Agenda - 12-05-2005-5l - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 5, 2005 Action Agenda Item No. 5_ I SUBJECT: SportsPlex Management Agreement and Purchase Agreement Amendment DEPARTMENT: Manager/Attorney/Finance/ PUBLIC HEARING: (Y/N) No Purchasing/Budget ATTACHMENT(S): INFORMATION CONTACT: Purchase Agreement Amendment Rad Visser, 245-2300 Management Agreement Geof Gledhill, 732-2196 Table - "2 Year History" Ken Chavious, 245-2453 Pam .)ones, 245-2652 Donna Dean, 245-2151 PURPOSE: To provide final approval of an agreement with Recreation Factory Partners to provide operational management of the SportsPlex, and to approve amendments to the agreement to purchase that property from RT Holdings, Inc, (RT Holdings is a corporation created by Eaton Vance for the purpose of owning and operating the SportsPlex). BACKGROUND: Throughout 2005, the Board of Commissioners has received status reports and made numerous decisions regarding the planned acquisition and fixture management of the Triangle SportsPlex property. Subject to approval by the North Carolina Local Government Commission (LGC) on December 6 of the financing arrangements, the County expects to close on the SportsPlex property on or about December 16, 2005. The County's intent is to provide ongoing SportsPlex management, after closing, by contracting far these services. At this December 5 meeting, the focus is on the following three aspects of the SportsPlex acquisition: Amendment to Purchase Agreement The Board is requested to approve the accompanying amendment to the original agreement to purchase the property. One change recognizes the practical need for closing on the property in December 2005, because LGC review could not be scheduled earlier than December 6, 2005. The original agreement contemplated closing no later than November 2005, A second change incorporates language that recognizes RT Holdings' responsibility to cure (or pay for curing) a material defect in the property identified during the County's due diligence review of the proposed property transaction. As reported for the BOCC's October 3, 2005 meeting, the architects discovered during preparation of the County's development application for the senior center addition that there is an existing condition defect with the facility site, The defect regards unsatisfactory ADA (Americans with Disabilities Act) accessibility (as governed by the Federal statute and enforced by the local building code enforcement), The defect involves the site only, and no interior ADA issues were identified. RT Holdings has agreed to provide additional cash payment to the County at closing of $28,500.. The ADA defect will be corrected as part of the construction of the senior center expansion. The cash payment will reduce the County's cost of the construction of the senior center expansion,