HomeMy WebLinkAboutAgenda - 04-10-2006 - 9cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 10, 2006
Action Agenda
Item No. C?-C,
SUBJECT: Proposed Interlocal Agreement for Hollow Rock Area of New Hope Preserve
DEPARTMENT: ERCD PUBLIC HEARING: (Y /N) No
ATTACHMENT(S): INFORMATION CONTACT:
Draft Interlocal Agreement from Durham David Stancil, 245 -2598
Map of Area to be addressed
Possible Timetable - New Hope
Preserve
PURPOSE: To consider an interlocal agreement between Orange County, Durham County, the
Town of Chapel Hill and the City of Durham regarding the joint acquisition of the former Erwin
Trace property and the master planning for the Hollow Rock Area of the New Hope Preserve.
BACKGROUND: In April 2005, Orange County, Durham County, the Town of Chapel Hill and
the City of Durham worked in conjunction with Triangle Land Conservancy and area landowners
to acquire a 44 -acre property from Duke University that had been proposed for a development
known as Erwin Trace. Approximately 11 acres of this tract is in Orange County and the Joint
Planning Area Rural Buffer, with the remainder in Durham County. The property is being
acquired by the four local governments, with funding assistance from the Clean Water
Management Trust Fund, TLC and other landowners. An option has been executed for this
purchase, which will be made over time, and closing on the 44 -acre property would not occur
until June 2008.
However, interest was expressed in proceeding with planning for the property and adjoining
lands that would link the parcel to New Hope Creek. In the summer and fall of last year, Durham
attorneys and staff created a draft interlocal agreement that would formalize the shares of the
joint purchase, as well as identify a master plan committee and master plan process for
planning for this property as well as adjoining lands acquired by Orange County and Triangle
Land Conservancy. This draft underwent a number of changes in the fall and winter of 2005,
and a new version has been prepared (attached).
Prior to and continuing throughout the last year, the County's Lands Legacy Program has
continued to pursue previously - planned acquisitions with Triangle Land Conservancy (which
predate the Erwin Trace acquisition efforts) to acquire priority lands along the New Hope
corridor. One additional acquisition that borders this property (the 7 -acre Hollow Rock
Trailhead) has been acquired by the County, and others are underway by TLC and Lands
Legacy.
The interlocal agreement would address the following items:
1. The respective jurisdiction's portions of the purchase of the former Erwin Trace property,
and the mechanism for reimbursements from grants received
2. The distribution and ownership of the property to be jointly acquired (Orange County
would hold title to the 11 acres lying in Orange County), and proposed adjoining
easements and purchases from the Penny family,
3. The process for master park planning of the Hollow Rock Area (including lands in Orange
County beyond the former Erwin Trace property), with the creation of a Park Planning
Advisory Committee to develop a draft master plan for consideration by the elected
boards. This committee would have 11 members (four appointed by Orange County).
The parties to the agreement would mutually agree on a time for the committee to begin
meeting,
4. The (former Erwin Trace) property will be maintained in a 'natural scenic condition' and
limited to open space, trails, parking and other low- impact recreation activities, and would
be open during daytime hours, and
5. The agreement may be terminated by any one party by providing written notice (as long
as no executable obligations are remaining for that party as per the agreement).
Following consideration of the agreement by Orange County, the Town of Chapel Hill, City of
Durham and Durham County would also consider the proposal. Upon completion of this review,
a final version of the agreement would come back for formal approval.
FINANCIAL IMPACT: Approval of the interlocal agreement would confirm the funding shares of
the former Erwin Trace property agreed to in April of 2005. The total cost of the acquisition of
this property from Duke is $1.5 million. Orange County's share of the amount is $200,000,
which includes $75,000 from TLC and $25,000 pledged from the Town of Chapel Hill in April
2005 to complete the purchase. Grants received for the purchase would reduce the County's
share by an estimated $73,000. The County has also since acquired the 7 -acre Hollow Rock
Trailhead property from Duke ($72,000), and is scheduled to acquire the 23 -acre Penny
property (funded primarily with an Ecosystem Enhancement Program grant of $111,000) later in
April. The County's share of the Penny acquisition is projected to be $13,000.
