BC 1998 10 19 - Laserfiche WebLink

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7! (b) It is understood that the potential addition of adjacent land(s) (See Section 1.3) may cause amendments to be made to the original park concept plan and development schedule. The City and County will work together to address modifications to the park concept plan and development schedule that encourage public recreational usage and enjoyment recognizing budgetary constraints may impact upon recreational facility design and construction. (c) As a part of the park development, the County shall construct vehicular access from Orphanage Road into the park. Other access locations may be pursued as further determinations may provide. 2.1 Review of Development. The County shall complete a concept plan for the development of the park. During the park design and development process, County and City representatives shall meet to review and evaluate design and development proposals prior to incorporating into the final plans, it being the intention of the parties that both County and City through their respective elected boards shall approve the park concept plan and development schedule and significant modifications thereof. 2.2 City Contribution. On or about June 30, 1995, the City and County, inter alia, entered into an agreement, certain provisions of which provided for the City to pay to the County the sum of $390,000.00 to assist the County in the development of a park in the City of Kannapolis (hereinafter the "Park Development Contribution"). Within thirty days following execution of this agreement, City shall disburse the Park Development Contribution to the County. The County shall use the Park Development Contribution as a portion of the funds necessary to develop the property as a public park as herein provided. Both County and City will use public resources as is reasonable in order to fully develop the park in the most economical manner possible. 2.3 Future Development. It is the intention of the parties that in addition to the initial park development, the quality of the park and its development shall continue as an ongoing County park improvement project throughout the term of the Lease. Article III. Park Operations 3.0 Park Manaqement. The County shall manage, operate and supervise use of the park and facilities contained therein for the benefit of the public subject to such joint use agreement as may be executed between the parties or third parties. 3.1 Park Operations. The County shall provide, promote, administer and operate recreational facilities, programs and services in this park consistent with other County parks and recreational facilities inclusive of operational hours. The City may at its discretion and expense choose to expand upon the hours and days of operation consistent with other parks in the City's system. 3.2 Third Party Aqreements. The County may execute such agreements it deems necessary or advisable for the provision of programs and services in or at the park and its facilities. The City at its discretion and expense may expand upon programs and services offered at the park consistent with programs and services offered in other City parks. 3.3 Fees and Charqes. The County shall adopt a uniform schedule of fees and charges for use of park facilities or participation in park programs and services. Fees and charges collected shall be the property of the County. 3.4 Zoninq. The City shall initiate such zoning petition or petitions, if any, necessary to effect a zoning of the part property consistent with the uses contemplated by this agreement. Article IV. Park Maintenance 4.0 Park Maintenance. The County shall maintain the park as part of its park system. 4.1 Maintenance Schedule. A maintenance schedule shall be adopted for the building and grounds located on or within the part (sic) which provides periodic maintenance procedures on a daily, weekly and annual basis. Article V. Miscellaneous 5.0 Effective Date. This agreement shall be effective when duly approved and executed by and on behalf of the County and the City. 5.1 Amendments. This agreement can be amended or otherwise modified only by mutual agreement and express consent of the parties. 5.2 Duration. This agreement shall have a duration which runs concurrently with and terminates simultaneously with the Lease contemplated in paragraph 1.1 together with all renewals and extensions thereof. 5.3 Miscellaneous. Each party to this agreement further agrees as follows: (a) Without further consideration, each party shall at any time, and from time to time, execute and deliver to any other party such further documents, and take such other