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HomeMy WebLinkAboutAgenda - 06-02-2004-5eORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 2, 2004 Action Agenda Item No. 5-g, SUBJECT: Smith Middle School -Development and Joint Use Agreement Amendment and Authorization to Contract for Field Lighting Design DEPARTMENT: Recreation and Parks PUBLIC HEARING: (Y/N) No ERGD ATTACHMENT(S): Development and Joint Use Agreement (2/20/01) Proposed Amendment INFORMATION CONTACT: Lori N. Taft, ext 2660 David Stancil, ext 2590 Pam Jones ext 2652 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider an amendment to the current Development and .Joint Use Agreement to allow Orange County to contract for the installation of athletic field lighting on Smith Middle School Soccer Fields 3a and 3b without further encumbering the County to be fiscally responsible far routine maintenance, repair and utility casts associated with field lighting, and to request authorization for staff to retain the services of a design firm specializing in Athletic Field Lighting required for the proposed project, BACKGROUND: The 2001 bond specifically allocated funding in the amount of $250,000 for lighting of the soccer fields at Smith Middle School, The 2001 Development and Joint Use Agreement between the Chapel Hill/Carrboro Board of Education, the Town of Carrboro and Orange County allows for lighted use of these fields, but it stipulates that "The party or parties installing lights at the Field(s) shall be responsible for the maintenance and upkeep of the system," The agreement does provide for the possibility of amendments, Staff has considered language changes to the document and has tentatively agreed to the attached amendment pending the consideration by the elected boards of all three parties, Staff has conducted preliminary discussions with lighting contractors in order to determine potential design approaches and construction casts. The Board is requested to authorize staff to select a consultant to design the lighting system and to prepare construction documents from which bids will be solicited, FINANCIAL IMPACT: Funding for this project in the amount of $250,000 has been allocated in 2001 voter approved bond funds, RECOMMENDATION(S): The Manager recommends that the Baard adopt the proposed amendment to the agreement and authorize staff to contract with an Athletic Field Lighting Design firm and authorize the Manager to execute the resulting contract (est. $15,000) as prepared by staff and approved by the County Attorney. 3 Version approved by Orange County Comnvssioners on ?20/01 STATE OF NORTH CAROLINA DEVELOPMENT ANA JOINT iJSE AGREEMENT COUNTY OF ORANGE RETURN THIS COPY TD THE CLERK'S OFFICE FDR THE PERMANENT AGENDA FILE /3euer(y g(y~e's copy THIS AGREEMENT, made and entered into by and between the Town of Carrhoro, North Carolina, a Nortlr Carolina nnuricipal corporation, 301 West Main Street, Carrhoro, North Carolina 27510 (hereinafter referred to as the "Town"), the County of Oranga, a North Carolina municipal corporation, 200 S Cameron Street, Hillsborough, North Carolina 27278 (hereinafter referred fo as the "Cotmty"), and the Chapel Hill-Carrhoro City Board of Education, a school administrative unit tinder the laws of the State of North Carolina, Lincoln Center, 750 S Merritt Mill Road, Chapel Hill, North Carolina 27516 (hereinafter referred to as the "Board of Education"), for the joint use and maintenance of facilities to he built by the Board of Education on property leased by the County, hereinafter refeued to as the "R D and Euzelle P Smith Middle School" (the "School Site"). WITNESSETH WHEREAS, the parties to this Agreement are public bodies, politic and corporate, under the laws of the State of North Carolina; and WHEREAS, the parties are vested with the power and authority to own and improve real estate for recreational and other puhlic purposes; and WHEREAS, the Board of Education is in the process of finalizing plans for the construction of the Smith Middle School and appurtenant recreational fields on the School Site; and WHEREAS, the Board of Education, the County and the Town recognize that there may be mutual benefits and cost savings associated with a cooperative effort to develop recreational facilities for shared use; and WHEREAS, the pazrties recognize the nnrtual benefit in the Town's acting as lead entity for pro,grarnming of such facilities during non-school hours and for conununicating with the Board of Education and County regarding that programming; and WHEREAS, the Board of Education, the County and the Town have consulted each other and have determined that their respective interests may be furthered if an additional recreational Feld and related amenities for joint use are developed at the School Site contemporaneously with the construction of the Smith Middle School; and WHEREAS, the Board of Education, the County and the Town have recognized the need for additional public athletic fields, and particularly soccer fields, that can be made available for governmental and private organizations to program and expand recreational opporhrnities in the area; and WHEREAS, the Board of Education, the Cowrty and the Town agree that conmlunity use of the recreational fields and parking lots at the Chapel Hill High School, Seawell Elementary School and Smith Middle School would Uenefit the citizens of Carrboro arrd Orange County; and WHEREAS, the laws of the State of North Carolina provide that the parties hereto may contract and agree, each with the other, for the joint use of facilities for the stated public purposes; and WHEREAS, in furtherance of the aforesaid, the parties hereto do propose to contract