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Home My WebLink About2004 NS ERCD - Fairview Master Plan Memorandum of Agreement Drab f~12~1~~ STATE OF NORTH CAROLINA COUNTY OF ORANGE MEMORANDUM OF AGREEMENT TOWN OF HILLSBOROUGH COUNTY OF ORANGE REGARDING PLANNING FOR FAIRVIEW PARK, COUNTY PARKS OPERATIONS BASE AND TOWN AND COUNTY PUBLIC WORKS FACILITIES ~'~IS ~R~EMBI~~`~ made and enfered into between the Fawn of Hillsborough, forth Carolina, a North Carolina municipal corporation, l0I fast ~~r~ne Street, Hillsborough, forth Carolina 2'275 ~here~nafter referred to as the "Town"}, and grange bounty, a body politre and carparate, a Political subdivision of the State of North Carolina, 200 South amerazx Street, Hillsborough, North Carolina 27275 ~hereinafler referred to as the "bounty"~, for the faint development of a Park and public facility campus. w~~'NSSE~TH wHBRBA, the parties to this agreement are public bodies, polltlc and corporate, under the laws ofthe State ofNorth Carolina; and -I~R~A, the parties are vested ~tth the power and a~~thorit~ to are and irr~p~~ove real estate for recreational and other public purposes; anal wHERE1~, the ~`airview area of ~Iiltsborough has a designated park site thereafter "the ~aix-view parr site"} that was established as part of the Ommunity Revitalization effo~~t funded through arnunity Development block grants in the ~ ~S~s, anal identified in bath the bounty and Town on~prehensi~e Plans; and wH~RA, limited facilities have been constructed at the Fairview park site, including a playground and playing field; and wH~R~A, the 2001 Parr and open Space Bond for grange Jaunty included $~D,0~0 for planning and construction of ~h.e ~'aiie~v park site; and w~ER~A, the Town and bounty bath own propez~ty ~nclud~ng and 1n the immediate v~c~n~ty of the Pairv~e~v park s1te, including the grange bounty public works facility, totaling 2 acres; and wHER~,AS, the Town and bounty recognize the utuai benefit and interest of the parties hereto, and to the public generally, ~n the construction of park and corrzun~ty fac~lrtles an the 4 Drab 10l~ 514 Fairview park site and other Town and ount~ owned property ~~. the vicinity of the Fairview park site; and wPIBAS, it is recognised ~~ both parties that the~•c are limitations imposed by safety cansieratians caused by the Fairview park site's previous use for v~aste~disposal purposes, as addressed in part by a ea~technical report {~;deport al` ~J~Otechnlcai Fvaluatior~, dosed Hillsborough Landfill Site, duly 19, ~a~~"~ in 1 ~~; and ~~~, the partles recognl~e the ut~al bene~"~t In the ount~' aetlrl ~~ the lead entity 111 the construction and financing of` facilities at the Fairview park site {but nat tb.e To4~n's proposed Public 'forks fac~~ity}, to be built with funds fxo the ~~~ I bond amount of $SS~,a00; and wHE~E.AS, the laws of the State of Forth aralina provide that the parties hereto Wray contract, far the faint design, construction, development and use of fae111t1eS f`ar the stated public purposes; and w~B~EAS, the parties hereto agree to allow master pruning for the future construction and use of all of the three properties identified on the neap in Attachment 1 to be developed and programu.ed for public activity as one unit meeting Mutual needs contingent on future appravai of plans far the properties by the en~l or entities having jurisdiction to approve such Mans; and w~EREAS, the funding for any additional faciiities ar activity at the Fairview park site {beyond tre SSO,aD4 currently appropriated by the County for Phase II of the parks Dili be addressed b~ the County anal Tawr1 in a n~~utually~areeable fashion at a later date; ~~, TPIEEF~RE, in consideration of the foregoing and of the rnutuai p1•omises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ~. P~C~S FAR PLA~NI~ D~f~ ~~ P~~ ~~TY PARS ~P~~A'~f ~ 8~ ADD T~ Al~~ ~~NTY PUB~f ORI ~AYf~I~~I~;S The process for pla~irning and d~signl~.g the Fa11'view park site, County Parks operations Base and Town and