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<br />for, the Board approved the following agreement and authorized staff to
<br />pursue the project within the $390,900.00 funding by the City of Kannapolis
<br />and future budgetary actions of the County Commission.
<br />
<br />STATE OF NORTH CAROLINA
<br />COUNTY OF CABARRUS
<br />
<br />AGREEMENT
<br />
<br /> THIS AGREEMENT is made and entered into this the 19th day of October,
<br />1998, by and between the County of Cabarrus (hereinafter referred to as
<br />"County") and the City of Kannapol%s (hereinafter referred to as "City").
<br />
<br /> WITNESSETH:
<br /> WHEREAS, this agreement is executed pursuant to G.S. 16OA-460 et seq.,
<br />providing for units of local government to enter into agreements with each
<br />other to execute any undertaking; and
<br /> WHEREAS, County and City desire to cooperatively provide recreational
<br />and park services, programs and facilities for the welfare of their citizens
<br />pursuant to G.S. 153A-444 et.seq, and 160A-350 et.seq.; and
<br /> WHEREAS, County and City have previously entered into an agreement
<br />certain provisions of which provided for the development of a public park in
<br />the City of Kannapolis.
<br /> WHEREAS, this agreement is intended to set forth certain
<br />responsibilities and obligations between the parties relating to the
<br />development of a public park in the City of Kannapolis.
<br /> NOW THEREFORE, upon valuable consideration, the receipt of which is
<br />hereby acknowledged by each party and upon the premises contained herein, the
<br />parties agree as follows:
<br /> Article 1. Park Property
<br /> 1.0 Park Property. The City is the owner of a 45.037 acre tract on the
<br />south side of Orphanage Road, Kannapolis, North Carolina, (the "property") a
<br />survey of which property is attached hereto as Exhibit "A".
<br /> 1.1 Lease of the Prooertv. The parties hereby agree that the County
<br />shall lease the property from the City upon customary and reasonable terms
<br />and conditions for a period of twenty (20) years at an annual rent of $1.00,
<br />for park development and recreational purposes (hereinafter "the Lease").
<br />Provided, however, specifically excluded from the property and the operation
<br />of the lease agreement is a commercial billboard located on the property near
<br />the Interstate 85 boundary. All revenues derived therefrom shall be and
<br />remain the sole and exclusive property of City. City, its agents and
<br />designees, at all times, shall have access to the billboard for replacement,
<br />repairs and maintenance.
<br /> 1.2 ~ark Development. It is the intention and agreement of the parties
<br />that the property shall become part of the County park system during the term
<br />of the Lease. Upon execution of the Lease, the County shall develop a public
<br />park (the "park") on the property, the nature and quality of which are more
<br />definitively described hereafter in Article II.
<br /> 1.3 Additional Park Property. The County shall make good faith efforts
<br />to seek out and acquire additional property adjoining the park, by purchase,
<br />lease or otherwise, which property, upon acquisition, shall become part of
<br />the park.
<br /> 1.4 Imoroved Access. The City shall acquire such other property or
<br />rights of way interests which will permit reasonable public access to the
<br />park. The City shall bear the costs of such acquisition.
<br />
<br /> Article II. Park Development
<br /> 2.0 park Development, The County shall develop the property for use as
<br />a public park which shall include active and passive facilities co~mmonly
<br />found in the County public park system, and may include some or all of the
<br />following facilities and activity area: baseball/basketball areas,
<br />softball/soccer fields with fencing and lighting, reetroom facilities,
<br />amphitheater, concession facilities, picnic shelters, volleyball courts,
<br />horseshoe pits, playground, walking/jogging trail systems and parking
<br />facilities. Efforts to establish a park design concept plan and development
<br />schedule will be commenced within three (3} months following execution of
<br />this agreement. Allowing for community input and interaction among
<br />governmental agencies inclusive of permitting requirements, it is expected
<br />that the concept plan and development schedule can be completed within twelve
<br />(12) months following the execution of this agreement.
<br /> (a) Once an accepted concept plan and development schedule are
<br /> complete, the County will initiate construction of the park project
<br /> using first the Park Development Contribution of $390,000 (See Section
<br /> 2.2) along with other County revenues, grants, contributions and other
<br /> resources as budgeted toward completion of the approved park concept
<br /> plan. This effort will span several fiscal years and is subject to
<br /> budgetary constraints.
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