HomeMy WebLinkAboutAgenda - 10-15-2002 - 6a 1
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 15, 2002
Action Agenda
Item No. -�
SUBJECT: Presentation of Maple View Farms Soccer Field Design and Public Comment
DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No
Conservation, Recreation and
Parks
ATTACHMENT INFORMATION CONTACT:
1) Field Design (Site Plan) David Stancil, 245-2590
2) Lease for Field Use Kimberly Siran, 969-9026
Bob Jones, 245-2661
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To receive a special presentation and public comment on the design of the
soccer field at Maple View Farms, review and consider approval of the site design, and
consider authorizing staff to submit the site plan for approval and begin the process of
soliciting bids for construction.
BACKGROUND: In 2001, the County reached an agreement for the lease of
approximately 6 acres of land at Maple View Farms along Rocky Ridge Road for use as
a soccer field. The field area is being leased to the County at a cost of $1 per year by Bob
and Chris Nutter, owners of Maple View Farms. An additional provision of the lease is that
the County will reimburse the owners for property taxes paid to the County each year for this
parcel of land. The lease agreement was approved on March 6, 2002.
A survey of the field area was completed last year, and the site design for the soccer field
has now been completed by Open Space Design Specialist Kimberly Siran, working in
conjunction with staff members from Purchasing, County Engineer, Recreation and Parks,
Environmental Health and Planning. The site design has been reviewed by both Planning
and Environmental Health staff as a precursor to formal approval. In accord with issues
raised, additional parking spaces have been added (bringing the total spaces to 50).
Required plantings will be planted in clusters to better reflect the rural character of the site,
while still meeting Zoning Ordinance provisions. A well to be used for irrigation has been
relocated to provide for both irrigation and potential water fountains. In keeping with the
desires of both parties, the Maple View Soccer Field will not be lighted.
2
Once the site design has been approved by the Board, the next step would be to submit the
site plan for approval by the Planning Department. As a part of this special presentation, in
the spirit of public input and communication, letters have been sent to property owners near
the field, apprising them of the opportunity to view the presentation of the site design.
Once the site plan is approved by the Planning Department, bids would be solicited for
project construction.
Next Steps Best-Case Scenario
Site Plan approved (Planning) November 2002
Bids solicited and awarded November-December 2002
Construction January-March 2003 (weather
ermittin
Field growing March-October 2003
Open for use best-case October 2003 at earliest
Staff recommends that the field be planted with Bermuda grass surface, installed in a fashion
similar to this summer's field remediation at Efland-Cheeks Park. This surface would require
the full summer/fall 2003 growing season (June-October) to become ready for play in
October 2003, at the earliest. If an alternative sod surface is purchased and installed instead,
it could expedite the opening of the field to the summer of 2003 (but would increase the total
cost of the project as shown below). It should be noted that, if construction is delayed beyond
winter 2002-03, a Bermuda-seeded field would likely not be ready for use until
spring/summer 2004.
Staff sent letters to neighbors in the vicinity of the soccer field inviting them to attend this
presentation and to present any feedback about the proposed design to the BOCC at this
time.
FINANCIAL IMPACT: After the Board approves the site design and the site plan is
approved by the Planning Department, construction drawings would be prepared and the
project would be ready for bid. The total cost of construction for the field is estimated at
$60,000 (approximately $80,000 4100,000 if a sod surface is installed instead of Bermuda
seeding), to be funded from a combination of Park Facilities funds in the Capital Investment
Plan, the.Soccer Superfund, and contributions from the Orange County Soccer Alliance
(OCSA). The actual amounts from each funding source would be addressed at the next
step, when the construction bid award is considered by the Board. If OCSA is interested in a
sod surface for the playing field, OCSA might be asked to cover the additional cost.
Discussions have been held with the soccer organizations represented by OCSA (Rainbow
Soccer, Sunbow Soccer, Triangle Futbol, Chapel Hill United, Liga Hispana, and Durham-
Chapel Hill Strikers) regarding their financial participation in the field construction and
maintenance. Maintenance of the site would be handled by the County Recreation and
Parks department, with OCSA providing some degree of annual maintenance cost share
after the field is up and running.
RECOMMENDATION(S): The Manager recommends that the Board:
1) -receive the special presentation
2) review and approve the site design
3
3) authorize staff to submit the site plan for approval and begin the process of soliciting bids
for construction, with a goal of beginning field construction in January and opening the
field in Fall 2003 (weather permitting)
4) direct staff to pursue a construction bid award to be presented for Board approval,
probably on December 2
5) direct staff to continue to work with the Orange County Soccer Alliance (OCSA) regarding
their contributions to the field construction.
