Loading...
HomeMy WebLinkAboutAgenda - 05-05-2003-8a~~C~b4r~ar'Ay ~J:...-~ Draft 4/23/03 STATE OF NORTH CAROLINA COUNTY OF ORANGE MEMORANDUM OF AGREEMENT BETWEEN THE TOWN OF HILLSBOROUGH AND THE COUNTY OF ORANGE REGARDING PLANNING FOR FAIRVIEW PARK AND CAMPUS THIS AGREEMENT, made and entered into between the Town of Hillsborough, North Carolina, a North Carolina municipal corporation, xxx Churton Street, Hillsborough, North Carolina 27278 (hereinafter referred to as the "Town"), and the County of Orange, a North Carolina municipal corporation, 200 South Cameron Street, Hillsborough, North Carolina 27278 (hereinafter referred to as the "County"), for the joint development of a park and public facility campus. 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 public purposes; and WHEREAS, the Fairview area of Hillsborough has a designated park site that was established as part of the Community Revitalization effort funded through Community Development block Grants in the 1980s, and identified in both the County and Town Comprehensive Plans; and WHEREAS, a Phase I of Fairview Park on the County-owned portion of the park site have been constructed by the County, including a playground and playing field; and WHEREAS, the 2001 Park and Open Space Bond for Orange County included $850,000 for planning and construction of Phase II of the park; and WHEREAS, the Town and County both own property including and in the immediate vicinity of the existing park totaling 92 acres; and WHEREAS, the Town and County recognize the mutual benefit and interest of the parties hereto, and to the public generally, in the construction of park and community facilities on these same properties; and WHEREAS, it is recognized by both parties that there are limitations imposed by safety considerations caused by the site's previous use for waste-disposal purposes, as addressed in part by a geo-technical report ("need title") in 1999; and Draft 4/23/03 WHEREAS, the parties recognize the mutual benefit in the County's acting as the lead entity in the construction and financing of Phase II facilities of the park, to be built with funds from the 2001 bond amount of $850,000; 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, the parties hereto agree to allow the future construction and use of all of the three properties identified on the map in Attachment 1 to be designed, developed and programmed for public activity as one unit meeting mutual needs; and WHEREAS, the funding for additional facilities at the Park and Campus (beyond the $850,000 currently appropriated by the County for Phase II of the park) will be addressed by the County and Town in amutually-agreeable fashion at a later date: 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: 1. PROCESS FOR PLANNING AND DESIGN OF PARK AND CAMPUS The process for planning and designing the Fairview Park and Campus will encompass the land currently owned by both the Town and County in the immediate vicinity of the existing Fairview Park (as shown in the map in Attachment 1). Together these parcels represent approximately 92 acres. The Planning for Fairview Park and Campus will also consider and address, to the extent possible, the interests of both the Town and County to locate additional, non-park facilities on the property as part of a larger Public Campus. The County and Town will appoint, as soon as practical, a Fairview Park and Campus Master Plan Committee to develop recommendations for the design and use of the site. The Committee shall be appointed by approval of both County and Town Boards of Commissioners, and shall consist of the following membership and charge: A. CHARGE to the Master Plan Committee: Develop a Master Plan for the Fairview Park and Campus property, within the framework of any operating guidelines or other instructions as offered by the Boards, to include the following: 1. A physical map design for the property, including all proposed buildings, playing fields, roads, parking, other facilities, amenities, infrastructure locations, vegetative cover, hydrology and other components that are commonly included in park or public facility campus concept plan. 2. A written report outlining the proposed uses, the design rationale, description of work group process, natural and cultural features of the site, means of soliciting community input, the potential future phases, and construction cost estimates. Draft 4/23/03 The report should also include a phasing plan, showing how the park and other public facilities could be developed over time in acost-efficient fashion. 3. The report should address and recognize the limitations imposed by safety considerations caused by the site's previous use for waste-disposal purposes, as addressed inpart by a geo-technical report prepared in 1999 ("Report of Geotechnical Evaluation, Closed Hillsborough Landfill Site, July 19, 2000"). Further recommendations maybe needed to address phased remediation of portions of the site. 4. The Master Plan should address co-location of existing and future public facilities and the park, and provide fora "seamless transition " between public facilities and park functions wherever possible. 