RECOMMENDATION(S): The Manager recommends that the Board approve the draft
interlocal agreement, subject to final review by the County Attorney and staff, with the
understanding that the draft agreement will be considered by the other parties and if changed,
would be returned for final formal adoption at a later date.
I
1 INTERLOCAL COOPERATION AGREEMENT
2 FOR THE ACQUISITION, PLANNING AND OPERATION OF THE HOLLOW ROCK
3 PORTION OF THE NEW HOPE CREEK PLAN
4 BY AND AMONG
5 THE COUNTY OF DURHAM, THE CITY OF DURHAM,
6 THE COUNTY OF ORANGE AND THE TOWN OF CHAPEL HILL
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THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into this the _
day of 2006, by and among the COUNTY of DURHAM, a political
subdivision of the State of North Carolina, hereinafter referred to as "Durham County", the
CITY of DURHAM, a North Carolina municipal corporation, hereinafter referred to as "City of
Durham ", the TOWN of CHAPEL HILL, a North Carolina municipal corporation, hereinafter
referred to as "Chapel Hill ", and the COUNTY of ORANGE, a political subdivision of the State
of North Carolina, hereinafter referred to as "Orange County'; collectively referred to as
"Parties ", This Agreement is made as an Interlocal Cooperation Agreement pursuant to Part I,
Article 20 of Chapter 160A of the General Statutes of North Carolina,
WITNESSETH:
WHEREAS, Duke University ( "Duke ") owns a 42.8 acre tract of land lying and being in
Durham and Orange Counties near the intersection of Erwin Road and Pickett Road available for
development ( "Property") further described as all that certain parcel of land located in Durham
and Orange Counties, North Carolina, owned by Duke University and shown by plat entitled
"The Preserve at Erwin Trace" prepared by Triangle Surveyors, dated August 25, 2004; and
WHEREAS, Crosland Inc, a development firm, contracted with Duke to purchase the
Property for residential development; and
WHEREAS, overwhelming and significant community commitment to save this Property
for open space purposes led to a grass roots effort to preserve the Property for open space and
park purposes; and
WHEREAS, in keeping with the surrounding ,jurisdiction's interest in protection of the
New Hope Creek Corridor, Durham County placed a reservation on the Property to evaluate and
determine the value and interest the Property has to the surrounding jurisdictions; and
WHEREAS, the Property is adjacent to additional lands being acquired for open space
protection purposes, including 23 acres owned by the Penny family (currently under option to
purchase by the Triangle Land Conservancy, referred to as the `Penny Tract'), 7 acres owned by
Orange County, 2 acres owned by the Triangle Land Conservancy and additional Penny lands
pledged for conservation easements, all shown on the map attached hereto and incorporated
herein, entitled Attachment 1; and
WHEREAS, Durham County, Orange County, the City of Durham, and Chapel Hill have,
by resolution, committed to participate in the cost of acquiring the Property in order to assure
that the Property is preserved for open space and low - impact recreational public use; and
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48 WHEREAS, based on the commitments received by the surrounding jurisdictions and the
49 community contributions, Durham County has entered into a Contract to Purchase to acquire the
50 Property from Duke University and preserve the Property for open space and low- impact
51 recreational use; and
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53 WHEREAS, the parties agree that there is a benefit derived from mutual planning for the
54 uses of the Property and the Hollow Rock Access area generally described in component 4 of the
55 New Hope Creek Open Space Master Plan; and
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57 WHEREAS, the County of Durham applied for and has been awarded a Clean Water
58 Management Trust Fund Grant in the amount of $1,112,000 dollars towards the acquisition of
59 the Penny Tract and acquisition of the Property which amount shall be distributed among the
60 participating jurisdictions in the manner described herein; and
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62 WHEREAS, the parties hereto desire to enter into this Inter-local Cooperation Agreement
63 to set forth their respective participation, obligations and rights related to the acquisition and
64 development of the Property and the surrounding open space areas.
