HomeMy WebLinkAbout2009-078 ERCD-Orange Co and Duke University regarding Utilization of Former Water Supply Well,-
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
AGREEMENT
DUKE UNIVERSITY
and
COUNTY OF ORANGE
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REGARDING UTILIZATION OF FORMER WATER SUPPLY WELL
THIS AGREEMENT, made and entered into between Duke University, a North Carolina
nonprofit corporation with an address of Campus Drive, Durham, North Carolina 27705
(hereinafter referred to as the "University"), and the County of Orange, a North Carolina
municipal corporation, 200 South Cameron Street, Hillsborough, North Carolina 27278
(hereinafter referred to as the "County"), for the utilization of a former water supply well on
University property for observation by County.
WITNESSETH
WHEREAS, the parties are vested with the power and authority to own and improve real estate
for educational, research and other purposes; and
WHEREAS, Duke University owns a teaching and research forest known as the Duke Forest,
which is used for educational and research purposes, which consists of several divisions,
including the Blackwood Division located in southern Orange County; and
WHEREAS, Orange County is interested in monitoring groundwater conditions across the
County, and as such, intends to develop the Orange County Groundwater Observation Well
Network, an assemblage of observation wells located across the County; and
WHEREAS, the County and the University recognize the mutual benefit and interest of the
parties hereto, and to the public generally, in the operation of the proposed Groundwater
Observation Well Network; and
WHEREAS, the laws of the State of North Carolina provide that the parties hereto may contract
and provide for the joint use of facilities for the stated purposes; and
WHEREAS, anout-of-service water supply well identified on the map attached as Exhibit 1
hereto ("OOS Well") is located off Eubanks Road in the Blackwood Division of Duke Forest;
and
' County of Orange and Duke University Agreement
September 15, 2009
WHEREAS, the parties hereto wish to agree to allow the use of said OOS Well, for part of the
proposed Orange County Groundwater Observation Well Network, an association of
groundwater observation wells throughout Orange County intended to permit monitoring of
groundwater conditions in the County; and
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and
obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. OPERATION AND MAINTENANCE OF SITE
University hereby contracts with County to operate and maintain the OOS Well
identified in Exhibit 1 in the Blackwood Division of Duke Forest for the primary
purpose of the collection of groundwater level information. Additionally, the well
may be used by County for the collection of water quality samples.
The County will be solely responsible for maintenance of the OOS Well in the
Blackwood Division of Duke Forest, near Eubanks Road, identified in Exhibit 1.
This includes any repairs which may be necessary to the well or well house to permit
ongoing operation of the well. Orange County will be responsible for the security of
the well as well as the proper use of the well to achieve the stated goals of the Orange
County Groundwater Observation Well Network.
2. ADDITIONAL DETAILS
A. CASUALTY AND LIABILITY INSURANCE: It is understood and agreed by and
between the parties hereto that each party shall carry such casualty and liability
insurance, or programs of self-insurance, as will protect its interests in said facilities, and
protect itself in the event of injury to persons or property involved in the use of said
premises by said party. Duke University shall be named an additional insured on the
liability insurance, but only with respect to acts or omissions of the Named Insured. Each
party shall furnish to the other party upon demand, satisfactory evidence of insurance.
B. INDEMNITY: Each party hereto shall, to the extent allowed by law, indemnify and hold
harmless and defend the other parties, their agents and employees from any claims, cost,
expense, liability, action or judgement, including attorney's fees, arising out of or related
to any personal injury, death or property damage with respect to its use of the premises,
except to the extent the same are caused by the negligence or misconduct of another party
or parties.
C. USE BY OTHER PARTIES: Use of this former water supply well by other parties
shall be limited to the possible collection of geological and geophysical information, as
well as the collection of water samples for the determination of water quality information.
County of Orange and Duke University Agreement
September 15, 2009
The County will be responsible for coordinating and supervising any such investigations.
Further, the County will share any and all data collected with the University.
D. AMENDMENTS: This agreement may be amended by mutual written agreement of the
University and County.
TERM: This Agreement shall exist and continue for a period of twenty (20) years,
beginning October 1, 2009 and ending September 31, 2029, subject to the right of
either party to terminate at any time upon six months' written notice to the other
party. It is the intention of the parties, as long as this Agreement remains in effect, to
review it every five (5) years (beginning in October 2014) to determine whether the
agreement is serving its purpose to the satisfaction of both parties.
E. GOVERNMENTAL APPROVALS: Nothing in this Agreement shall be construed as
waiving, modifying or granting any local government permits or approvals which may be
necessary for the development and/or construction of any facilities or improvements.
The County is responsible for seeking and obtaining such local government approvals as
may be necessary for the intended work. In the event the County's tax office imposes a
real estate tax or other fee as a result of this Agreement, it shall be paid by the County.
F. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement of the
parties hereto.
IN WITNESS WHEREOF, the parties to this Agreement have duly and validly approved it and
caused it to be executed in their behalf by the undersigned agents.
This, the 15th day of September, 2009.
DUKE I` RS
COUNT F O
.
Chair
Ora e Co ty Commissioners
Attest: Do na Baker, Clerk to the Board
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Title:~n
Approved as to Form and authorization:
County of Orange and Duke University Agreement
September 15, 2009
'~
Coun~t~- Attorney
This Agreement has been pre-audited in the manner required by the Local
Government Budget and Fiscal Control Act.
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