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April 15, 2002 Page 334 2.2 Walkthrough. City ahd County staff shall complete a joint walkthrough of the Park before approval of this Agreement by the City and the County. The County shall be responsible for addressing safety and repair concerns noted during the walkthrough. 2.3 Americans with Disabilities Act (ADA). The County agrees that Park facilities are compliant with ADA requirements as stated in the NC Building Codes including provision of handicapped accessible restrooms. The County shall be responsible for paying the costs of any facility changes necessary to meet ADA regulations on Park facilities (ball fields, playground, trail, concession building, restrooms, etc.) leased to the City. 2.4 Resprigging, Landscaping and Sidewalks. The City shall be responsible for resprigging outfields, landscaping park areas and designing and constructing sidewalks at the Park. The County agrees to pay the City $40,000 by April 30, 2002 to assist with the cost of this work. The City agrees to pay all invoices for these services and shall be solely responsible for all costs in excess of $40,000 needed to complete resprigging, landscaping and sidewalks. Sidewalk design and construction include concrete sidewalks from the parking area to the concession stand/press box building as planned in original project design. The City, at its discretion, may also elect to install concrete sidewalks/aprons around the concession stand/press box areas and under bleachers. The County shall present the City with the Park landscaping plan by April 1, 2002. The City shall have the flexibility to change the plan with the approval of the County and may require extended time to complete the landscaping plan. The City may, at its discretion, add landscaping to the Park at any time after this agreement is approved to help beautify ~the park. 2.5 Scoreboards, Field Poles and Netting, and Concession Equipment. The County is solely responsible for paying costs of installation of a scoreboard for each field, poles and netting for back stops on each field, and concession equipment (refrigerator, stove, ice machine, etc.) All scoreboards and concession equipment are to be in good operating order and installed by June 30, 2002. Poles and netting installation shall be coordinated with the City as well as the installation of sidewalks. 2.6 Park Signs. An entrance sign to the Park shall be constructed that will display the names and logos of both the City and the County. The County shall be responsible for paying the cost of the entrance sign. The City and County acknowledge that the donor of the property requested that the Park be named W.W.Flowe Park. A plaque or sign stating this name shall remain visible at the park and will be provided by the County. 2.7 Future Development. The quality of the Park and its development shall continue as an ongoing project throughout the term of this Agreement and the City may develop additional Park recreational facilities at a later date with the prior written consent of the County. All Park recreational facilities (fixed assets) remain the property of the County. Any Park facilities constructed by the City during the term of the lease (i.e. storage building) shall become property of the County and leased by the City at no additional cost. The City and County agree to jointly share in the costs of design and construction of two additional baseball/softball fields with lighting at such time that is mutually agreeable to by both the City and the County. The City and County may share in the costs of development of all other future park amenities at their discretion or fund future park amenities individually. ARTICLE III. PARK OPERATIONS 3.1 Park-Management. Durin9 the term of the Agreement, the City shall manage, operate, program and supervise use of the Park for the benefit of the public. 3.2 Park Operations. The City shall provide, promote, administer and operate recreational facilities, programs and services in the Park, consistent with other City Parks and recreational facilities, inclusive of all operational hours. The City may, at its discretion and sole expense, choose to expand the hours and days of operation of the Park, consistent with other parks in the City's park system. 3.3 Third-Party Agreements. The City may execute and enter in such agreements with third parties as it deems necessary or advisable for the provision of programs and services offered at the Park. 3.4 Fees and Charges. The City shall adopt a Facility Rental Policy and Fee Schedule for use of the Park facilities and/or participation in Park programs and services. Different fee amounts may apply to city residents and non city residents for programs and park services. Facility use charges (picnic shelter and ball field rental charges) shall be consistent for city and non city residents. The City may revise fees and charges at its discretion. All fees, charges and other revenue collected, including concession revenue, shall be the property of the City. 3.5 Utilities. The City shall pay all water, sewer, electric and other utility charges for services to the Park beginning April 1, 2002. 3.6 Field Sponsorships or Naming. The City may solicit and approve corporate sponsors for fields and facilities at the Park. All sponsors shall be allowed to display signage with sponsor name and logo as approved by the City. Any revenue derived from field or facility sponsorships shall be the property of the City.