and agree for a period of thirty (30) years, to jointly use and mutually operate recreational fields and appurtenant facilities all of which are to be conshucted by the Board of Education on the School Site; and WHEREAS, the implementation of this Agreement would fidfill substantial Board of Education, County and Town needs, and be of significant mutual benefit to the parties hereto, and to the public generally; 5 WHEREAS, it is understood by the parties that the land on which the specific fields referred to herein ace to be located is owned by the Lniversity of North Carolina at Chapel Hill and is State property, that the land on which the fields referred to herein are to be located is leased to the Orange County Conunissioners for the specific purpose of providing additional land for the School Site, and that all agreements between the parties wil] be subject to the underlying lease agreements and rights of the State of North Cazolina and the University of North Carolina at Chapel Hill but in no event shall the County's and the Town's access to the soccer field identified as Field 3b in this Agreement, once constnrcted, be denied or limited during the term of this Agreement; and WHEREAS, the Board of Education has or expects to have control of land currently owned by the University of North Carolina at Chapel Hill which is to be leased to the Orange County Commissioners for use by the Chapel Hill-Carrboro City Schools, and has represented that the ]easing arrangement has been approved by the Board of Trustees of the Tniversity of North Carolina at Chapel Hill and currently awaits approval by the Council of State, that the plan to construct new recreational and athletic fields on fhe property which will be the subject of the lease, and that the development of the fields referred to herein is specifically conditioned upon the final execution and approval of that lease by the Council of State, the University of North Carolina at Chapel Hill, the Orange County Commissioners, and the Chapel Hill-Canboro City Board of Education. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 3 1 Construction of An Additional Recreational Field by the Board of Education: The Board of Education plans to improve existing recreational and athletic fields and to construct new fields at the Smith Middle School site.. By this Agreement, the Board of Education agrees to constuct an additional recreational field on a portion of the Smith Middle Schoo] site, which is situated in the Town of Canboro. The additional recreational field and the general location at the site of all planned fields are more particularly depicted as fields nwnbered 1, 3a, 3b, and 4 on the Overall Site Plan aimexed to this Agreement as Schedule A The additional field is specifically one of the two soccer fields and is identified on Schedule A as Field 3b. Subject to and contingent on the Board of Education obtaining such governmental approvals, permits, and finding as may be required by applicable state and local laws and ordinances for the construction of the recreational fields, the recreational fields which are the subject of the Agreement (collectively referred to herein as the "Fields") are asoftball/baseball field (Schedule A, Field 1), two soccer/practice fields (Schedule A, Fields 3a and 36) and six (6) tennis courts (Schedule A, Field ~1) It is the intention of the Board of Education to complete construction of the Fields and begin use thereof at the earliest possible time. Irr this connection, irrigation systems arrd sod are plam~ed for installation on recreational Fields 1 and 3a. The Board of Education agrees to install an irrigation system and sod on Field 3b, the cost of such installation to be paid by the Board of Education. In consideration for these improvements, Field 36 will be available for use by the Board of Education during all days that school is in session until the end of the regular school day. the parties agree that Field .36 shall be available for Town and Comity use commencing at 4:00 p.m. on days that school is in session. 4 (a) Lights for Evening Programs: The parties hereto, either jointly or, if one of them decides to do so, independently, may purchase and install conduits and/or lights at any Field or Fields either during the initial field construction or anytime in the future. (b) Miscellaneous Amenities: The Board of Education will provide a backstop, dugout area and bench, and perimeter fence for the softball baseball field (Schedule A, Field 1), a scoreboard and two professional quality soccer goals for each of the soccer fields (Schedule A, Fields 3a and 3b), sufficient bench space to seat two fiill soccer teams at each of the soccer fields (Schedule A, Fields 3a and 3b), a minimum of four (4) trash receptacles, and toilet facilities. The Board of Education will seek donations of azr electronically operated scoreboard from a private third party. Provided, however, that if the Board of Education camrot f nd such a third party to donate an electronically operated scoreboard, the Board of Education is under no obligation to provide an electronically operated scoreboard 2. Payrnent of County and Town Contributions to Construction Costs- Upon the completion of the construction work and installation of amenities described above in accordance with a Conditional Use Permit to be reviewed by the Town for this project, the County and the Town will each pay to the Board of Education the sum of Seventy-Five Thousand 075,000) Dollars, for a combined total contribution of One Hundred Fifty Thousand Dollars ($15Q000), said sum to be applied to the cost of the conshuctiorr of Field 3b by the Board of Education at the SclrooI Site. 3 Joint Use Of