HomeMy WebLinkAbout2012-391 EDC - Town of Carrboro fund repairs to the Main Street sewerline 020/0? 9 /
MEMORANDUM OF AGREEMENT BETWEEN ORANGE COUNTY, NORTH
CAROLINA AND THE TOWN OF CARRBORO, NORTH CAROLINA
For
REPAIRS TO THE MAIN STREET SEWERLINE
This Memorandum of Agreement ("Agreement") is hereby made and entered into this the
`3�,4 day of 2012, by and between ORANGE COUNTY, hereinafter referred to as
("County"), and the TOWN OF CARRBORO, hereinafter referred to as ("Town") pursuant to
N.C. Gen. Statute 160A-460 et seq., 158-7.1 and other applicable laws.
WHEREAS, County and Town desire to support local businesses and to further economic
development within Orange County and within the Town of Carrboro; and
WHEREAS, County and Town desire to repair and upgrade the sewerline serving the businesses
located on East Main Street, Carrboro,North Carolina(hereinafter referred to as the "Main Street
Sewerline"); and
WHEREAS, the Town has received a the Community Development Block Grant awarded by the
North Carolina Department of Commerce to fund the repairs to the Main Street Sewerline; and
WHEREAS, the parties desire to enter into this Agreement to supplement the grant and
providing additional funding necessary for completing the construction and repairs to the Main
Street Sewerline;
NOW THEREFORE, the following Agreement is hereby entered into by the County and the
Town.
1. Funding. The North Carolina Department of Commerce has awarded the Town a
Community Development Block Grant(hereinafter the "Grant") in the amount One Hundred
and Seventy One Thousand and Seven Hundred Dollars ($171,700)to fund the repairs to the
Main Street Sewerline. The Grant is expected to cover 70%of the estimated costs of repair to
the Main Street Sewerline. Town and the County shall each provide one-half of the funding
for the remaining 30% of the estimated costs of repair. County shall reimburse the Town
after construction of the sewerline has been completed and the work has been approved by
the Orange Water and Sewer Authority (OWASA). County's share of the estimated costs of
repair shall not exceed Forty Thousand Dollars ($40,000) and shall be paid out of the quarter
cent sales tax proceeds for FY 2012-13.
2. Construction and Repairs. Town shall be responsible for the construction of the sewerline
including but not limited to the engineering, bidding, permitting, construction supervision,
and for the providing the necessary connections to the businesses served by the Main Street
Sewerline. The County agrees to cooperate with the Town, as requested to secure the
necessary permits and approvals to complete the repairs. All repairs shall be constructed to
the applicable state and local engineering standards.
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3. Term. The term of this Agreement shall commence the year and date first above recorded and
shall continue for the life of the grant.
4. Maintenance. Upon completion of the construction and repairs described above, the Town
shall transfer the utilities to OWASA for upkeep, operation and maintenance of the
sewerlines and associated infrastructure. Such upkeep, maintenance and repair or
replacement shall be at the sole cost and expense of OWASA.
S. Sewer Connections. New and existing individual connections to the Main Street Sewerline
shall be subject to the approval of the Town. The Town shall install stub-outs for the each
property owner requesting a connection to the Main Street Sewerline during construction.
The individual property owners shall be responsible for installing the laterals and all costs
associated with connecting their businesses to the Main Street Sewerline. All future
connections to the Main Street Sewerline after project completion shall be the sole
responsibility of the individual property owners.
6. Additional Documentation. The parties agree to and hereby authorize the County Manager,
County Attorney and Town Manager and Town Attorney to prepare and execute all such
other and further documentation or agreements as shall be necessary or desirable in
effectuating this agreement. This Agreement contains the entire understanding of the parties
and shall not be altered, amended or modified, except in writing executed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be
executed as of the day and year first written above.
FOR AND ON BEHALF OF: FOR AND ON BEHALF OF:
ORANGE COUNTY, NC TOWN OF CARRBORO,NC
By: By: �� �c -
Fr Clifton, Co y Manager Town Manager
This Agreement has een approved as to form and legal sufficiency.
Z4�XJ44t,� Loll ILI
County Atlt#ey's Office Date
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Orange County Finance Director Date
This Agreem nt has been proved as to form and legal sufficiency.
To,A Att me Office bate'
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This instrument has been pre-audited in the manner required by the Local Government Budget
an d F' a ontrol Act.
Town of Carr oro Finance Director ate
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