Council defers vote on complex
By Ethan Smith
Published in News on October 6, 2015 1:46 PM
The Goldsboro City Council voted unanimously Monday night to defer action on a lease agreement between the city and the U.S. Air Force that would allow for the construction of a multimillion-dollar sports complex on Oak Forest Road.
The project to lease more than 67 acres of land from the base will be brought back to the city council at a later date.
The decision came during the council's 5 p.m. work session during which Councilman Gene Aycock said he had questions about the lease agreement and that he felt the council had not had enough time to know what they were agreeing to since a copy of the lease was only made public Monday morning.
"I don't think any of us have had time to look over it in detail," Aycock said. "I don't want us to make decisions right now that we may regret in the future. Let's not jump into it. Let's make sure whatever we do, we can feel comfortable."
City Manager Scott Stevens said after the council voted to defer taking any action that he felt a delay would not harm the progress of the construction of the complex.
The life of the lease is for 20 years from the date it is signed by all parties involved and can only be extended in 10-year increments.
Under the released draft of the agreement, the initial construction calls for six natural grass fields and two artificial turf fields, all built to the size of a tournament regulation soccer field.
The city would be solely responsible for the cost of construction, installing utilities, maintenance of the complex and, when the lease expires, the demolition of the sports complex. Initial construction costs are estimated to be between $6 million to $8 million and, if all the fields are eventually converted to artificial turf as intended, could reach $12 million.
Under the terms of the lease, the city would also be required to build, and be held responsible for the cost and construction of, a 2,500-square-foot addition to the SJAFB gym, which is expected to cost $600,000 and must be completed within two years of the lease being signed.
The city would be required to set aside funding for the demolition of the complex with no later than one year remaining on the lease agreement.
If the city fails to secure enough money to build the complex within 30 days of the projected construction date -- which is July 1, 2016 -- then the lease is automatically terminated.
Section 8.02 of the lease agreement also states that the city will be solely responsible for any liabilities, losses, suits, claims, demands, judgments, fines, damages, penalties, costs and expenses arising from any damage or destruction caused to the property, and the death or injury of any person during the development, use, occupancy or maintenance of the complex.
This means the federal government is protected from any lawsuits or costs associated with the use of the sports complex that might arise from personal injury or death on the property, as well as any property damages or destruction caused to the complex.
City attorney Jim Womble said that a clause like this is standard and normal in leases of this nature.
If any property damage or destruction is caused to the complex, the city will have 180 days, or six months, to repair the damage or destruction of the property to the state it was in before the damage occurred. Should the repairs to the property that arise from any damage or destruction of the property be expected to take longer than 12 months, either party is allowed to terminate the lease.
Parameters for the use of the complex are also clearly stated in the lease. The city must give SJAFB exclusive use of at least two of the fields for 40 hours each month. At least 10 of those 40 hours must be after 4 p.m., Monday through Friday, or at any time during the weekends.
In turn, the city will get a maximum of 90 days of exclusive use each year for tournaments that require all eight fields to be used.
In order to lay out a "joint-use schedule" for the complex, the 4th Force Support Squadron Commander will be required to meet with the city's Parks and Recreation Director twice per year to form a schedule that forecasts what the fields will be used for 18 months into the future following the meetings.
There is also a clause that allows the government to keep the sports complex for itself at the termination of the lease, but will be required to provide notice to the city one-year in advance if it wishes to do so.
In the event of a dispute between the city and the Air Force regarding the complex, a mediator can be used to resolve the issue, But, according to section 12.08 of the lease agreement, the Deputy Assistant Secretary of the Air Force will have the authority to issue a written, final decision for any disputes that may happen.