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HomeMy WebLinkAbout2010-140 DEAPR - Town of Hillsborough Fairview Park operations & responsibilities'' ADOPTED 11/16/2010 7,6 MEMORANDUM OF INTERLOCAL AGREEMENT ORANGE COUNTY, NC TOWN OF HILLSBOROUGH, NC REGARDING FAIRVIEW PARK OPERATIONS AND RESPONSIBILITIES THIS AGREEMENT, made and entered into between the Town of Hillsborough, North Carolina, a North Carolina municipal corporation, 101 East Orange Street, Hillsborough, NC 27278 (hereinafter referred to as the "Town"); and Orange County, a body politic and corporate, a political subdivision of the State of North Carolina, 200 South Cameron Street, Hillsborough, NC 27278 (hereinafter referred to as the "County"), for the joint and/or assigned operations and responsibilities of Fairview Park, .located in Hillsborough, NC. WITNESSETH WHEREAS, the parties to this agreement are public bodies, politic and corporate, under the laws of the State of North Carolina and are vested with the power and authority to own and improve real estate for recreational and other public purposes; and WHEREAS, the Fairview neighborhood of the Town of Hillsborough adjoins a designated park site that was identified as part of the Community Revitalization effort funded through Community Development Block Grants in the 1980s, and identified in both the County and Town Comprehensive Plans; and WHEREAS, the 2001 Orange County Parks and Open Space Bond included funding for planning and construction of Fairview Park; and WHEREAS, the Town and County both own property within the said Fairview Park site (hereinafter "Fairview Park"), and the Town's corporate limits abut the site on three sides; and WHEREAS, the County and Town recognized the mutual benefit and interest of the parties hereto, and to the public generally, in the construction of park facilities on Town and County owned property for Fairview Park, with the Town agreeing to donate its land toward this purpose; and WHEREAS, the Town and County entered into a Memorandum of Agreement in 2004 regarding use of both Town and County lands together for Fairview Park, and a process for creating a master plan for the park, as shown as Attachment 1 to this Agreement; and ADOPTED 11/16/2010 WHEREAS, it is recognized by both parties that there are limitations imposed by safety considerations caused by the site's previous use for waste-disposal purposes, as addressed in part by a geo-technical report ("Report of Geotechnical Evaluation, Closed Hillsborough Landfill Site, July 19, 2000") that have affected the potential locations within the site for a park; and WHEREAS, a Fairview Park Master Plan was created by a committee of County and Town representatives in 2006 and was subsequently adopted by both the Town and County Boards of Commissioners; and WHEREAS, the County and Town jointly applied for and received grant funding for park construction from the N.C. Parks and Recreation Trust Fund in 2009; and WHEREAS, the laws of the State of North Carolina provide that the parties hereto may contract, for the joint design, construction, development and use of facilities for the stated public purposes; and WHEREAS, construction of park facilities began in early 2010 upon awarding of a construction bid following open bid solicitation procedures, and is currently underway located on both Town and County-owned portions of the site; and WHEREAS, the parties hereto agree to address needed property exchanges for public safety and liability concerns, Town contributions to park operations and potential annexation into the Town of Hillsborough, among other matters: NOW, THEREFORE, in consideration of the foregoing and on mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. PROPERTY EXCHANGES AND ACCESS EASEMENTS a. In order to address potential liability issues and simplify ownership boundaries which find facilities located on or across property lines, the Town and County agree to an exchange of properties within the Fairview Park site (please see Map 1-a and 1-b). i. The County will convey to the Town approximately one (1) acre of land along Rainey Avenue including the existing Town of Hillsborough Police Department, Fairview Substation and its adjoining parking area, as shown in Map 1-b. ii. The Town will convey to the County its portion of land containing the facilities for Fairview Park, along with a connecting strip of land as shown in Map 1-b. iii. Three easements will be executed as part of this land swap: ADOPTED 11 /16/2010 1. The County will grant an access easement to the Town for use of its private road serving the County's Public Works facility to NC 86. 2. The County will grant an unspecified easement to the Town to cross the County's property to access the Town's storm debris site as shown on Map 1-b. 3. A third one, from Town to the general public and Orange County specifically for use of and access across the substation parking lot (for access to the remainder of the park) iv. The Town and County will share the costs of surveys for these land conveyances, and will be responsible for their own legal expenses related to same. 2. TOWN CONTRIBUTIONS TO OPERATING EXPENSES a. The Town will provide for water and sewer service at no cost to the park restrooms, picnic shelter and water fountains. b. The Town will be responsible for the opening and closing of any gate to the park, if such is deemed necessary, on a mutually- agreeable schedule and at the Town's discretion. 3. PUBLIC SAFETY COVERAGE FOR THE PARK a. The Orange County Sheriff's Department will be the initial primary provider, with the Town Police Department supporting and assisting in this capacity. It is anticipated that over time the Town and County will review response to calls in the park and make adjustments to responsibilities as needed and prudent. 4. AMENDMENTS This Agreement may be amended by mutual written consent of the Town and County. The Agreement will be reviewed at least once every five years for needed changes and updates. Any future improvements to the Park after the date of this agreement will be considered by both the Town and County. ADOPTED 11 /16/2010 5. TERM This Agreement shall terminate upon mutual agreement of the Town and County Boards of Commissioners; or on December 31, 2015. The parties commit to review and consider renewal of the Agreement on or before December 31, 2015. This agreement is renewable with mutual agreement of the two governing bodies. 6. GOVERNMENTAL APPROVALS This Agreement is subject to the review and approval of the Town and County Boards of Commissioners. 7. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement of the parties hereto. This, the 25th day of O ober, 2010: -~.~__- Ma r, Town o illsboro~ug WIT SS: own Clerk This, the 1 ay of Nove ber, 2010: ~~,~...- Chair, Orange County oard of Commissioners WITNE Clerk to the Board