HomeMy WebLinkAbout2015-664-E Co Manager - Town of Chapel Hill small business incubator DocuSign Envelope ID:OCED799C-A8EC-4781-8322-855CF5C6CFFA
STATE OF NORTH CAROLINA
INTERLOCAL AGREEMENT
COUNTY OF ORANGE
This INTERLOCAL AGREEMENT ("Agreement") is hereby made and entered into this the
11 day of December , 2015, by and between ORANGE COUNTY, hereinafter referred to as
("County"), and the TOWN OF CHAPEL HILL, hereinafter referred to as ("Town") pursuant to N.C.
Gen. Statute 160A-460 et seq., 160A-17.1 and other applicable laws.
WITNESSETH:
WHEREAS, County and Town desire to continue with a partnership initiated through a 2012
interlocal agreement between the Parties whereby local startup businesses have more opportunities
to remain in Orange County and Chapel Hill.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein,
the parties hereto agree as follows:
1. County Grant. County shall grant to the Town one hundred twenty thousand dollars ($120,000.00). This
grant shall be payable quarterly in installments of ten thousand dollars ($10,000.00). Town acknowledges
and agrees the full amount, which shall not exceed one hundred twenty thousand dollars ($120,000.00),
shall be expended by Town for the sole purpose of establishing and maintaining a small business
incubator/joint working space at 321 West Rosemary Street, Suite 110, Chapel Hill, North Carolina (the
"Small Business Incubator"). County and Town agree this grant is the full extent of the County's
contribution. Town shall be responsible for conducting any statutorily required public hearing prior to the
expenditure of any grant funds.
2. Town Obligation. Town shall be responsible for payment of the rental obligation of the Small Business
Incubator property using the County grant, together with Town resources, in order to maintain the
property's availability for lease and sublease as a Small Business Incubator.
3. Term. The term of this Agreement shall commence the 1st day of January 2016 and shall
continue for a period of thirty-six (36) months. This Agreement may be renewed for up to two
additional three-year terms. Any such renewal, or any other modification, shall be accomplished
through a mutually agreed upon written amendment to this Agreement and may be approved
and executed by the managers of the County and Town.
4. Reporting. Town shall on or before July 1 annually during the term of this Agreement provide a
report to the Orange County Manager detailing the expenditure of the grant funds described in
Section 1 above. Upon request by County, Town shall provide County with any audit or
underlying documents necessary to verify the contents of the annual report. In the event such
report or documents are not provided County may suspend grant installments until such time as
the report or documents are provided.
5. Force Majeure/Emergency Non-Appropriation. In the event Town or County should be delayed
in, or prevented from, performing or carrying out any of the agreements, covenants, or
obligations made by, and imposed upon, said Party by this Agreement, by reason of or through
any cause reasonably beyond its control and not attributable to its neglect, including but not
limited to condemnation, order of any court granted in any bona fide adverse legal proceeding or
action, explosion, fire or other act of God or public enemies, and/or emergency non-
appropriation, then, in each such case or cases, the affected Party shall be relieved of
performance under this Agreement.
6. Termination. The County and Town may terminate this Agreement upon mutual written
agreement approved by the County's and Town's managers. Either County or Town may
terminate this Agreement upon a material breach by the other. Material breach includes but is
DocuSign Envelope ID:OCED799C-A8EC-4781-8322-855CF5C6CFFA
not limited to the failure by Town to expend grant funds as required by this Agreement. Effective
the date of termination any termination of this Agreement relieves County of any further
responsibilities or obligations established by this Agreement.
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed as of
the day and year first above recorded.
FO• I,`° i @P COUNTY FO aE ILL
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By nF¢7ooaR7,4Fa77 By' F41394O E&EA5445...
Bonnie Hammersley Roger Stancil
Orange County Manager Chapel Hill Town Manager
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
rn7t l' by:
- P4E-1-81ACC1909...
Orange County Chief Financial Officer
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
ritocoilsArett by:
EF40073D31-1�405...
Town of Chapel Hill Finance Director