BC 2002 04 15 - Laserfiche WebLink

Home Browse Search

April 15, 2002 Page 333 There was brief discussion concerning the lease of the Park to the City of Concord, including County funds used in developing the Park and the benefits of the City and County working together to provide services to the public. UPON MOTION of Commissioner Fennel, seconded by Commissioner Privette with Commissioners Fennel and Privette, Vice Chairman Carruth and Chairman Freeman voting for and Commissioner Suggs voting against, the Board approved the Lease and Operations Agreement for W. W. Flowe Park between Cabarrus County and the City of Concord and authorized the County Manager to request the City of Concord for voluntary annexation of the property. Further, the Board authorized the Chairman to execute the Agreement on behalf of Cabarrus County. Lease and Operations Agreement: WW Flowe Park This Agreement (hereinafter referred to as "Agreement") is made and entered into this the 15th day of April, 2002, by and between the County of Cabarrus, North Carolina (hereinafter referred to as "County"); and the City of Concord, North Carolina (hereinafter referred to as "City") for lease of WW Flowe Park (hereinafter referred to as "Park") as shown in Exhibit A attached. WITNESSETH: WHEREAS, this agreement is executed pursuant to G.S. 160A-274 and G.S. 153A-165 providing for the lease and joint use of governmental property; WHEREAS, the COunty and the City desire to cooperatively provide recreational and park services, programs and facilities for the welfare and quality of life of their citizens; WHEREAS, the County has developed a 44-acre public park near the City limits of Concord and wishes to enter into the Agreement with the City to manage, operate, program and maintain the park; WHEREAS, the Agreement is intended to set forth certain responsibilities and obligations between the parties relating to the management, operations, programming and maintenance of a public park in the County; WHEREAS, the City and County both strive for efficient use of tax dollars and joint projects between the City and County reduce duplication of services and promote more effective use of public monies; NOW THEREFORE, upon valuable consideration, the receipt of which is hereby acknowledged by each party and upon the premises contained herein, the parties agree as follows: ARTICLE I: PARK PROPERTY LEASE ~ ASSETS 1.0 Park Property. The County is owner of approximately 44 acres of land located on Central Heights Drive which the County has developed into a public Dark named WW Flowe Park as shown in Exhibit A attached. 1.1 Lease of Park Property. The County and City do hereby agree that the City shall lease the Park property from the County upon the terms and conditions set forth herein. 1.2 Term. The term of the lease of the Park shall be for a period of twenty (20) years beginning April 1, 2002 and ending March 31, 2022. The lease may be extended for a second twenty (20) year term if approved by both the City Council and Cabarrus County Commissioners. 1.3 Annual Lease Payment. The City shall pay an annual lease payment of one dollar ($1.00) to the County to lease the Park from the County. The City shall not be required to pay any additional fees to the County for lease, operations, programming or maintenance of the Park. 1.4 Annexation. Upon approval of this Agreement by both the City and the County, the County shall apply for voluntary annexation of Park property with the City. The voluntary annexation request shall be made by the County to the City within thirty (30) days of the approval of this Agreement. ARTICLE II. PARK DESIGN AND DEVELOPMENT 2.1 Design and Development. The County shall be responsible for all costs related to initial design and development as shown in Exhibit A attached. Park facilities designed, developed and funded by the County shall include four (4) baseball/softball fields, a concessions/restroom building, two (2) volleyball courts, eight (8) small picnic areas, horseshoe pits, large playground, walking trail, paved parking area and park infrastructure including irrigation, fencing, sidewalks, field and complex lighting, signage, scoreboards and water and sewer lines. The County shall be responsible for completion of all facilities and infrastructure stated herein and ensuring all facilities and infrastructure are in proper and safe working condition including irrigation system, scoreboards, park and field lights, and playground equipment.