Recreational Fields: The Board of Education agrees that the Town and the County shall have the right to use Field 3b at all times when school is not in session Additiona]ly, the Town and the County may use Fields 1, 3a, and 4 when said Fields are not in use by the Board of Education, in accordance with the Board of Education's general policy and 5 8 procedure for use of school Facilities by non-school entities in effect at the time of the proposed use of the Fields The parties understand and agree that the Town and the County will work together to coordinate programming of the use of the Fields when school is not in session and that the Town will be the lead entity for programming such use and conununicating with the Board of Education regarding the same. The Board of Education, the County and the Town wit] matte the soccer fields available for use nn a Pall weekend each year for a conmwnity festival for the Hispanic population, provided that the event be scheduled at least sixty (60) days in advance to allow for program plamring by the Town, and the County. Minor alterations in the schedule for use of the Fields Use may be made, from time to time, by representatives of the parties without formal approval of the parties as long as such alterations and the name of the representative authorizing such alterations are documented in writing. 4 Utilities, Maintenance and Upkeep The Board of Education shall be responsible for, and shall bear the firll cost of, upkeep and routine maintenance of the Fields, including sod and irrigation facilities. However, costs associated with extraordinary maintenance and repair of the portion of the irrigation system servicing Field 3b, including labor, supplies and materials, shall be divided equally among the parties The Board of Education will not undertake or contract for such extraordinary maintenance and repairs of Field 3b without the prior consent of the Town and the County. (a) As set forth in paragraph 1(a), the Town and the County, or either of them, may, of their own cost acrd expense, install and maintain lights at one or more of the Fields.. The party or parties installing lights at the Fields} shall be responsible for the maintenance and upkeep of the light system The Board of Education may use the light system, provided that the Board of 6 Education shall document its time of usage and, if t'he Board of Education uses the light system for more than ten (1Q) hours per yeaz, the Board of Education shall contribute toward the armual maintenance and repair costs in proportion to its use of the lights. (b) Each party shall be responsible for its own lining or marking requirements. The parties agree to use only non-toxic and non-corrosive products for maintaining, lining or marking Field 3b, in accordance with the Town's Least Toxic hrtegrated Past Management Policy, 5.. Joint Use of Padcine Area and Playeround: The $oard of Education agrees that fhe public shall have use of the parking lots and recreational facilities at Chapel Hill High School, Smith Middle School and Seawell Elementary School. Minor alterations regarding the schedule for availability of these parking lots and recreational facilities maybe made, from time to time, by repr°esentatives of the parties without formal approval of the parties as long as such alterations and the Warne of the representative authorizing such alterations are documented in writing. 6 Provision for Town and County Summer Camp or Similar Proerams: The Fields may be reserved for a Town or County summer camp or Town or County programs, during the months of Tune, July and August, when school is not in session. Such reservation shall be made in writing by the Town or County to the Board of Education or its designee, on or before April 1 of the year in which the Town or County proposes to conduct a camp or programs at the School Site.. It is understood that the Fields will require periods when activities will not be scheduled in order to provide time for turf rejuvenation. Reservation and use of fields will be scheduled accordingly. 7 ~o hi the event the Board of Education determines that the Smith Middle School should he operated as a year round school, the Town and County may schedule programs during the intercessions of such year round school when the school is not in session. 7 Availability of Smith Middle School Site: The Town and the County understand that due to possible construction delays, the Smith Middle School site, including Fields 3b, may not be available for inunediate use when the school opens as scheduled for the 2001-02 schoo] year, and agree that any delay in use due fo construction shall not constitute a breach of this Agreement. Provided, however, that such delay in use shall not exceed two (2) year from the date that the Smith Middle School opens to students. 8 Waiver of Subroaationllnsurance: The Board of Educatiwr agrees to maintain fire, extended coverage, and vandalism and malicious mischief instuance on the premises and on personal property of the Board of Education contained therein to the extent of its firll insurable value; the Town and County shall do the same with respect to their property located in or on the premises. The parties hereby mutually release and discharge each from all claims or liabilities arising from or caused by fire or other casualty covered by the above insurance on the premises, or property in or on the premises.. 9 Casualty and Liability hrsurauce: It is understood and agreed by and between the pazties hereto that each party shall carry such casualty and liability insurance as will protect its interests in said facilities, and protect itself in the event of injury to persons or property involved in the use of said premises by said party. Each party shall firrnish to the other party upon demand, satisfactory evidence of insurance. 