USE AND OPERATING AGREEMENT BETWEEN THE COUNTY OF CUMBERLAND AND THE CUMBERLAND COUNTY BOARD OF EDUCATION

Transcription

1 NORTH CAROLINA CUMBERLAND COUNTY USE AND OPERATING AGREEMENT BETWEEN THE COUNTY OF CUMBERLAND AND THE CUMBERLAND COUNTY BOARD OF EDUCATION CONCERNING THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A RECREATION CENTER AT THE GRAYS CREEK MIDDLE SCHOOL ON 2964 SCHOOL ROAD TO BE CONSTRUCTED IN THE SOUTHERN PART OF THE COUNTY THIS USE AND OPERATING AGREEMENT ( Agreement ) is entered into this the day of, 2003, by the County of Cumberland ( County ) and the Cumberland County Board of Education ( Board ). W I T N E S S E T H: WHEREAS, the County is interested in providing an adequate program of community recreation under the auspices of the County Parks and Recreation Department, and WHEREAS, the Board is interested in providing facilities appropriate for school operations, and WHEREAS, in the interest of providing the best service with the least possible expenditure of public funds, full cooperation between the County and Board is necessary, and WHEREAS, the parties have previously entered into a Inter local Agreement on August 30, 2000 regarding this purpose, and WHEREAS, the parties desire to enter into an Agreement for the purpose of designing and constructing a recreation center and physical education improvements at Page 1

2 Grays Creek Middle School to be constructed in the southern part of the County. NOW, THEREFORE in consideration of these premises the County and the Board agree to enter into the following Agreement as follows: 1. PURPOSE: The County will construct the new Grays Creek Recreation Center, enlarge the presently existing dressing rooms, and add a physical education office, all of which will be appropriate for school operations. This construction will be located on the Grays Creek Middle School campus which is owned in fee simple by the Board. 2. The Board grants the County the right of use and operation of the premises on the terms set forth herein for thirty years beginning on the day of, OWNERSHIP, CONSTRUCTION, OPERATION AND MAINTENANCE OF RECREATIONAL FACILITY: The County shall construct a recreation center, add an air conditioning system to the gym and expand the parking area. Additionally, the County shall add a physical education office and renovate the dressing rooms for exclusive school use. The Board shall maintain fee simple title to the land upon which the facility is constructed and the building. The recreation center shall be comprised of approximately 7,300 square feet with staff offices, three (3) activity rooms, kitchen, restrooms, and storage areas. The center shall have a separate entrance from the school s main classroom building. The center design shall allow recreation patrons to access the gym from the center lobby. Furthermore, the center shall be designed in such a way as to restrict recreation patrons from accessing the gym and/or main classroom building during certain center operating hours. The County shall also add a physical education office and renovate the dressing rooms for exclusive school use. This area will not be part of the recreation center. The dressing room expansion and physical education office will comprise approximately 850 square feet of additional space. The County shall advance the cost for expanding the dressing rooms and adding an office. The cost of building the office and dressing room additions shall not exceed $143,456.00, including architectural design and construction administration fees for these components, without further Page 2

3 consideration and approval by the Cumberland County Board of Education. At the completion of the project, the Board shall reimburse the County an amount not to exceed $143, The County and the Board shall each approve all plans and specifications for the office and dressing rooms. The County shall approve all plans and specifications for the recreation center. The project shall be constructed generally according to a sketch plan showing the genera location and arrangement of improvements attached hereto as Exhibit A and incorporated herein by reference, showing the general arrangement and location of improvements and access. The cost for maintaining these areas shall be borne proportionally by the County and the Board as determined by their respective relative use of the areas. The County and Board further agree to maintain such areas in good condition during the periods of their respective use. Each party assumes full responsibility for any and all damage, injury, or breakage to the facility as a result of its program being operated in the facility and each party shall be responsible for keeping the facility free and clear of trash or litter brought or left on the premises by the students, players, patrons or spectators for their respective programs. Each party shall be responsible for providing any and all necessary supervision and security during their respective activities if and when needed in connection with the use of the premises. Each party bears the responsibility to inspect and know the condition of the facility, and both parties acknowledge that the same is hereby provided for use and operation without any representation or warranty by either party whatsoever and without obligation on the part of either party to make alterations, repairs or additions. 4. PERSONNEL: Each party to this Agreement shall provide adequate personnel to supervise their respective activities, which take place during their use of the facility. These employees or other personnel will be under the supervision of the party using the facility. No joint agency is established by this Agreement. 5. TRANSFER OR ASSIGNMENT: Neither party shall transfer or assign all or any part of its rights under this Agreement nor grant any interest, privilege or license whatsoever in connection with this Agreement without permission in writing from the other party. 6. UTILITIES: The recreation center shall have a separate heating and cooling system, which shall be metered separately from the school and for which the County shall be responsible for paying. The Board will be responsible for Page 3