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66 NOW, THEREFORE, for and in consideration of their mutual promises, Durham County,
67 Orange County, Chapel Hill and the City of Durham hereby agree as follows:
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69 1. Purpose. The purpose of this Agreement is to set forth the undertakings of the parties
70 hereto with regard to their respective contributions, obligations, and participation in the multi -
71 jurisdictional purchase and operation of the Property as well as to establish a Park Planning
72 Advisory Committee to develop recommendations for an overall plan for the Property and
73 adjoining properties in the Hollow Rock area, including the obligations of Orange County and
74 Durham County as they relate to the Penny Tract,
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76 2. Contract to Purchase. Durham County has entered into a Contract with Duke to
77 Purchase the Property for $1,500,000. Pursuant to the Contract to Purchase, Durham County is
78 obligated to pay to Duke $500,000 on or before July 15, 2005. The remaining $1,000,000 is due
79 at closing which will be on or before April 8, 2008, The Contract to Purchase is incorporated
80 herein by reference to it. A Memorandum of' Contract has been recorded in the Durham County
81 Register of Deeds Office at Book 4781 page 648 and the Orange County Register of Deeds
82 Office at Book 374 page 550.
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84 3. Financial Contributions toward the Acquisition.
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86 A. Durham County. Durham County agrees to provide the following financial
87 contribution toward the acquisition of the Property:
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89 $500,000, pursuant to the terms and conditions of the Contract to Purchase, which was
90 paid to Duke on or about July 15, 2005; and
91 $1,000,000 paid to Duke, pursuant to the terms and conditions of the Contract to
92 Purchase, on or before April 8, 2008, plus closing costs.
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94 Durham County's financial contributions shall be off -set by grant funds and other
95 contributions as set forth in paragraph 4 below.
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97 B. The Ci of Durham's Contribution. The City of Durham agrees to provide the
98 following financial contribution to Durham County towards the Acquisition:
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100 $75,000 paid to Durham County in three payments. It is hereby acknowledged that the
101 County of Durham has received a payment in the amount of $35,000 from the City of
102 Durham towards the City's total contribution for the acquisition, and that the City has a
103 remaining contribution amount of $40,000 as of the date of this Agreement of which
104 $15,000 shall be paid before August 1, 2006 and $25,000 before August 1, 2007.
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106 The City of Durham's financial contributions shall be off -set by grant funds as set forth
107 in paragraph 4 below.
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109 C. Chanel Hill's Contribution. Chapel Hill agrees to provide the following financial
110 contribution to Durham County towards the Acquisition:
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112 $100,000 paid to Durham County in three equal payments of $33,333.33. It is hereby
113 acknowledged that the County of Durham has received a payment in the amount of
114 $33,333.33 from Chapel Hill towards the Town's total contribution for the acquisition,
115 and that Chapel Hill has a remaining contribution amount of $66,666.66 as of the date of
116 this Agreement of which $33,333.33 shall be paid before August 1, 2006 and $33,333,33
117 before August 1, 2007.
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119 Chapel Hill's financial contributions shall be off -set by grant funds as set forth in
120 paragraph 4 below..
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122 D. Orange County's Contribution. Orange County agrees to provide the following
123 financial contribution to Durham County towards the Acquisition:
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125 $200,000 paid to Durham County in three equal payments of $66,666.66. It is hereby
126 acknowledged that the County of Durham has received a payment in the amount of
127 $66,666,66 from Orange County towards their total contribution for the acquisition, The
128 remaining $133,333,33 shall be paid on or before each August I" thereafter with the last
129 payment being made on or before August 1, 2007,
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131 Orange County's financial contributions shall be off -set by grant funds as set forth in
132 paragraph 4 below.
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134 4. Private Contributions and Grant Funds.
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136 A. Private Contributions.
137 1. The Erwin Area Neighborhood Group ( "EANG "), a non - partisan community action
138 group of persons from more than 40 neighborhoods, has contributed $200,000 towards
139 the purchase price of the Property. The parties acknowledge and agree that the $200,000
140 contributed by FANG shall be distributed solely to Durham County to further off -set
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141 Durham County's financial contribution.
