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2 <br />ERCD department head has requested the department remain at the Planning and <br />Agriculture Center on Revere Road in order to maximize shared resources and <br />supervision. <br />Construction RAanager at Risk Agreement <br />A technical amendment is requested to the Construction Manager at Risk Agreement as it <br />respects how the contract is bonded. <br />Parking Deck <br />The Board is also requested to approve a Lease Agreement for use of 200 spaces in the <br />409- space parking deck associated with this project. (Attachment #3) Under the original <br />Letter of Intent with Telesis the .County would have licensed spaces for $1 per year per <br />space ($200), plus $65 per space per year for maintenance ($13,200}. This license <br />arrangement was in place for parking deck spaces utilized during the County's lease of <br />Units 200 and 300 of the Gateway condominium. <br />After considerable discussion, a lease (vs. license) was determined to be the better <br />alternative to ensure the spaces remained available with long-term certainty, since a lease <br />will survive changes in ownership. The proposed agreement also gives the County the <br />Right of First Refusal to purchase the entire parking deck if the owner chooses to sell it <br />before the expiration of the lease term. A license does not create an interest in land, but <br />is a grant of the right to use the spaces which is personal to both the lessor and the <br />lessee. In the final analysis both staff and the Attorney felt the additional approximately <br />$15,000 per year for reimbursement of direct operating expenses attributable to the 200 <br />spaces in the lease {see Section 1.2 of Attachment # 4} far outweighs uncertainty <br />associated with a license. Further, since the County has, in effect, paid for the long-term <br />use of the spaces through the cost of the office building, library and Gateway Center <br />condominium units, the idea of a lease vs. a license became important in developing the <br />financing plan because the forty-year lease can be financed whereas that option may not <br />have been available for a license. As a point of reference, sharing the parking deck <br />operating expenses in this manner is similar to how the Gateway Condominium expenses <br />will be managed now that the County owns Units~200 and 300 of the condominium. (The <br />closing on the County's purchase of those condominium units was February 25, 2009.) <br />Employees working in the office building, library and Gateway Center will park in <br />designated spaces on the deck, leaving approximately 43 surface parking spaces <br />available to customers and visitors to the buildings. Due to the proximity of these free <br />spaces to the Courthouse and to other downtown retail establishments, monitoring this <br />parking to ensure it is available far the County's customers will be important. The <br />personnel hired to monitor the deck parking will assist the County in monitoring the 2-hour <br />parking time limits on surface parking as well <br />It is further noted that such expenses as depreciation, debt service, taxes, supplies for the <br />paiicing fee collection and other expenses strictly associated with the owner's operation of <br />the deck are not included in the operational expenses assessed to the County {see <br />Section 2.1 of Attachment #4} <br />