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Orange County,NC
October 2002
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Maple View Soccer Field Lease _
5
NORTH CAROLINA
ORANGE COUNTY LEASE AGREEMENT
This lease agreement entered into this 6t' day of March, 2002, by and between the
Nutter Family Limited Partnership III, 3111 Dairy Land Road, Hillsborough, NC, Orange
County, North Carolina, hereinafter referred to as "Owner" and the County of Orange,
North Carolina, Hillsborough, North Carolina, a body politic and corporate pursuant to
North Carolina General Statutes 153A-11, PO Box 8181, Hillsborough, North Carolina,
hereinafter referred to as "County",
WITNESSETH:
The Owner hereby agrees to lease the property described below to the County for the
purpose of developing a soccer field for public play upon the following terms and
conditions:
1. The Property. The property herein leased is a tract and parcel of land, together
with all improvements located thereon, being all of Parcel B as shown on the plat
entitled "Final Plat Subdivision for Maple View Farm Soccer Field—Orange
County Lease", dated August 7, 2001, last revised November 9, 2001, as drawn
by James H. Holland, Jr., P.L.S. of Holland Land Surveying, and recorded in Plat
Book 89, Page 59, Orange County Registry, attached as Exhibit A, hereinafter
referred to as "Premises".
2. Term.
a. This Lease shall commence on the 6t' day of March 2002 and unless
sooner terminated as herein provided shall exist and continue for a term of
ten (10) years.
b. County shall have the option to renew this lease for two (2) additional
terms of five (5) years each. The terms and conditions herein set forth
shall apply during each renewal term, except as otherwise provided in this
lease. County shall exercise its right of renewal with respect to a renewal
term by giving Owner written notice thereof not later than six (6) months
prior to the expiration of the then-current term. If any renewal notice is not
given timely, then, at Owner's election, County right of renewal shall lapse
Maple View Soccer Field Lease _ 6
and be of no further force or effect. If County is in default under this lease
on the date County sends a renewal notice or any time thereafter until a
renewal term is to commence, then, at Owner's election, such renewal
term shall not commence and the term of this lease shall expire at the
expiration of the then-current term of this lease. County's right of renewal
under this lease may be exercised only by County and may not be
exercised by any transferee, sublessee or assignee of County.
3. Rental. The rental for the use of said premises shall be the sum of one dollar
($1) per year, payable on or before each anniversary date of this lease.
4. Acceptance and Use of Premises. County agrees to accept the premises as they
now exist with no obligation on the part of Owner to make any improvements
thereto, and agrees during the term of the lease not to make any unlawful use of
the premises, and to use the premises only for public purposes authorized by
law. Any and all improvements contemplated and/or undertaken by County
pursuant to this Lease shall be at the sole expense of County without
reimbursement or contribution by Owner.
5. .,Taxe9.' County agrees and covenants to reimburse Owner,for,any ad valorem or
property taxes, assessments,or public charges on the premises, and on any
improvements.located-on said premises. The reimbursement shall be made
within'a-reasonable time after Owner presents County a,copy of paid bills or
other it ble.documentatiori.
6. Operation. The property hereby leased shall be operated by County entirely free
of control and direction of Owner, subject to the conditions herein contained. The
relationship herein created is strictly the relationship of landlord and tenant, it
being understood that the parties are not principal and agent.
7. Nuisances. County agrees not to commit or permit any nuisance on the property
hereby leased. County further agrees throughout the term of this Lease
Agreement, at its own expense, to promptly comply with the lawful requirements
of every applicable statute, law, ordinance, regulation or order by any federal,
state, county municipal or other public body, department, commission, bureau or
officer with respect to the use and occupancy of the premises. Provided,
7
Maple View Soccer Field Lease
however, County may, at its own expense, contest the validity of any statute, law,
ordinance, regulation or order. Any noncompliance of such statute, law
ordinance, regulation or order by County during such contest, provided such
contest shall be diligently pursued, shall not be deemed a default under this
lease provided that County shall comply with any final order or judgment of any
Court of jurisdiction unless stayed during appeal thereof.
8. Assignability. County shall not assign, sublet or license the leased premises
without the prior written consent of the Owner, which consent shall not be
unreasonably withheld. County shall not assign, sublet, or license subject
property for purposes other than for specific use as a public soccer field.