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143 2. TLC has also promised to contribute $25,000 to Durham County towards the
144 acquisition of the Property on or before July 30, 2006. The parties acknowledge and
145 agree that the funds collected by TLC shall be distributed solely to Durham County to
146 further off =set Durham County's financial contribution.
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148 B. Open Space Grants.
149 Durham County applied for, with the aid of the other parties, a Clean Water Management
150 Trust Fund Grant ( "Grant Funds ") to off -set the financial contributions made by the
151 governing bodies towards the acquisition of the Property. Notification of an award in the
152 amount of $1,112,000 was received by Durham County from CWMTF by letter dated
153 November 30, 2005; however, Grant Funds are not obligated until a Grant Agreement is
154 executed between Durham County and CWMTF. The Grant Funds are conditioned upon
155 the donation of additional conservation easements on Penny lands as further discussed in
156 6.A below. The parties agree to the following distribution of Grant Funds to off-set each
157 party's financial contributions towards the acquisition:
158 The first $500,000 shall be used to off -set Durham County's contribution to the purchase
159 of the Property.
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161 The remaining $500,000 of Grant Funds shall be used to off-set the agreed -upon financial
162 contributions of all four participating governments on a pro -rata basis based on the total
163 amount of the un- reimbursed contribution by each governmental unit, thus, each
164 governing unit's total financial contribution will be reduced to the following amounts:
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166 • Durham County - 52.5% contribution equals $151,643
167 • City of Durham — 9.5% contribution equals $27,471
168 • Chapel Hill —12.7% contribution equals $36,629
169 • Orange County - 25.3% contribution equals $73,257
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171 The remaining $112,000 shall be utilized solely to reimburse Orange County for
172 expenses related to the acquisition of the Penny Tract, as described further in 6C, below.
173 TLC has also sought other sources of funding for this Tract and in the event other sources
174 are used, the $112,000, or any part thereof, may not be necessary and shall not be
175 utilized.
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177 Durham County will enter into a Grant Agreement which dictates the amount of the
178 Grant Funds awarded from Clean Water Management Trust Fund Grant ( CWMTF) and
179 any conditions of said Grant. The distribution of" Grant Funds shall be subject to the
180 Grant between Durham County and CWMTF, all Grant Funds shall be utilized pursuant
181 to the Grant.
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183 5. Distribution and Ownership of Property. Pursuant to the Contract to Purchase, the
184 Property will be conveyed to Durham County upon closing. Immediately following the
185 closing between Durham County and Duke, Durham County agrees to convey, by Special
186 Warranty Deed, subject to section 7 below, portions of the Property as follows:
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A. To Orange County: the I I acres lying and being in Orange County.
B. To Chapel Hill: 2 acres which is proportionate to Chapel Hill's financial contribution
to Durham County of $100,000 calculated at $49,984 per acre, the appraised value of
the portion of the Property lying in Durham County, opined by Smith And Whitfield,
Inc, on March 24, 2005, Chapel Hill's portion shall be subdivided from Durham
County's parcel at the approximate location indicated on Attachment 1.
Each governing body holding ownership to the Property shall be liable for and shall
maintain the property in the manner consistent with the purpose of the conveyance unless
otherwise agreed.
6. The Penny Tract and Conservation Easements.
A. The Penny family has pledged to grant a conservation easement to Durham and
Orange Counties on additional land adjacent to the Penny Tract and the Property
(hereinafter the "Penny Conservation Easement"). Pursuant to the Grant Agreement,
the Grant Funds are contingent upon the conveyance of the Penny Conservation
Easement(s), The portion of the Penny Conservation Easement within Durham
County will be owned and managed by Durham County and the portion of the Penny
Conservation Easement within Orange County will be owned and managed by
Orange County,
B. Orange County and Durham County shall cooperate to deterniine the boundaries of
the Penny Conservation Easement as it crosses the county lines. The Penny
Conservation Easement may be conveyed by the Penny family to Durham and Orange
counties either as one easement or two.
C. The Penny Tract consists of 23 acres of land within Orange County owned by Wade
and Carolyn Penny abutting New Hope Creek. The land is under option by the TLC
until March 31, 2006. The land will be purchased by TLC and then sold to Orange
County who will then own and manage it.
7. Master Park Plannine.
Chapel Hill, Durham County, the City of Durham and Orange County hereby ,jointly
establish a Park Planning Advisory Committee ( "Committee ") for the Property and
surrounding area. The purpose of the Committee is to develop recommendations for an
overall plan for the Property and adjoining properties that comprise the Hollow Rock/
Erwin Area portion of the New Hope Plan. The plan should include overall recommended
uses and generalized locations for the proposed uses. The recommendations of the
Committee will be presented to the public and approved by the participating governing
bodies,
A. Membership. The Committee shall consist of eleven (11) members appointed as
follows:
1, Four (4) members shall be appointed by the Durham County Board of
Commissioners.
2. Four (4) members shall be appointed by the Orange County Board of Commissioners.
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234 3. Two (2) members shall be appointed by the Chapel Hill Town Council.
235 4. One (1) member shall be appointed by the City of Durham.
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237 Members shall reside within the jurisdiction of the appointing authority. Attempts shall
238 also be made to assure that the appointments represent a cross section of the community.
239 All members shall have equal rights regardless of'whether the matters at issue are located
240 inside or outside the member's jurisdiction. The Committee may recommend to the
241 governing bodies individuals for appointment to the Committee upon vacancies.
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243 B. Qualifications. Members shall meet those general qualifications specified by the
244 appointing body, which are requirements fbr all individuals serving on a governmental
245 board or commission.
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247 C. Organization and Meetings. The parties shall mutually agree on a time for the
248 Committee to begin meeting. The Committee shall elect a Chair and Vice -Chair at its
249 first meeting. The Committee may adopt any operating rules to govern its meetings it so
250 chooses. The Committee will meet as necessary until the Committee's objectives as
251 defined herein have been satisfied.
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253 D. Charge.
254 The Committee will have the following responsibilities:
255 1. To develop recommendations of uses to be allowed within different areas of the
256 Hollow Rock Access area.
257 2. To develop recommendations of facilities to be available within different areas of the
258 Hollow Rock Access area and proposed locations for said facilities.
259 3. To provide suggestions on priority phasing for recommended facilities.
260 4. To hold public input meetings on the recommended uses and facilities.
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262 E. Compensation. Members of the Committee shall serve without pay.
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264 8. Use of the Property. The parties agree that the Property shall be acquired and
265 subsequently subdivided in the manner set forth in this Agreement for the following
266 purposes only:
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268 A. The Property shall be maintained in a natural scenic condition and restricted from any
269 development or use that would impair or interfere with the conservation purposes of the
270 Property. The following uses are specifically declared to be consistent with the
271 conservation purposes of the Property: open space, walking trails, parking, restroom
272 facilities, environmental or scientific projects or studies, and other similar low- impact
273 activities.
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275 B. The Property shall be open to the public (including but not limited to citizens of all
276 the parties to this Agreement) during daytime hours subject to reasonable rules and
277 regulations of the owner of the Property.
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279 C. If necessary to qualify for state or federal grants, the Property may be subject to
280 further restrictions as to use.
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282 9. Governing Law. This Agreement shall be governed by and in accordance with the laws
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of the State of North Carolina.
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Term. The term of this agreement shall be from the date first written above and shall
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terminate upon mutual agreement of all parties, which termination shall be made in
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writing and executed with the same formality as this Agreement. Notwithstanding the
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foregoing, any one party may terminate its participation under this Agreement by
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providing written notice to the other parties so long as the terminating party has no
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executable obligations remaining hereunder following the effective date of termination.
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Appointment of Personnel. Each party's respective Manager shall designate the
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persons to carry out the obligations of that party under this Agreement.
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Amendments. This Agreement may be amended at any time by execution by all parties
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of a written agreement,
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Entire Agreement. This Agreement together with the agreements referenced in this
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Agreement, shall constitute the entire understanding between the parties and shall
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supersede all prior understandings and agreements relating to the subject matter hereof
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and may be amended only by written mutual agreement of the parties.
