as of the date of this Agreement. This remaining contribution amount shall be paid, if still owed, after the County has received the grant funds described in paragraph 4 below. The City of Durham's financial contributions shall be off-set by grant funds as set forth in paragraph 4 below and reimbursement shall be made to the City if grant funds exceed the amount the City owes, as further set forth in Paragraph 4 below. C. Chapel Hill's Contribution. Chapel Hill agrees to provide the following financial contribution to Durham County towards the Acquisition: $100,000 paid to Durham County in three equal payments of $33,333.33. It is hereby acknowledged that the County of Durham has received a payment in the amount of $33,333.33 from Chapel Hill towards the Town's total contribution for the acquisition, and that Chapel Hill has a remaining contribution amount of $66,666.66 as of the date of this Agreement of which $33,333.33 shall be paid before August 1, 2006 and $33,333.33 before August 1, 2007. Chapel Hill's financial contributions shall be off-set by grant funds as set forth in paragraph 4 below. D. Orange County's Contribution. Orange County agrees to provide the following financial contribution to Durham County towards the Acquisition: $200,000 paid to Durham County in three equal payments of $66,666.66. It is hereby acknowledged that the County of Durham has received a payment in the amount of $66,666.66 from Orange County towards their total contribution for the acquisition. The remaining $133,333.33 shall be paid in payments of $66,666.66 on or before each August 1~ thereafter with the last payment being made on or before August 1, 2007. 3of11 Orange County's financial contributions shall be off-set by grant funds as set forth in paragraph 4 below. 4. Private Contributions and Grant Funds. A. Private Contributions. 1. The Erwin Area Neighborhood Group ("EANG"), anon-partisan community action group of persons from more than 40 neighborhoods, has contributed $200,000 towards the purchase price of the Property. The parties acknowledge and agree that the $200,000 contributed by EANG shall be distributed solely to Durham County to further off-set Durham County's financial contribution. 2. TLC has also promised to contribute $25,000 to Durham County towards the acquisition of the Property on or before July 30, 2006. The parties acknowledge and agree that the funds collected by TLC shall be distributed solely to Durham County to further off-set Durham County's financial contribution. B. Open Space Grants. Durham County applied for, with the aid of the other parties, a Clean Water Management Trust Fund Grant ("Grant Funds") to off-set the financial contributions made by the governing bodies towards the acquisition of the Property. Notification of an award in the amount of $1,112,000 was received by Durham County from CWMTF by letter dated November 30, 2005; however, Grant Funds are not obligated until a Grant Agreement is executed between Durham County and CWMTF. The Grant Funds are. conditioned upon the donation of additional conservation easements on Penny lands as further discussed in 6.A below. The parties agree to the following distribution of Grant Funds to off-set each party's financial contributions towards the acquisition: The first $500,000 shall be used to off-set Durham County's contribution to the purchase of the Property. The remaining $500,000 of Grant Funds to be received for the purchase of the Property shall be used to off-set the agreed-upon financial contributions of all four participating governments on a pro-rata basis based on the total amount of the un-reimbursed contribution by each governmental unit, thus, each governing unit's total financial contribution will be reduced to the following amounts: • Durham County - 52.5% contribution equals $151,643 • City ofDurham - 9.5% contribution equals $27,471 • Chapel Hill -12.7% contribution equals $36,629 • Orange County - 25.3% contribution equals $73,257 The remaining $112,000 shall be utilized solely to reimburse Orange County for expenses related to the acquisition of the Penny Tract, as described further in 6C, below. TLC has also sought other sources of funding for this Tract and in the event other sources are used, the $112,000, or any part thereof, may not be necessary and shall not be 4of11 utilized. Durham County will enter into a Crrant Agreement which dictates the amount of the Grant Funds awarded from Clean Water Management Trust Fund Grant (CWMTF) and any conditions of said Grant. The distribution of Grant Funds shall be subject to the Grant between Durham County and CWMTF, all Grant Funds shall be utilized pursuant to the Grant. 