10 Indenurity: Each party hereto shall, to the extent allowed by law, indemnify and hold harmless and defend the other parties, their agents and employees from any claims, 8 cost, expense, liability, action or judgment, including attorney's fees, arising out of or related to any personal injury, death or property damage with respect to its use of the premises, except to the extent the same are caused by the negligence or misconduct of another party or parties.. 11 Use by Other Parties: It is understood and agreed hereto that the parties shall endeavor to make the Fields available on a reasonable and non-exclusive basis to other interested groups and public bodies when not in conflict with the program of the parties hereto, upon such terms and conditions as the parties entitled to use of the Fields pursuant to this Agreement may, in their discretion, establish The Town acrd County may make Pield 3U available to, and co-sponsor events and programs with, other interested parties during times reserved for use by the Town and County 12 Amendments: This Agreement maybe amended by muhtal written agreement if the Board of Education, the County and the Town.. 13 Terns: This agreement shall exist and continue for a period of thirty (30) years begirnring September 1, 2001 and ending August 31, 2031. Provided, however, that the parties will review this Agreement on or about September 1, 2001, and every five (S) years thereafter, to determine whether the Agreement is operating in a manner that is satisfactory to the parties. If any party believes that changes in circumstances have substantially affected the rights and responsibilities of the parties under this Agreement, that party may initiate an in-depth review of the Agreement for the purpose of re-negotiating the terms and conditions of this Agreement In the event of such an in-depth review, the parties will in good faith re-negotiate the terms and conditions of this Agreement to accommodate the changes in the circumstances of the parties and to maximize joint use of the facilities. A change in the teens of this Agreement based upon such re-negotiation shall not constitute a breach of this Agreement 9 is 14.. Govenunental Approvals: Nothing in this Agreement shall Ue construed as waiving, modifying or granting any local gover-mnent permits or approvals which may be necessary for the development and/or construction of any facilities or improvements in the Town. The Board of Education is responsible for seeking and obtaining such local govenument approvals as may be necessary for the work. 15 Entire Agreement: This Agreement constitutes the entire Agreement of the parties hereto. IN WITNESS WHEREOF, the parties to this Agreement have duly and validly approved it and caused it to be executed in their behalf by the undersigned agents. This the~day of /e~u~Y ~O/ Approved as to form and authorizatimr: w(~f Michael B Brough, T wn Attorney This Agreement has been Preaudited in the manner Required by the Local Governn-rent Budget arrd Fisca] Conhol Ac . A Finance D' for 10 TOWN OF CARRBORO 13 This is to certify that on this day personally appeared before me, •~~~-'~-- r~i..Wr ~~-~,v,-~' with whom 1 am personally acquainted, who being by me dyly s~ ~~ s that Robert Morgan is Manager of the Town of Carrboro and that he/she, ~.,,.. ,~„~.-,•-~ , is the Town Clerk, a body politic and corporate, described in and which executed the foregoing Agreement; that he/she knows the common seal of the Town of Canhoro; that the seal affixed to said instrument is said common seal; that the name of the Town of Caaboro was subscribed thereto by said Manager of the Town of Carrboro and said Town Clerk subscribed their nan~es thereto and said common seal was affixed, all by and that said inshument is the act and deed of said Town of Carrboro. Witness my ha and se/al, this the ~ day of _, 200~Y:'( _ ~~fi~- N tar ublic My commission expires: _~~~bG l CHAPEL HILL-CARI2BOR0 BOARD OF EDUCATION Name, Title i'~r,~~.r.~~_ Name, Secretary Jr' ORANGE COUNTY~~j, ~I ?~/~~~ Stephen H. Halkiotis, Chair ~!<~ Beverly Bly e, Clerl 11 14 Proposed amendment to the 2001 Development and Joint Use Agreement Between the parties of Orange County, the Town of Carrboro and the Chapel Hill Carrboro Board of Education. Smith Middle School Soccer Field This is a proposed amendment to the Development and .Joint use Agreement between the Town of Carrboro, the County of Orange and the Chapel Hill-Carrboro City School Board of Education for the joint use and maintenance of the Smith Middle School Soccer Fields, this proposal specifically affecting the management of Fields 3a and .3b. Section 4. Utilities, Maintenance and Upkeep Subsection (a) Second sentence: Current language: The party or parties installing lights at the Field(s) shall be responsible for the maintenance and upkeep of the light system. (Delete this sentence) Proposed revised language: The Town of Carrboro shall be responsible for the maintenance and upkeep of the light system for Field .3B. The Chapel Hill-Carrboro City School Board shall be responsible for the maintenance and upkeep of the light system for Fietd .3A. Costs associated with extraordinary maintenance and repair of the lighting system servicing Fields :3A and 3B, including labor, supplies and materials, shall be divided equally among the three parties. Electric service for each field will be metered separately. It will be the responsibility of the Board of Education to pay for service to Field .3a and the responsibility of the Town of Carrboro to pay for service to Field .3b.