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Home My WebLink About2009-077 ERCD-Orange Co and University of North Carolina at chapel Hill regarding Utilization of Former Water Supply Well~ri. STATE OF NORTH CAROLINA COUNTY OF ORANGE MEMORANDUM OF AGREEMENT THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL and COUNTY OF ORANGE REGARDING UTILIZATION OF FORMER WATER SUPPLY WELL THIS AGREEMENT, made and entered into between The University of North Carolina at Chapel Hill, a North Carolina educational university, C/O University Property Office, 103 Airport Dr., Suite 128, Campus Box 1060, Chapel Hill, North Carolina 27599 (hereinafter referred to as the "University"), and the County of Orange, a Body Politic and Corporate of the State of North Carolina, 200 South Cameron Street, Hillsborough, North Carolina 27278 (hereinafter referred to as the "County"), for the utilization of a former water supply well. WITNESSETH WHEREAS, the parties to this agreement are public bodies under the laws of the State of North Carolina; and WHEREAS, The University of North Carolina at Chapel Hill has a former seismic research facility located off Ray Road, 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 utilization of this well and 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 agree, each with the other, for the joint use of facilities for the stated public purposes; and WHEREAS, the parties hereto agree to allow the use of the water supply well at the former Gerald R. MacCarthy Geophysics Laboratory identified on a map attached hereto as Attachment 1 for part of the proposed Orange County Groundwater Observation Well Network, an {00026835.DOC} County of Orange and University of North Carolina Agreement September 15, 2009 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 The County will be solely responsible for maintenance of the well at the former Geophysics Laboratory. 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. The well at the former Geophysics Laboratory will be utilized by the County mainly for the collection of groundwater level information. Additionally, the well may be used for the collection of water quality samples by the County. 2. ADDITIONAL DETAILS A. CASUALTY AND LIABILITY INSURANCE: It is understood and agreed by and between the parties hereto that the County shall carry such casualty and liability 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. The County shall furnish to the University upon demand, satisfactory evidence of insurance. The County acknowledges that University does not carry liability insurance and its liability for property damage or personal injury to third parties shall be governed by the North Carolina Tort Claims Act (NC General Statute 143-291 et. seq.) B. INDEMNITY: To the extent allowed by law, County shall indemnify and hold harmless and defend the University, its 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 arising out of its use of the premises, except to the extent the same are caused by the negligence or misconduct of the University, its agents and employees. 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. The County will be responsible for coordinating and supervising any such investigations by other parties only after notice to the University and obtaining its approval of such other party investigation. D. AMENDMENTS: This agreement may be amended by mutual written agreement of the University and County. {00026835.DOC} 4 County of Orange and University of North Carolina Agreement September 15, 2009 E. TERM: This agreement shall exist and continue for a period of twenty (20) years, beginning October 1, 2009 and ending September 31, 2029. Provided however, that the parties will review this Agreement on or about September 1, 2014 and every five (5) years thereafter, to determine whether the Agreement is operating in a manner that is satisfactory to the parties. In-depth review of the Agreement, re-negotiation of the provisions or termination of the Agreement by either party will be possible at these intervals. F. GOVERNMENTAL APPROVALS: Nothing in this Agreement shall be construed as waiving, modifying or grating 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. Prior to seeking such local government approvals, County will provide the University a copy of any such applications for the University's review and approval. County shall allow sufficient time for University review and will incorporate any University comments or revisions into such applications. No new facilities shall be constructed on the University's property without the University`s written approval, which may or may not be granted at the University`s sole discretion. G. 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. ~~ ~ ~ ~~r Richard L. Marro Vice Chanali~r for f ~ ~~~~~' Fln~pa and-~Idmini>;Lratial Attest: ~G~c ~ S S ~' COUNT ORA. E f Chair Ora ge Co my ommissioners Attest: Do a Baker, Clerk to the Board {00026835.DOC} f County of Orange and University of North Carolina Agreement September 15, 2009 Approved as to Fornr~apd legal sufficiency: '' l J Co ' ty Attorney This Agreement has been pre-audited in the manner required by the Local Governme t Budget and Fiscal Control Act. Finance Di ect r {00026835.DOC} Figure _~__ Unive sitpooposeq O f No bSe~'ation FOrmer Geralq rth Carolina well Location M adowrthy Ge physi~l Hill parcel lark Lane s Laboratory Carrboro, NC f ._ V~~ ~~•` :i. _ ~:~ .. Y i' ~~ ~. ~ ~ ~ :.. 5 ~ ~. 5GJ f G~~ C c.A~% n y y ~ ..'4~~.~45....,. '~ r :9.I'~ ~ ~=~ .. 't ANC parcel bounds ~ ~- ' ~` ~ y~~ ~~ ~- ~ a, parcel bo ry '`-' °' .r~` ~ '~~ undary ~,a, ., ,~~. ~~ophotos o ~ -~:"': ~~ soo ?,ooo 2, 000 Feet _t. !~~ ~tti tai' Orange Coyne,. ERCD ~1yly 2n ~__