5. Distribution and Ownershia of Proaerty. Pursuant to the Contract to Purchase, the Property will be conveyed to Durham County upon closing. Immediately following the closing between Durham County and Duke, Durham County agrees to convey, by Special Warranty Deed, subject to section 7 below, portions of the Property as follows: A. To Orange County: the 11 acres lying and being in Orange County. B. To Chapel Hill: 2 acres which is proportionate to Chapel Hill's financial contribution to Durham County of $100,000 calculated at $49,984 per acre, the appraised value of the portion of the Property lying in Durham County, opined by Smith And Whitfield, Inc. on March 24, 2005. Chapel Hill's portion shall be subdivided from Durham County's parcel at the approximate location indicated on Attachment 1. Each governing body holding ownership to the Property shall be liable for and shall maintain the property in the manner consistent with the purpose of the conveyance unless otherwise agreed. 6. The Penny Tract and Conservation Easements. A. The Penny family has pledged to grant a conservation easement to Durham and Orange Counties on additional land adjacent to the Penny Tract and the Property (hereinafter the "Penny Conservation Easement") at no cost to the Counties. Pursuant to the Grant Agreement, the Grant Funds are contingent upon the conveyance of the Penny Conservation Easement(s). The portion of the Penny Conservation Easement within Durham County will be owned and managed by Durham County and the portion of the Penny Conservation Easement within Orange County will be owned and managed by Orange County. B. Orange County and Durham County shall cooperate to determine the boundaries of the Penny Conservation Easement as it crosses the county lines. The Penny Conservation Easement maybe conveyed by the Penny family to Durham and Orange counties either as one easement or two. C. The Penny Tract consists of 23 acres of land within Orange County owned by Wade and Carolyn Penny abutting New Hope Creek. TLC has exercised its option to purchase the Penny Tract and has agreed to sell it to Orange County who will then own and manage it. 7. Master Park Planning. Chapel Hill, Durham County, the City of Durham and Orange County hereby jointly establish a Park Planning Advisory Committee ("Committee") for the Property and Sofll surrounding area. The purpose of the Committee is to develop recommendations for an overall plan for the Property and adjoining properties that comprise the Hollow Rock/ Erwin Area portion of the New Hope Plan. The plan should include overall recommended uses and generalized locations for the proposed uses. The recommendations of the Committee will be presented to the public and approved by the participating governing bodies. A. Membershia. The Committee shall consist of eleven (11) members appointed as follows: 1. Four (4) members shall be appointed by the Durham County Board of Commissioners. 2. Four (4) members shall be appointed by the Orange County Board of Commissioners. 3. Two (2) members shall be appointed by the Chapel Hill Town Council. 4. One (1) member shall be appointed by the City of Durham. Members shall reside within the jurisdiction of the appointing authority. Attempts shall also be made to assure that the appointments represent a cross section of the community. All members shall have equal rights regardless of whether the matters at issue are located inside or outside the member's jurisdiction. The Committee may recommend to the governing bodies individuals for appointment to the Committee upon vacancies. B. Qualifications. Members shall meet those general qualifications specified by the appointing body, which are requirements for all individuals serving on a governmental board or commission. C. Organization and Meetings. The parties shall mutually agree on a time for the Committee to begin meeting. The Committee shall elect a Chair and Vice-Chair at its first meeting. The Committee may adopt any operating rules to govern its meetings it so chooses. The Committee will meet as necessary until the Committee's objectives as defined herein have been satisfied. D. Charge. The Committee will have the following responsibilities: 1. To develop recommendations of uses to be allowed within different areas of the Hollow Rock Access area. 2. To develop recommendations of facilities to be available within different areas of the Hollow Rock Access area and proposed locations for said facilities. 3. To provide suggestions on priority phasing for recommended facilities. 4. To hold public input meetings on the recommended uses and facilities. E. Compensation. Members of the Committee shall serve without pay. 8. Use of the Property. The parties agree that the Property shall be acquired and subsequently subdivided in the manner set forth in this Agreement for the following purposes only: 6of11 A. The Property shall be maintained in a natural scenic condition and restricted from any development or use that would impair or interfere with the conservation purposes of the Property. The following uses are specifically declared to be consistent with the conservation purposes of the Property: open space,. walking trails, parking, restroom facilities, environmental or scientific projects or studies, and other similar low-impact activities. B. The Property shall be open to the public (including but not limited to citizens of all the parties to this Agreement) during daytime hours subject to reasonable rules and regulations of the owner of the Property and any public use and access restrictions contained in the Grant Agreement or subsequent conservation easements that may be placed on the Property or portions thereof. C. If necessary to qualify for state or federal grants, the Property may be subject to further restrictions as to use. 9. Governing Law. This Agreement shall be governed by and in accordance with the laws of the State of North Carolina. 10. Term. The term of this agreement shall be from the date first written above and shall terminate ten (10) years from the date set forth above, unless otherwise terminated or extended upon mutual agreement of all parties, which agreement shall be made in writing and executed with the same formality as this Agreement. Notwithstanding the foregoing, any one party may terminate its participation under this Agreement by providing written notice to the other parties so long as the terminating party has no executable obligations remaining hereunder following the effective date of termination. 11. Aaaointment of Personnel. Each party's respective Manager shall designate the persons to carry out the obligations of that party under this Agreement. 12. Amendments. This Agreement maybe amended at any time by execution by all parties of a written agreement. 13. Entire Agreement. This Agreement together with the agreements referenced in this Agreement, shall constitute the entire understanding between the parties and shall supersede all prior understandings and agreements relating to the subject matter hereof and maybe amended only by written mutual agreement of the parties. 14. Headings. The subject headings of the paragraphs are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. This Agreement shall be deemed to have been drafted by all parties and no purposes of interpretation shall be made to the contrary. 7of11 INTERLOCAL COOPERATION AGREEMENT FOR THE ACQUISITION, PLANNING AND OPERATION OF THE HOLLOW ROCK PORTION OF THE NEW HOPE CREEK PLAN BY AND AMONG THE COUNTY OF DURHAM, THE CITY OF DURHAM, THE COUNTY OF ORANGE AND THE TOWN OF CHAPEL HILL IN WITNESS WHEREOF, the parties hereto have authorized this Agreement to be executed by their undersigned officers, to be effective from and after the date first written above. SIGNATURE BY DURHAM COUNTY: ATTEST: FOR THE COUNTY OF DURHAM !/dnaC ~ C' . ~~e~. rn-~...~ Vonda C. Sessoms Clerk to the Board By ichael M. uffin, County anager This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. i Durha Finance Officer 8of11 INTERLOCAL COOPERATION AGREEMENT FOR THE ACQUISITION, PLANNING AND OPERATION OF THE HOLLOW ROCK PORTION OF THE NEW HOPE CREEK PLAN BY AND AMONG THE COUNTY OF DURHAM, THE CITY OF DURHAM, THE COUNTY OF ORANGE AND THE TOWN OF CHAPEL HILL SIGNATURE BY CITE OF DURHAM: - ~ ., .. P.~~ _ ATTEST: ' "~;, ~'` s . Ann Gray, City Cl c ' FOR THE CITY OF DURHAM r ~i1i Patrick Baker, ty Man ger f~ This instrument has b re-audited in the manner required by the Lo,~al Gp~~~r'n~~;Yit Budget and Fiscal Control Act. ~-r~~ 16~~0% G, of Durham Finance Officer 9of11 INTERLOCAL COOPERATION AGREEMENT FOR THE ACQUISITION, PLANNING AND OPERATION OF THE HOLLOW ROCK PORTION OF THE NEW HOPE CREEK PLAN BY AND AMONG THE COUNTY OF DURHAM, THE CITY OF DURHAM, THE COUNTY OF ORANGE AND THE TOWN OF CHAPEL HILL SIGNATURE BY ORANGE CO ... .~-,~ a' _ ATTEST: u ~ ~ ~i Donna S. Baker Clerk to the Board FOR ORANGE COUNTY This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ~~~ r Orange County Finance Officer 10 of 11 INTERLOCAL COOPERATION AGREEMENT FOR THE ACQUISITION, PLANNING AND OPERATION OF THE HOLLOW ROCK PORTION OF THE NEW HOPE CREEK PLAN BY AND AMONG THE COUNTY OF DURHAM, THE CITY OF DURHAM, THE COUNTY OF ORANGE AND THE TOWN OF CHAPEL HILL SIGNATURE BY TOWN OF CHAPEL HILL: FOR THE TOWN OF CHAPEL HILL ATTEST: 'i0 W/~ O .o ~~ Sabrina Oliver, Tow y Ro r L. tancil, Town Manager '4pFt H1L~' This instrument has been pr - m the manner required by the Local Government Budget and Fiscal Control Act. Town of hapel Hill Finance Officer 11 of 11 Glrang~-~ Durham - ~°un duke qc -- quisition Qrange ~°. Pr°P°secl F Chapel t-1i11°r Pr°Posed Penny Easement