CONTRACT # 0'0 \\1 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG ELA T BRANCHPARKINEW ELEMENTARY SCHOOL JOINT USE AGREEMENT 'rms FLAT BRANCH PARKINEW ELEMENTARY SCHOOL JOINT USE AGREEMENT (this "Agreement") entered into to be effective April 1, 2006 by and between Mecklenburg County, hereinafter referred to as the "County," and The Charlotte Mecklenburg Board of Education, hereinafter referred to as the "CMBE." BACKGROUND 1. The County owns certain property known as Flat Branch Park that was acquired to be used for ajoint elementary school/park site. 2. A preliminary master plan for the Flat Branch ParklNew Elementary School is shown on the conceptual master site plan attached hereto and incorporated herein as Exhibit A (the "Approved Site Plan"). This plan is more detailed as to elementary school facilities, it being acknowledged that the County may elect to provide different facilities on land that the elementary school will not be constructed upon. 3. The land to be conveyed to CMBE is generally shown on Exhibit A. The land to eventually be conveyed to CMBE is referred to herein as the "School Property" and the remainder ofthe site is referred to herein as the "County Park Property". The School Property and the County Park Property are collectively referred to herein as the "Joint Site." The exact boundary line between the School Property and the County Park Property shall be determined by survey to be obtained by CMBE and mutually approved by CMBE staff and County staff. 4. The parties now wish to finalize their plans for development ofthe Joint Site by entering this Agreement, setting forth details for improvements to be made and maintenance and use thereof. AGREEMENT NO'V, THEREFORE, in consideration ofthe foregoing premises and the mutual promises and covenants contained herein, the parties agree as follows: I. OWNERSIDP OF REAL ESTATE; FURTHER ASSURANCES. The County shall convey land to CMBE so that the final boundary line is generally as shown on Exhibit A. The exact boundary line shall be determined by survey mutually agreeable to the County and CMBE staff. CMBE and the County agree to in good faith approve, sign and record appropriate deeds, easement agreement(s) and other closing documents, including any appropriate amendments to this Agreement as reasonably required by each and their respective counsel. The Superintendent and County Manager are authorized to approve and sign any such appropriate documents. Any conveyances shall be subject to this Joint Use Agreement. -1
The closing shall occur as soon as reasonably possible after approval of the survey noted above. u. DESIGN AND CONSTRUCTION OF FACILITIES A. Joint Design. CMBE and the County have both approved the Approved Site Plan. The Approved Plan is conceptual in nature and it is acknowledged that the site plan may be mod ified in a manner acceptable to both parties to accommodate regulatory requirements and sound engineering/design practices. It is furt her acknowledged that the County is not yet funded for improvements at thi s site and accordingly has no immediate plans to commence its usual master planning process. Thus, the County may elect at a later date to provide different facilities on the County Park Property. The County Park & Recreation staffmust review and approve schematic design drawings, design development drawings and final construction drawings for the elementary school. County Park & Recreation staff shall review all submittals as soon as reasonably possible, but in no event longer than 10 business days. CMBE shall be given the opportunity for input, but need not approve any subsequently constructed park improvements on the County Park Property. B. School Improvements CMBE shall cause to be constructed a new elementary school upon the Joint Site which shall include by way of example: :::l An elementary school building, supporting outdoor field/playspace, and parking; :l At least 175 parking places shall be provided (125 in the faculty parking lot and an additional 50 in the bus drop-off/paved play area); o The outdoor field to be constructed by CMBE on the School Property shall be at least the size shown on the Approved Site Plan. Additionally, as part ofthe construction of the new elementary school site, CMBE shall rough grade the portion ofcounty Park Property as generally shown on Exhibit A and shall seed with rye the fields located on the County Park Property. such areas. C. All of the school improvements are shown more specifically on the Site Plan and collectively referred to herein as the "School Improvements." The School Improvements shall be constructed in substantial accordance with the Approved Site Plan. Responsibility For Construction Costs; Cooperation Regarding Permitting CMBE shall be responsible for all design and construction costs ofthe School Improvements (including permits, fees or any fines). Additionally, as noted above, the School will rough grade and seed with rye the fields located on the County Park Property. The County shall be responsible for all design and construction costs for future improvements to the County Park Property. -2