4 payment of all other utilities. 7. SCHEDULING: The County shall, at its discretion, schedule programs in the recreation center, which it is authorized by law to provide or offer, provided, however, it will allow the Board exclusive use of two small recreation center activity rooms for conducting classes during the school day. The Board shall have priority of use outside of its regular school day for use of the recreation center activity rooms for its programs at all times other than when scheduled for County use. The Board shall have exclusive use of the dressing rooms. The Board may schedule activities in the gymnasium portion of the recreation center and athletic fields during the regular school day and for all school activities. The County shall have priority for scheduling activities outside of the regular school day when the Board of not using the above facilities or fields. To avoid scheduling conflicts, the Board and County shall coordinate facility and field with the County s recreation center management staff and with the principal of the school. 8. INDEMNIFICATION: To the extent allowed by law, the County assumes all risks of injury, loss, damage or death to any person or property arising out of or incurred in connection with its use of the premises belonging to Board, except that resulting from intentional or negligent acts of the Board s officials, employees or agents, and, to the extent allowed by law, agrees to indemnify Board absolutely and in full against any loss, claim, demand, liability, damage, judgment, or expense sustained by Board as a result thereof; and in this connection, County agrees, at its expense to: (1) maintain in full force during the leased term, a policy or policies of comprehensive liability insurance written by one or more responsible insurance companies licensed to do business in this State, which insures County and Board against liability for injuries to persons or property and death of any person occurring in or about the premises belonging to Board, or (2) to maintain a program of self insurance for public liability for injury or death in lieu of purchasing coverage which will be used to indemnify Board. To the extent allowed by law, Board assumes all risks of injury, loss, damage or death to any person or property arising out of or incurred in connection with its use of the premises, except that resulting from intentional or negligent acts of the County s officials, employees or agents, and, to the extent allowed by law, and to the extent allowed by law, hereby agrees to indemnify County absolutely and in full Page 4

5 against any loss, claim, demand, liability, damage, judgment, or expense sustained by County as a result thereof; and in this connection, Board agrees, at its expense to: (1) maintain in full force during the leased term, a policy or policies of comprehensive liability insurance written by one or more responsible insurance companies licensed to do business in this State, which insures County and Board against liability for injuries to persons or property and death of any person occurring in or about the premises belonging to County, or (2) to maintain a program of self insurance for public liability for injury or death in lieu of purchasing coverage which will be used to indemnify County. Neither party by entering this Agreement waives any immunity available either at common law or by statute, nor is this Agreement intended by either party to be an insurance contract. 9. RENEWAL OF AGREEMENT: The County shall have the right to renew this Agreement for an additional twenty five years by giving the Board at least six months written notice prior to the expiration of this Agreement. 10. NOTICE: Notice hereunder shall be deemed effective if personally delivered or sent certified mail, return receipt requested, as follows: To Board: To County: Chairman Chairman Cumberland County Board of Education County of Cumberland P.O Box 2357 Board of Commissioners Fayetteville, NC P.O. Box 1829 Fayetteville, NC AMENDMENT: This Agreement may be amended at any time by the written consent of both parties. 12. TERMINATION: Either party to this Agreement may at anytime terminate this Agreement upon giving in writing to the other party one year s notice of its intention to terminate same. If the Board should terminate this agreement before its expiration and after the County incurs expenses for the benefit of the Board as described in Section 1 of this contract, the Board shall reimburse the County a pro rata portion, proportionate to the remaining original term of this agreement, of the Page 5

6 value of the Countyʹs construction cost of the Recreation Center and the improvements to the gymnasium. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on their behalf. THE CUMBERLAND COUNTY BOARD OF EDUCATION ATTEST: BY: Macky Hall, Chairman Secretary to the Cumberland County Board of Education COUNTY OF CUMBERLAND ATTEST: BY: Jeannette C. Council, Chairman Board of Commissioners MARSHA FOGLE, Clerk Page 6

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