9. Screening Landscaping. Buffers and Setbacks. County agrees to leave or
provide natural screening, landscaping and buffers all as required by the Orange
County Zoning Ordinance and Sub-division Regulations. Further, County shall
comply with setback requirements as stated in the Declaration of Development
Restrictions and Requirements, recorded concurrently with Maple View Farm
Soccer Field (Orange County Lease) Subdivision in the Orange County Registry,
Book 2443 Page 594, attached as Exhibit B.
10.Improvements. Subject to such approvals as maybe required by the state,
county, municipal or other public body, County shall have the right and option to
construct, or cause to be constructed on said premises, such structures or other
improvements as it deems appropriate for carrying out the permitted uses of the
property, and to remove or replace any or all of said structures during the term of
this lease or any renewal thereof, and any and all said improvements shall be
and remain the property of the County. During the term of this lease or any
renewals thereof, in making said improvements, County shall have the right to
clear, grade or fill any part of the demised premises necessary to render said
area usable for County purposes and operations. Provided, however, no part of
the premises may be used for disposal of wastes of any kind.
At the expiration or termination of this lease or any renewals thereof,
Owner may require County to remove at County's expense and within a
reasonable time, any improvements constructed on the premises by County, and
Maple View Soccer Field Lease 8
grade to ground level. Any improvements not removed at the request of the
Owner shall become the property of and owned by the Owner. County further
agrees it will, at the expiration or termination of this lease or any renewals
thereof, surrender the leased premises in good condition, damage by the
elements, fire or other casualty excepted. This agreement specifically includes
cleaning up the premises of any debris, trash, building scraps, etc., in addition to
any other restorations, repairs or work necessary.
11.Breach of Agreement. In the event County should breach any of the covenants
or conditions set forth herein, then and in that event, upon 45 days written notice
by Owner, specifying said failure or default, and in the event said failure or
default has not been remedied within said 45 day period, Owner, at its election,
may terminate this lease.
12.Notices. All notices herein provided to be given or which may be given by either
party to the other shall be deemed to have been fully given when made in writing
and deposited in the United States mail, certified and postage pre-paid and
addressed as follows:
For the Owner: Nutter Family Limited Partnership III
Attn: Robert Nutter
3111 Dairy Land Road
Hillsborough, NC 27278
For the County: County of Orange, North Carolina
Attn: Director of Purchasing and Central Services
PO Box 8181
Hillsborough, NC 27278
Nothing herein contained shall preclude the giving of such written notice by
personal service. The address to which notices shall be mailed by either party
may be changed by written notice given to such other party by the other as
hereinbefore provided.
13.Strict Performance. The failure of either party to insist in any instance upon strict
performance of any of the terms and conditions of the Agreement shall not be
construed as a waiver of the right to insist upon strict performance in any other
Maple View Soccer Field Lease g
instance. No modification of any provision of this lease and, in the absence of a
breach of the Agreement, no cancellation or surrender of the premises in this
lease during the term of this lease shall be valid unless in writing and signed and
agreed to by both parties.
14.Acceptance by Lessee. By accepting this Lease, County agrees to be bound by
all of its terms and conditions.
IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and
year first above written.
Owner:
BY:
Nutter Family Limited Partnership III,
By Robert Nutter, a partner
Orange County:
BY:
Barry Jacobs, Chair
Orange County Board of Commissioners
Attest:
Beverly A. Blythe
Clerk to the Board
This instrument has been pre-audited in the
manner required by the Local Government
Budget and Fiscal Control Act.
Kenneth Chavious,
County Finance Director
Maple View Soccer Field Lease
10
NORTH CAROLINA
ORANGE COUNTY
I, , Notary Public for said County and State,
certify that Robert Nutter, a partner in Nutter Family Limited Partnership, III, personally
appeared before me this day and acknowledged the due execution of the foregoing
instrument on behalf of the partnership.
Witness my hand and official seal, this the day of , 2002.
Notary Public
My commission expires:
STATE OF NORTH CAROLINA
ORANGE COUNTY
I, , a Notary Public for said County and State, do
hereby certify that Beverly A. Blythe personally appeared before me this date and
acknowledged that she is the Clerk to the Board of Commissioners of Orange County,
and that by authority duly given and as the act of Orange County, the foregoing
instrument was signed in its name by Barry Jacobs, Chair, sealed with its official seal,
and attested by herself as its Clerk.
Witness my hand and official seal, this the day of ,
2002.
Notary Public
My Commission expires: