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HomeMy WebLinkAbout2018-617-E DEAPR - Friends of the Mountains to Sea Trail MOU Page 1 of 3 AGREEMENT REGARDING ESTABLISHMENT, MAINTENANCE AND PROMOTION OF THE MOUNTAINS-TO-SEA TRAIL IN ORANGE COUNTY THIS AGREEMENT is made by and between ORANGE COUNTY, a body politic and corporate, a political subdivision of the State of North Carolina, herein “County,” and the FRIENDS OF THE MOUNTAINS-TO-SEA TRAIL, a North Carolina non-profit corporation, herein “Friends.” W I T N E S S E T H WHEREAS, ORANGE COUNTY seeks to establish a section of the North Carolina Mountains-to-Sea Trail (MST) across Orange County between Occoneechee Mountain State Natural Area and the Haw River, consistent with a Proposed Trail route adopted by the Orange County Board of Commissioners; and WHEREAS, FRIENDS OF THE MOUNTAINS-TO-SEA TRAIL works with communities and volunteers to build and maintain a footpath connecting North Carolina’s natural treasures for the enjoyment and education of people; and WHEREAS, ORANGE COUNTY and FRIENDS OF THE MOUNTAINS-TO- SEA TRAIL have found it mutually beneficial to work collaboratively to establish portions of the Mountains-to-Sea Trail through Orange County consistent with the adopted State Parks MST Master Plan and with the adopted Orange County plan of January 23, 2018; and WHEREAS, ORANGE COUNTY and FRIENDS OF THE MOUNTAINS-TO-SEA TRAIL desire to enter into this Agreement to clarify and formalize their understanding about how such cooperation and collaboration will occur; NOW, THEREFORE, ORANGE COUNTY and FRIENDS OF THE MOUNTAINS-TO- SEA TRAIL agree: 1. Planning – County and Friends may meet from time to time to develop plans for routing the future MST on specific land parcels, acquiring the rights to use the land for MST purposes through a variety of voluntary means, and promoting public awareness and enjoyment of the trail. Friends will provide its staff and volunteer knowledge and experience to the discussion of improving the MST routing, provision of amenities for trail users and expansion of awareness and use. 2. MST Outreach – Friends staff and volunteers will work to raise awareness and support for the MST among Orange County residents through its website, newsletters, media outreach, public events, personal outreach, and other means. Through its trail guides it will help people use the trail and get involved to build and care for it. Friends will assist County as requested to raise public awareness about new trail openings or other MST news in the County. DocuSign Envelope ID: 43455F75-F53D-4564-B6CE-98EBDF89A061 Page 2 of 3 3. Landowner Contacts – Through County and Friends planning meetings as described in paragraph 1, County and Friends may identify landowners to contact to establish trail corridor and amenities. County will take the lead in contacting these landowners unless it specifically requests that Friends or other partner staff or volunteers do so. Friends shall not negotiate with landowners for trail corridor or amenities without advance notice and approval of County, and will forward inquiries received about landowner interest to County. 4. Trail Building and Maintenance – Friends will provide volunteers to help County with construction of new trail and with maintenance of existing segments of the MST. Trail flagging, construction and maintenance on County or private property will not occur without prior knowledge and approval of County and landowner(s) or based upon an agreed upon schedule or plan 5. Signs – Friends will provide guidance on MST sign standards and designs to help County develop a signage system that integrates with the statewide trail. 6. Funding – Subject to future Orange County Board of Commissioner and/or County Manager approvals County will provide funding for land acquisition (e.g., fee simple or easement purchases), trail construction, installation of site amenities, and materials needed for outreach to landowners and to the general public. Friends may assist County in pursuing grant funds and soliciting donations from landowners and residents for the purpose of acquiring land for the MST and for amenities needed for improving the trail experience, and with in-kind funding in the area of trail building and related expertise. 7. Land and Easement Acquisition – Subject to future Orange County Board of Commissioner and/or County Manager approvals County will complete all land and trail easement acquisitions for Orange County sections of the MST, unless County enters into a partnership with other entities to complete such work. 8. Current Thru-hiking Route – Friends will establish, periodically update, and be solely and exclusively responsible for a route of completed trail and connecting road routes for thru- hikers to follow while construction of the trail is underway in Orange County. Friends will inform County as updates occur. 9. Indemnification – Each Party shall be solely responsible for its own acts, failures to act, misconduct, and/or negligence and for the acts, failures to act, misconduct, and/or negligence of its employees, agents, volunteers, and representatives. Neither Party may indemnify the other or hold the other harmless. 10. Insurance – Friends shall carry, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance and shall name Orange County as additional insured on such Commercial General Liability policy. If need arises because of a joint Friends and Orange County project, Orange County may request that Friends add additional coverage to its policy. DocuSign Envelope ID: 43455F75-F53D-4564-B6CE-98EBDF89A061 Page 3 of 3 11. Termination – Either party may terminate this Agreement upon providing ten (10) days advance written notice to the other party. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers, to be effective from and after August 1, 2018. ORANGE COUNTY, NORTH CAROLINA By: ________________________________ Bonnie M. Hammersley Orange County Manager FRIENDS OF THE MOUNTAINS-TO-SEA TRAIL By: _________________________________ Kate Dixon, Executive Director DocuSign Envelope ID: 43455F75-F53D-4564-B6CE-98EBDF89A061