Additionally, because development ofthe number of fields on the Joint Site desired by the County vvilllikely require certain wetlands ~itigation in orde: to obtain required permits, the County agrees to cooperate with CMS and applicable regulatory agencies as needed to obtain required permits, including placing portions of the Joint Site (or portions ofthe land owned by the County on the other side of Tom Short Road from the Joint Site) under conservation easements to fulfill any wetlands mitigation requirements. If CMS and the County cannot collectively satisfy the permitting requirements of the applicable regulatory agencies, then CMS and the County agree to in good faith modify the Approved Site Plan. III. CONSTRUCTION CONTR4.CTS A. Letting: of Contracts CMBE shall be responsible for the letting and administration of any/all contracts for the construction of the School Improvements. IV. USE OF FACILITIES A. Joint Use; General County and CMBE intend to jointly use the Joint Site. for example, County may use school facilities for park and recreation purposes when such facilities are not being used for school purposes. Likewise, CMBE may use facilities on the County Park Property when the County is not using such facilities. The new elementary school's staff and County Park & Recreation Department staffwill work together in good faith to prepare a master schedule for joint use offacilities at an appropriate time. In the event of disagreement over scheduling, County Staff shall have final decision-making authority as to the scheduling of the County Park Property and CMBE staff shall have final decision-making authority as to the scheduling of the School Property. Such a schedule, and any additional details as to scheduling and other operational policies and procedures, shall be established by the parties in the Memorandum of Understanding referenced in Section IILB, below. Neither party shall charge the other for use of any Joint Facilities (as defined below). Mobile classrooms, if any, shall not be located on the County Park Property. Specifically, the current intent ofthe parties (which may be modified from time to time through the annual Memorandum of Understanding referenced below) is that the County intends to use the outdoor field areas on the School Property when such facilities are not being used for school purposes and CMBE intends to use outdoor recreation areas ofthe County Park Property when such facilities are not being used for County Park purposes. Jointly used facilities (as the same may change from time to time) are referred to herein as the "Joint Facilities." CMBE shall have the exclusive right to use the School Property as needed for CMBE purposes (i) during school days (as such terms are defined by CMBE in its annual bell schedule or its equivalent) and (ii) during certain other days, evening.., -.)
and weekends as needed for school-related purposes at dates and times to be determined by CMBE ("CMBE's Reserved Hours"). Notwithstanding the foregoing, the County may use the School Property during CMBE's Reserved Hours, if, and to the extent, approved by School Staff in its sole discretion. B. Annual Memorandum ofunderstandinq CMBE and the County shall document scheduling and other operational policies and procedures to be established by the parties, together with changes as to details related to maintenance, in a separate Annual Memorandum ofunderstanding, as the same may be modified from time to time. The Annual Memorandum of Understanding need only be approved by the Superintendent ofthe Charlotte Mecklenburg Schools, or his designee, and the Mecklenburg County Park and Recreation Department Director, or his designee. The current intent ofthe parties (which may be modified from time to time if desired) is that the County shall be responsible for coordinating the scheduling of the Joint Facilities in cooperation with CMBE. In order to facilitate scheduli ng, School Staff will provide the County's Parks and Recreation Department Director, or designee, no later than July 1 annually, a schedule of CMBE's Reserved Hours. This procedure will not preclude School Staff from making requests to use the Joint Facilities at other times which additional requests the County will endeavor to grant. Within 30 days after receiving such notice from CMBE, the County will prov ide CMBE a schedule ofthe dates and times it intends to operate programs on the Joint Facilities. This procedure 