BC 1998 10 19 - Laserfiche WebLink

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