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Headings. The subject headings of the paragraphs are included for purposes of
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convenience only and shall not affect the construction or interpretation of any of its
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provisions. This Agreement shall be deemed to have been drafted by all parties and no
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purposes of interpretation shall be made to the contrary.
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[Intentionally left blank. Signature pages to follow.]
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INTERLOCAL COOPERATION AGREEMENT FOR THE ACQUISITION, PLANNING
AND OPERATION OF THE HOLLOW ROCK PORTION OF THE NEW HOPE CREEK
PLAN BY AND AMONG THE COUNTY OF DURHAM, 'THE CITY OF DURHAM, THE
COUNTY OF ORANGE AND THE TOWN OF CHAPEL HILL
IN WITNESS WHEREOF, the parties hereto have authorized this Agreement to be
executed by their undersigned officers, to be effective from and after the date first written above.
SIGNATURE BY DURHAM COUNTY:
FOR THE COUNTY OF DURHAM
Ev"0139
I
Vonda C. Sessoms
Clerk to the Board
Ellen W. Reckhow, Chairman of the
Board of Commissioners
This instrument has been pre- audited in the manner required
by the Local Government Budget and Fiscal Control Act.
Durham County Finance Officer
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INTERLOCAL COOPERATION AGREEMENT FOR THE ACQUISITION, PLANNING
AND OPERATION OF THE HOLLOW ROCK PORTION OF THE NEW HOPE CREEK
PLAN BY AND AMONG THE COUNTY OF DURHAM, THE CITY OF DURHAM, THE
COUNTY OF ORANGE AND THE TOWN OF CHAPEL HILL
SIGNATURE BY CITY OF DURHAM:
ATTEST:
D. Ann Gray, City Clerk
FOR THE CITY OF DURHAM
Patrick Baker, City Manager
This instrument has been pre- audited in the manner required
by the Local Government Budget and Fiscal Control Act.
City of Durham Finance Officer
04 -05 -06
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INTERLOCAL COOPERATION AGREEMENT FOR THE ACQUISITION, PLANNING
AND OPERATION OF THE HOLLOW ROCK PORTION OF THE NEW HOPE CREEK
PLAN BY AND AMONG THE COUNTY OF DURHAM, THE CITY OF DURHAM, THE
COUNTY OF ORANGE AND THE TOWN OF CHAPEL HILL
SIGNATURE BY ORANGE COUNTY:
ATTEST:
Donna S. Baker
Clerk to the Board
FOR ORANGE COUNTY
Barry Jacobs, Chair of the
Board of Commissioners
This instrument has been pre- audited in the manner required
by the Local Government Budget and Fiscal Control Act.
Orange County Finance Officer
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INTERLOCAL COOPERATION AGREEMENT FOR THE ACQUISITION, PLANNING
AND OPERATION OF THE HOLLOW ROCK PORTION OF THE NEW HOPE CREEK
PLAN BY AND AMONG THE COUNTY OF DURHAM, THE CITY OF DURHAM, THE
COUNTY OF ORANGE AND THE TOWN OF CHAPEL HILL
SIGNATURE BY TOWN OF CHAPEL HILL:
ATTEST:
Sabrina Oliver, Town Clerk
FOR THE TOWN OF CHAPEL HILL
Kevin Foy, Mayor
This instrument has been pre- audited in the manner required
by the Local Government Budget and Fiscal Control Act,
Town of Chapel Hill Finance Officer
04 -05 -06
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Possible Timetable of Master Planning
Hollow Rock Area (New Hope Preserve)
Date
Activity
Spring 2006
Elected boards consider, revise and adopt
interlocal agreement. Staffs begin
preparations for master plan effort to begin
in fall.
August 2006
Appointments solicited for Hollow Rock
Park Planning Advisory Committee
September 2006
Appointments made, final preparations
made by staffs for master plan effort.
Discussions regarding operation and
maintenance issues held.
October 2006 — Spring 2007
Committee begins work, Master Plan
created
Late - spring 2007
Draft Master Plan submitted to elected
boards for approval.