Caui~ty Public works faciiities will encalnpass the land currently owned by both the Town and bounty in the immediate vicinity of the Fairview park site {as sham in the wrap in Attachment 1 ~. Together these parcels represent approx11r1ateiy ~~ acres and are hereinafter collectively referred to as "the Site.i' The Planning fa~+ the Fairviev~r Park and County Parks Operations Base will focus on the park, but viii also consider ant address, to the extent possible, the interests of both the Town and County to locate additional, fa~illtl~s on the property, such as the County parrs Operations Base and Town and bounty Public works faciiities. The County and Town will appoint, as soon as practical, a Master Plan Committee to develop recommendations for the design. and use o#' the Site. The Committee shall be appointed by Drab ~ a~~J~a~ appraval of bath Jaunty and Town ,Boards of Cammissianers, and shall consist of the follawing charge and rnernbe~•ship; A, ~ARG~ to the 1V~aster Plan am~ittee~ Develop ~ 1Vlaster Plan for the bite, within the framework ol` ~~~ operating guidelines ar other instructions as offered by the elected Boards, to include the following; l , A. map of the bite with the design far the Fairview Park, including proposed buildings, playing fields, roads, parking, other f acilities, amen~tles, infrastructure locations, vegetative cover, hydrology and other components that are camn~only included In ~ park or public faclllty concept planF The map of the ~ bite shall include existing and planned huildin.gs of the Jaunty Parks operations Base and the Town and bounty Public forks facilities; Planning of the bounty Parrs operations Base and the Tawn and Jaunty Public works facilities is limited to the location of buildings, xoad, parl~ing anal other infrastructure ~. A written report autli~~ing the proposed uses, the design rationale, description of work group process, natural and cultural features, means of soliciting corr~munity input, the potential future phases, and construction cost estimates. If needed, the report should also Include a phasing plan, showing haw the Fair~ie~v Park and other pul~l~e facllltl~s could ~~ developed over t~n1e 1n ~ cost-efficient fashion 'The repot should address and recagni~e the limitations impaled by safety cons~deratlar~s caused ~ the Fa~r~~ew park s~te~s pre~lous use far waste~disposal, as addressed inpart by a geo-technical report prepared in f99 ~"Depart of eatechr~ieal ~valuatior~, lased H1llsbarough ~andflll lte, July ~ 9, 20DD"}. Fuher recommendatio~is may be needed to address phased re~nediatian of portions of the Fairview park site 4. The Master Plan should address co-lacatlan of e~stlr~g and future public faclllt~eS and provide for a synergy and compatibility of uses between park functiorxs and other public fur~ct~ons wherever possible. ~. The amrnittee should review the "olds' l9SS Faiiew Park ancept Plan as part of the faster Plan anti deterr~~ine its validity, if any. ~, ~P~~TA~TII~ ~F ,~T~__~~A~~ F~NA~ _~R~~UT 1 ~EE~~IIP ~F N~A~TER PLAN ~~'I~'~'~EE Product ,A faster Plan ~~eport and rnap, as described above, Timefra~ne foar Prodact; by Se,~~er~~~e~; X005 Final steps; once completed, the faster Plan will be submitted to both Boards of o~nmissianers l`or approval. The Boards may approve the Plan, remand it back far further work, ldent~fy revls~orls and alternatives, D~` decide not t0 pursue the 1Vlaster Planf draft IO1~51~4 Pxo~oscd lebe~ship of I~Ia~tex Phan ~om~nittee; grange County omis~a~~rs ~ Hi llsboraugh Tawn Comissioner member, H111sborough Parrs ~~ Recreatlon omn~~ss~or~ ~ member, grange County .ecreation and Parks Advisory Council COmm~lnlty cltl~e~ls '~af~ f ~~~~s~~~~ce ~o ~~~~ o~~ri~~e ~~~~~ ~e ~~ovic~~ joir~~~ ~y ~r•a~~ge '~r~~y a~c~ ~~~~ ~'o~v o i~~sbo~~o~~~~, r~~c~~~~r~g ~e ~ou~~y ar~~ ~o~~x ~~a~age~•s for ~~~ei~• dsr'~es~, ~~~~~ ~~et~ -~pac ~esir~ pcr'a~rst, 'ou~~~y ~ecra~o~r ~~~d ~'ark~ ~~iae~~~t ~i~•ec~~~; Co~tzty ~~vir•o~~~r~r~~ ar~~ .