A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A 20-YEAR AGREEMENT WITH PINES COMMUNITY CENTER, INC. TO INSTALL AND MAINTAIN PLAY EQUIPMENT ON PROPERTY OWNED BY PINES COMMUNITY CENTER, INC. (2006-03-27/R-4)
WHEREAS, on March 22, 2004, Damita J. Hicks presented a petition to the Council that requested that the Town use two parcels of Town property adjacent to the Pine Knolls Community Center for recreation purposes; and
WHEREAS, the Council has subsequently determined that the best project at this time would be to replace the existing play structure on the Center’s property; and
WHEREAS, the estimated cost of $18,000 of Community Development Neighborhood Revitalization funds could be made available for this project; and
WHEREAS, Pines Community Center, Inc. has agreed to terms that would assure public access to the play area;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute an agreement with Pines Community Center, Inc. for the purpose of using Town funds to install play equipment on property owned by Pines Community Center, Inc., under the following terms:
Pines Community Center, Inc. would allow the Town to access its property for the purposes of preparing the site, installing play equipment, and maintaining said equipment over the life of the agreement. The public would have use of the play area during daylight hours, when the play area was not in use by Pine Knolls. Pine Knolls would make the play equipment available to the public a minimum of four hours on a daily basis and would only restrict public use during specific times that are needed for Pine Knolls special events and programs.
The Town would be considered the owner of all play equipment on the site purchased with Town of Chapel Hill funds. At the conclusion of the agreement Pine Knolls would become owner of the equipment.
The Town would maintain the equipment while Pines Community Center, Inc. would be responsible for daily trash removal in and around the play area.
Pines Community Center, Inc. would maintain a General Liability insurance policy in the amount of $1,000,000.
The Agreement would continue for a period of 20 years from the date of execution of this Agreement.
This the 27th day of March, 2006.