5. The Committee should review the "old" 1988 Fairview Park Concept Plan as part of the Master Plan and determine its validity, if any. 6. The operation and maintenance responsibilities of the park are addressed in subsection below. 2. EXPECTATIONS OF MASTER PLAN FINAL PRODUCT /MEMBERSHIP OF MASTER PLAN COMMITTEE Product: A Master Plan report and map, as described above, by August, 2004 Timeframe for Product: November 2003 -August, 2004 Proposed Timetable of Activities* Master Plan Work Group appointed September, 2003 Work Group begins work November, 2003 Interim re ort to Board of Coun Commissioners March, 2004 Work Group completes Master Plan August, 2004 Board of County Commissioners/TowYBnard of September-October, 2004 Commissioners review and approve Master Plan Town Board of Commissioners review and approval of October-December, 2004 lan site p Develo bids and bid project January-March, 2005 Construction of Phase I (Park) March-September 2005 Final Steps: Once completed, the Master Plan will be submitted to both Boards of Commissioners for approval. The Boards may either approve the Plan, remand it back for further work, or decide not to pursue the Plan Proposed Membership of Master Plan Committee: - xx Orange County Commissioners Draft 4/23/03 - xx Hillsborough Town Commissioners - 1 member, Hillsborough Parks and Recreation Commission - 1 member, Orange County Recreation and Parks Advisory Council - Approximately 6 community citizens Staff assistance to the Committee would be provided jointly by Orange County and the Town Coun of Hillsborough, including the County and Town Managers (or their designees), County Open Space Design Specialist, County Recreation and Parks Management Director, Environment and Resource Conservation Director, Town and County Planning Directors, and other staff members as shall be deemed necessary. Operating principles for the Master Plan Committee should include the following: 1. The Committee should review and consider the 1988 Concept Plan and determine its validity and usefulness 2. The Committee should consider impacts on the County Public Works Facility and vicinity in developing the Master Plan, incorporating these existing facilities into the scheme of the new plan as far as practical. 3. The Committee is asked to address and site the following specific facilities as part of the Master Plan: - TBA - TBA - TBA 4. The Committee should not address or site the following facilities as part of the Master Plan: - TBA - TBA - TBA 3. PROCESS FOR CONSTRUCTION OPERATION AND MAINTENANCE AND PROGRAMMING OF SITE Issues To Be Addressed in this Section 1. The park and facility construction process -describe roles and responsibilities 2. Operation & Maintenance of the park (and facilities) -County park? Town annual contribution? 3. Programming 4. How to fund additional facilities in Master Plan beyond the County's $850, 000 for phase II of park? Process for deciding how to embark on next phases, joint agreement, etc 5. CASUALTY AND LIABILITY INSURANCE: It is understood and agreed by and between the parties hereto that each party shall carry such casualty and liability insurance as will protect its interests in said facilities, and protect itself in the event of injury to persons or Draft 4/23/03 property involved in the use of said premises by said party. Each party shall furnish to the other party upon demand, satisfactory evidence of insurance. 6. INDEMNITY: 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, cost, expense, liability, action or judgement, 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. 7. USE BY OTHER PARTIES: ???? 8. AMENDMENTS: This agreement may be amended by mutual written agreement of the Town and County. 9. TERM: This agreement shall exist and continue for a period of twenty (20) years, beginning September 1, 2003 and ending August 31, 2023. Provided however, that the parties will review this Agreement on or about September 1, 2006 and every five (5) years thereafter, to determine whether the Agreement is operating in a manner that is satisfactory to the parties. In-depth review...re-negotiation provisions 10. GOVERNMENTAL APPROVALS: Nothing in this Agreement shall be construed as waiving, modifying or grating any local government permits or approvals which may be necessary for the development and/or construction of any facilities or improvements in the Town. The County is responsible for seeking and obtaining such local government approvals as maybe necessary for the work. 11. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement of the parties hereto. Draft 4/23/03 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 1st day of September, 2003. TOWN OF HILLSBOROUGH Joe Phelps, Mayor Attest: Town Clerk Approved as to form and authorization: Town Attorney COUNTY OF ORANGE Margaret W. Brown, Chair Orange County Commissioners Attest: Donna Baker, Clerk to the Board Approved as to Form and authorization: County Attorney This Agreement has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director ~.~ ' -~ f Fairview Park Orange County - 42 acres ~ Town of Hillsborough - 25 acres ~ Orange County Public Works - 26 acres n'~ "Streets Parcel Boundary ~~ :: Hillsborough Town Limiits Vicinity Map r..a. w.. s N ~..r~. ~. •., 0 300 600 Feet Cotmty of Orange Environment & Resource Conservation DepartrneiN Marts 27 ~ 2b03 M Jones