~~sou~~ce o~~s~•vti~rr ~i~~e~~o~, ~'or~ ar~d o~t~t ~'~a~r~ir~ ~ir~c~or•s, o~~r a~ ~'on~~ ~~~~~~~e~•s, 'o~ .Pr~ch~sin ~i~~cto~, a~ a~~ter• s~~ff `rr~~~~~brs as s~~a~I e ~e~r~~e~ ~~~cssar~. operating principles for the faster Plan Coniee should include the following: . The ~o~ittee should review and consider the 1 ~~S Concept Plan and deterrnine its validity and usefulne~~ 2, The Committee should co~slder 1n~pacts ors ~~~~ ~OUnty Parks ~peratlons ~~~~ and the Town and Counter Public warps faclllties in developing the a.ter Plan, incorporating these facilities into the scheme of the faster Plan as far a practical. 3. The ~rr~nlttee is asked ~o address and site the fallowing ~ ~~~`~ of the Master Plan. Active and low»impact recreation facilities Provision of bufl'e~~ for ad~aini~a ~e~gh~orl~aads Protection. of sensitive natural resource lands deflect existing and proposed County Parks operations Base and Public works ~`acilitie and the xr~fi~atr~ct~re necessary far these facilities 4. The ammittee should not address the following facilities as part of the pastor Plan; grange County Public works expansion or a Tow~i of ~illsbarouh Public words facility ~ beyond the Site infrastt-ucture design and designating the areas far such activities o~ the ll~aster Plan County Parks operations base -~ beyond the bite infrastructure design and designating the areas for such activities on the Master Plan 3~ PROCESS ~~R ~~5'~~~TY~N ~P~RAT~~N~ A~] NI~.~NTEI~A~~ A PRORAI4~ING ~~ SITS The Master Plan Committee shall recornm.end the fallowing with respect to a further interlaeal agreement between the Town and County: 1. the roles and respo~i1bi11~1es of the park and facility construction process; ~, The roses aid ~'esponsibilit~es for operation ~nalntenr~ce of the paz'1~, including contributions for operation and maintenance; 3. The roses and responsibilities ~'or programming of the park Drab 1al~~1~4 4. If desired, mechanisms far funding of additional facilities in Master Plan beyond the Caunty~ BO,~aa far tl~e park ~, Process far deciding l~a~~ to embarl~ an next phases, joint agreerr~ent, eta, ~. A~~E~~~E~T This agreement n~a~ be arneded ~ mutual written agreement of the Taman end aunty TERNS This agreement shall terminate ~~} upan the decision ~ the ~aards of on~rniioners of the Town and aunty an the faster Plan, adaptian a~` u Torn and aunty construction and aperatia~~s ir~terlocal agreement and the "sunsetting" of the Master Phan Committee, ar fib} sixth ~~~} dais after either prt~ serves rltten notice on the other of xt~ intention to terminate the a~ree~ent. G. I~ERN~E~T.AI~ APPRI~~AE; othlr~g 1n thls Agreement shall ~~ construed ~~ v~a~~~ng, n~odif~ing ar granting and local ga~ernrnent permits ar appra~als ~~hich mad ~e necessary for the development ndlar constriction a` and facilities or impra~ements, nor shaii it be construed as creating any additional permit ar approval process beyond that pro~vlded zn the applicable local laid rise rer~Ytians, It is cante~~.~lated that the Caunty gill be responsible for seeking and obtaining such local a~eaent approvals as nay be necessary far an~r work undertal~en pursuant to an approved ~Viaster Plan, T~.e pad responsible far t1~15 ~vark Shall be ldentl#ied in a subsequent interlacal agree~nent~ 7. ENTIRE AREEN~ENT; This Agreement ca~7stit~~tes the entire Agreement of the parties hereto, ~t'~ ~ ~~~~~~~ I~ 1T~TE -I~R~F, the parties to this Agreen~ent have duly and validly approved it and caused it to he executed in their hel~alf by the undez~signed agents. This, the xst day ofepternher, xxxx. T~~ ~' ~I~~B ~R~~ Mayor Attest; Tov~n Clerk Appxoved as to fog and authorization; Tc~n Attorney CC~]~VT~ ~~ ~RAN~ chair grange County or~missioners Attest: ~7or~a Baler, ~lerl~ to tl~e Board App~o~ed as to ~'o~. and autho~~ization; bounty Attorney This Agreernen.t has been pie-audited ~n the man~e~ z~e~uired by the Focal Coverret~t Budget and Fiscal control Act. finance Director 7sg:orar~geco~ntylfairvi~v~f rn~a-2rcvise~ ds f~rtt~er rev ~y CEO c]~an.€iac