This agreement made this _______day of ______________, 2004, by and between the CITY OF CHARLOTTESVILLE (“City”), a municipal corporation, and the COUNTY OF ALBEMARLE (“County”), a political subdivision of the Commonwealth of Virginia, and collectively referred to as the “Parties”.
WHEREAS, the City and the County, either separately or jointly, are owners of property generally located at 411 East High Street, Charlottesville, Virginia, and more commonly referred to as the Juvenile & Domestic Relations District Court (J&DR) facilities; and,
WHEREAS, the City and the County are contemplating renovations to and expansion of the J&DR Court facilities, to enable the Court to meet the current and future needs of the Charlottesville – Albemarle community; and
WHEREAS, the City and the County intend to share the costs associated with the renovation and expansion of the J&DR Court facilities, and the costs associated with the acquisition of additional properties needed for the Court expansion; and
WHEREAS, the City and the County intend to share in the costs associated with the maintenance, repair and upkeep of the J&DR Court facilities.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
I. THE PROPERTY
As used herein, the term “Property” shall include the following:
· J&DR Courthouse – a three-story building, directly fronting East High Street;
· Sheriff’s Annex – a two-story building with basement, immediately north of the J&DR Courthouse;
· Maintenance Building – located immediately north and attached to the north side of the Historic Jail;
· City-owned surface parking lots designated on City Real Property Tax Map 53 as Parcels 27 and 28;
· Property located at 401 and 407 East High Street, designated on City Real Property Tax Map 53 as Parcels 30 and 31, and a 15-space parking area located at 417-419 Park Street, which is a portion of Parcel 34 as designated on City Real Property Tax Map 53, which the parties intend to acquire for use as J&DR Court facilities; and,
· The Levy Opera House and associated surface parking, located at 350 Park Street, which the City has leased as a temporary location for use as a J&DR Court facility.
The term “Property”, as used herein, specifically excludes the historic stone Jail and the Jailer’s residence, located immediately west of the Sheriff’s Annex and not contemplated to be a part of the J&DR Court expansion and renovation project.
II. RENOVATION, EXPANSION & ACQUISITION:
1. The City and the County have engaged Moseley Architects to prepare design documents for the renovation and expansion of the Property.
2. The City and the County agree that all costs associated with the lease, operation or alteration (including design costs) of the Levy Opera House, as detailed in the “Levy Opera House, Development, Construction and Operations Budget, dated August 11, 2003 and as later revised (Exhibit A) will be allocated in accordance with the “Court Cost Allocation Summary” (Exhibit B).
3. The City and the County agree that all costs associated with the design and construction of the Courts Facilities, as detailed in the “J&DR Development, Construction and Operations Budget”, dated April 7, 2003 with revisions (Exhibit C) shall be allocated in accordance with the “Court Cost Allocation Summary” (Exhibit B).
4. The City and County agree that the management of design and construction of the Courts
Project, to include Levy modifications, shall be in accordance with the “Project Management Plan”, dated November 25, 2003 (Exhibit D).
5. The City and County agree that all costs associated with the acquisition of title to the properties located at 401 and 407 East High Street, and a portion of the property located at 417 – 419 Park Street, including but not limited to the costs of appraisals, surveys, title examinations, recording fees, attorney fees and consideration for the conveyances, as detailed in the “J&DR Development, Construction and Operations Budget”, dated April 7, 2003 with revisions (Exhibit C) shall be allocated in accordance with the “Court Cost Allocation Summary” (Exhibit B); provided, however, that the County shall not be required to share in attorney costs for the voluntary acquisition of title to any of the above-referenced properties.
6. The City and County agree that the City shall receive a fiscal agent / management fee of two percent (2%) of the annual operating and capital budget as compensation for its assumption of fiscal and project management responsibilities. The City may deduct the two percent fee from its required funding contribution each year.
III. GENERAL MAINTENANCE:
IV. PARKING GARAGE OPERATIONS:
1. The City shall be responsible for the general management, operation and maintenance of the new three-level parking garage, currently under design and proposed for construction on the Property. Said management shall be in accordance with a written garage operations program, approved in advance by the parties, that shall reflect the respective ownership and operational goals of the Parties. The City and County agree that the costs of operation and the allocation of revenues, if any, shall be shared in a manner consistent with the allocation of construction cost for the garage. Said garage operations program shall be reviewed periodically by the Parties and be subject to change to reflect changes in use or operational requirements.
V. ANNUAL FUNDING:
This Agreement is subject to annual funding by the governing bodies of the City and County. In the event that the City of Charlottesville City Council or the Albemarle County Board of Supervisors fails to appropriate sufficient funds as may be necessary to meet the obligations specified in this Agreement and other contract documents, this Agreement shall be deemed cancelled, with no penalty to either party, and of no effect. In the event of such termination the City shall be relieved of all management, upkeep, repair and maintenance obligations specified in this Agreement.
IN WITNESS WHEREOF, the governing bodies of the City and the County have approved the execution of this Agreement by the following authorized officials.
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