'will not preclude the County from scheduling additional programs on the Joint Facilities ; provided, however, in no event shall the County schedule any programs on the Joint Facilities during CMBE's Reserved Hours without first obtaining approval of the School Staff. Additional details as to scheduling and other operational policies and procedures shall be established by the parties in the Memorandum of Understanding referenced above. C. Access to Premises By entering into this Agreement, (a) the County grants to CMBE and its employees, agents, contractors and other representatives the right to enter upon the County Park Property as required and allowed by this Agreement; and (b) CMBE grants to the County and its employees, agents, contractors and other representatives the right to enter upon the School Property for the purpose of using the School Property required and allowed by this Agreement. IV. MAINTENANCE AND SECURITY A. GeneraL In general, CMBE shall be responsible to repair and maintain the School Property and the County shall be responsible to repair and maintain the County Park Property. except: o If either party's use causes damage to the other's property (or improvements thereon), then the party's whose use caused the damage -4
':J shall restore the other's property (or improvements thereon) to the condition existing prior to the damage; and The County and CMBE shall be responsible for litter control and removal at the conclusion of their respective event(s). B. Major Repairs and Construction [intentionally deleted] C. Securitv A11 portions of the School Property shall be patrolled and under the supervision of School security personnel during normal school hours only. V. TIME OF PERFORMANCE AND TERM A. Construction Construction ofthe School Improvements is expected to commence later this year with the new elementary school scheduled to open in August 2007. B. Term. The term ofthis Agreement shall commence upon the date this Agreement is signed by both parties and shall extent to the date that is 25 years from the date that an elementary school opens on the School Property. This Agreement sha ll automatically renew on a year to year basis unless terminated by either party by providing one-year advance written notice to the other. VI. NOTICES Notices shall be effective as to the County when delivered to : Director Mecklenburg County Park and Recreation Department 5841 Brookshire Blvd. Charlotte, NC 28216 Any notices hereunder to CMBE shall be effective when delivered to the Deputy Superintendent Charlotte-Mecklenburg Schools 701 East 2 nd St Charlotte, NC 28202 When so given, the notice shall be effective three (3) days after the date of mailing. Either party may change its notice address by giving written notice thereof to the other party. Notice may also give notice by hand delivery at the above address or by facsimile at such numbers that may be established by the parties from time to time. -5
VII. INDEl\tTh~TY & HOLD HARMLESS To the extent permitted by law, each party covenants to indemnify and hold the other party harmless from any and all claims, suits, causes of action, demands, damages, costs, and expenses arising from any act or omission ofany ofthe indemnitor's officers, employees, or other agents while asserting, performing, or carrying out any of such indemnitor's rights, responsibilities, or obligations created by the Agreement, VIII. WORK ON SCHOOL PROPERTY AND COUNTY PROPERTY Nothing herein shall be construed to prohibit CMBE from making any improvem ents or doing any work on any portion ofthe School Property nor to prohibit the County from making any improvements or doing any work on any portion ofthe County Park Property. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by th eir authorized representatives on the date first "witten above. THE CHARLOTTE-MECKLENBURG BOARD OF EDUCATION (SEAL) Attest: ~Pi..L.~ Secretary -~~~ THIS INSTRUMENT AS BEEN PREAUDITED TN THE MANNER REQUIRED BY Tl:fE SCHOOL BUDGET AND FISCAL CONTROL ACT. rjja Approved ~ to Fann ~uj~ uja U.AJd ( Board ofeducation Attorney -6
MffiCKLENBURGCOUNTY (SEAL) Attest: _ Q y, ') /'. I Y-:U\\..,1. (::t-- CL.- \ () ~~ to the Board of commis~o~rs- -) 7?2 &~ INSURANCE PROVISIONS REVIEWED AND APPROVED BY DIVI SION OF fnsurance AND RISK MANAGEMENT STATE OF NORTH CAROLINA ) ) COUNTY OF MECKLENBURG ) I, a Notary Public ofthe County and State aforesaid, certify that Janice S. Paige personally came before me this day and acknowledged that she is the Clerk to the Board of Commissioners for the County of Mecklenburg, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the County Manager and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal. this the I '7~d.fl ay of l, 2006. [SEAL1 J -31-o1-8
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