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HomeMy WebLinkAboutAgenda 12-04-23; 8-e - Orange County Waterstone EMS Station Memorandum of Understanding 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 4, 2023 Action Agenda Item No. 8-e SUBJECT: Orange County Waterstone EMS Station Memorandum of Understanding DEPARTMENT: Asset Management Services (AMS), Emergency Services, County Attorney ATTACHMENT(S): INFORMATION CONTACT: Orange County Waterstone Draft Angel Barnes, 919.245.2628 Memorandum of Understanding with Steven Arndt, 919.245.2658 Exhibit 1 — Portions of Building Kirby Saunders, 919.245.6123 Joseph Herrin, 919.245.2316 PURPOSE: To: 1) Approve a Memorandum of Understanding (MOU) for the Orange County Emergency Medical Station and Orange Rural Fire Department co-location Waterstone facility located at 350 College Park Road, Hillsborough; and 2) Authorize the County Manager to execute the MOU, subject to final review by the County Attorney, and any subsequent amendments on behalf of the Board. BACKGROUND: Over the past seven years, Orange Rural Fire Department (ORFD) and Orange County Emergency Services (OCES) have worked together to perform studies within the County to determine which locations currently need or will need additional services due to the growing population and demand. The studies showed there was a need for a Fire Station and Emergency Medical Services (EMS) station within the central part of Orange County. ORFD and OCES worked together to develop an agreement that would allow ORFD and OCES to build a new Fire Station and Emergency Medical Services (EMS) Station at 350 College Park Road, Hillsborough. The development agreement was approved by the BOCC and signed by all parties on December 15, 2021. The construction for the new fire station and EMS station was completed, and the building opened in June 2023. The development agreement terms are changing from a condominium arrangement that was originally approved and will now become a tenancy in common relationship. FINANCIAL IMPACT: There are no financial impacts associated with this item at this time. 2 SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes, and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental, and commercial operations or policies. ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal impacts are applicable to this item: • ENERGY EFFICIENCY AND WASTE REDUCTION Initiate policies and programs that: 1) conserve energy; 2) reduce resource consumption; 3) increase the use of recycled and renewable resources, and 4) minimize waste stream impacts on the environment. • RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY Assess and where possible mitigate adverse impacts created to the natural resources of the site and adjoining area. Minimize the production of greenhouse gases. RECOMMENDATION(S): The Manager recommends that the Board: 1) Approve a Memorandum of Understanding (MOU) for the Orange County Emergency Medical Station and Orange Rural Fire Department co-location Waterstone facility located at 350 College Park Road, Hillsborough; and 2) Authorize the County Manager to execute the MOU, subject to final review by the County Attorney, and any subsequent amendments on behalf of the Board. 3 MEMORANDUM OF UNDERSTANDING ("MOU") between Orange County and Orange Rural Fire Department I. PURPOSE AND SCOPE The purpose of this MOU is to clearly identify the roles and responsibilities of each parry as they relate to the development, administration of the use of that property located at 350 College Park Road, Hillsborough,NC, (sometimes referred to as the "Waterstone property") to be used by Orange County and Orange Rural Fire Department(or"ORFD") until a tenancy in common agreement can be developed and established. In particular, this MOU is intended to: 1.) Temporarily define and delineate roles and responsibilities of each party use of the facility located at 350 College Park Road, Hillsborough, NC until a tenancy in common agreement is established. 2.) Temporarily outline communication, financial, and other expectations of the parties until a tenancy in common agreement is established. II. PARTIES The parties to this Memorandum of Understanding are: Orange County("the County") and Orange Rural Fire Department("ORFD"). III. BACKGROUND ORFD owns a tract of approximately 2 acres located within the Waterstone development. ORFD acquired this property in a deed of gift from the Town of Hillsborough on June 29, 2021. The deed is recorded in Book 6738, Page 676, Orange County NC Registry and has an address of 350 College Park Drive, Hillsborough, NC. This is known as "the Waterstone property." At the October 19, 2021, Orange County Board of County Commissioners meeting,the Board agreed to approve a Development Agreement between ORFD and Orange County regarding the Waterstone property. Under the terms of the Development Agreement, including,but not limited to those provisions of Article III, K of the Development Agreement, "upon completion of the construction the building and parking areas shall be converted to condominium ownership."(Emphasis added.) The project is complete, and, on consideration, the parties have mutually determined that they would prefer a tenancy in common form of ownership to a condominium. 4 Further, under the terms of the Development Agreement, ORFD and Orange County would jointly cause the construction of a building on the site. The amounts of contribution from each depended upon the type of activity involved. Design Fees and site preparation were to be shared on a 50/50 basis, while when it comes to actual building construction, ORFD was to pay 58% and Orange County 42%. These percentages are based upon the percentage of square footage each would occupy. (See Article IV of Development Agreement) The total County Expenditures as of -are and those of ORFD are for a total expenditure of as of IV. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1.) Action Items: a. Amend Development Agreement to contemplate tenancy in common in lieu of condominium; b. Adopt a Tenancy in Common Agreement consistent with this MOU; c. Convey land from ORFD to County and ORFD in 58%/42% shares. 2.) County shall have unlimited access to that portion of the building shown on those sections marked on Exhibit 1 denoted as "Orange County EMS." 3.) ORFD shall have unlimited access to that portion of the building shown on those sections marked on Exhibit 1 denoted as "ORFD." 4.) Both County and ORFD shall have unlimited joint access to that portion known as the "bay area" along with the weight room area and grilling area marked on Exhibit 1. 5.) The parties acknowledge that the "bay area" is divided in half by a concrete pour line, which splits the bay area in half. Notwithstanding the provisions of the preceding paragraph each parry shall have the right of first refusal to use that half of the bay closest to its respective building access, that half being determined by the pour line. 6.) Both County and ORFD shall be responsible for any utilities associated with its respective areas. 7.) The cost for utilities for the area designed as the "bay area" shall be billed as metered. 8.) Maintenance of the exterior of the building, including any landscaping, remedial work, repairs, warranty work, or any work whatsoever, shall be the responsibility of ORFD who shall have sole control and discretion and in the work to be performed and costs of the same Each party shall be responsible for'/2 of the costs associated with the same. Upon submission of an invoice showing the total spent by ORFD for any amounts incurred under this section, County, shall submit to ORFD, a check for reimbursement for the same within 30 days after presentation. 9.) Maintenance of the bay area of the building, shall be the responsibility of each party with regard to each party's half of the bay area. To the extent that maintenance is required or appropriate for the entire bay area (for example, resealing the entire floor), ORFD shall perform this maintenance and each party 5 shall be responsible for '/Z of the costs associated with the same. Upon submission of an invoice showing the total spent by ORFD or any amounts incurred for maintenance of the entire bay area under this section, ORFD, shall submit to County, a check for reimbursement for the same within 30 days after presentation. 10.) The parties shall be responsible for any work to be performed and any costs associated with the same, in its respective areas in those sections described in Paragraphs 1 and 2. 11.) With regard to casualty insurance, and material damage or destruction of the building: a. Both parties are insured owners pursuant to a single policy, and agree to maintain casualty insurance for the replacement cost of the structure and liability insurance for $1 M/$2M. b. Cost of insurance born by owners based on their respective ownership share, with each parry to pay the insurer directly. c. In the event of damage or loss i. the party whose side of the building is damaged is responsible for the uninsured costs (deductible, and any overage); and ii. each party is responsible for restoration d. In the event of a catastrophic or total loss, the parties to mutually agree to either: (i)rebuild, sharing the uninsured costs based on ownership shares, or(ii) distribute the insurance proceed and sell the land based on respective ownership interests. 12.) The terms of this MOU shall begin on the date of execution, and expire upon establishment of the tenancy in common agreement relative to this project. 13.) Neither ORFD nor County shall be liable to the other for any property damage sustained by the other, personal injury to the other or to its officers, agents and employees, irrespective of how such injury or damage may be caused, whether from action of the elements or acts of negligence of the occupants of adjacent properties, or any other persons; provided that nothing contained herein shall relieve either ORFD or the County of the consequences of its own negligence to the extent provided by law. 14.) Employees of both the County and ORFD acknowledge that they shall not be agents employees of the other entity when responding to an incident pursuant to this Memorandum of Understanding. 15.) ORFD and the County shall be responsible for payment of workers' compensation benefits only to their own respective employees. 16.) The Parties shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discriminations laws,policies, rules. 17.) Modification of this MOU must be in writing and approved by both parties. 18.) This MOU and any exhibits and amendments attached hereto and any documents incorporated specifically by reference represent the entire 6 agreement between the parties and supersede all prior oral and written statements or agreements. Parties indicate agreement with this MOU by their signatures: ORANGE COUNTY EMS ORANGE RURAL FIRE DEPARTMENT By: By: Name: Name: Title: Title: Date: Date: ND:4868-0792-0767, v. 3 7 EXHIBIT 1 DETAILS AND NOTES Pp1656 CCHI® I ° KaPm RffNE I.E © ( \ I �I \ •�!" �, - - ❑i "° I I I _ _ M M�;T> I — o� `�� D AoN ` �FIRE EXTINGDISHER I oxa I 1 s =r-0 MITcxENI I® I I I I — - x 2.MEZZANINE F F LIFE SAFETY l / o / I Red Line=Orange Rural Fire Department portion N s s r "°' s�EP xooN Blue Line=Orange County EMS Portion go r © s — Green=Joint Access Areas o�x 119 j I I I sEo: oia I I nTrsx a LO an `" sPEcs E b I L OPEN NI 11 — I a w wu rPP. t �_-- ° L--- -------J ss EE,Aa7PTINo1 ` gq m xCJ o `U I al ® I ti FIRE EXTINGUISHER CABINET / wu�Tr LJ MEEX" / Nu wuL / LEGEND CON-UE GYP,BD, Z 0 wxT IA R N«EaxoTE Gelry ® ,x °.TEEBT:-1.Ax, n 1./B'FIRFlow-LIFE SAFETY suwcwwownxe uocnTroxs ¢ 1 =ish1'-0" � suxr�EmcuxTEo © � a vlxr.exnrvcuisxex CPLAN DETAIL C<A IT 121 REcx a nn W R /4"=1'- fR` ' sxeET,iojlsr� mo,oE �W LEGEND ER zT o„.Rww,F a,„RTo LEGEND W FxRxE„.Ea.Pxo.E x„_ET„IE s w'k,sxloxTo �,_�I E� R 'H TXD E.Tlx.,lsxE„'Y” „.RR„o „1.10