HomeMy WebLinkAbout2019-128-E Econ Dev - Town of Chapel Hill LAUNCH Incubator Interlocal Agreement 2019 DocuSign Envelope ID:206E3F41-21CA-479B-99DD-4F870A3B90FA
STATE OF NORTH CAROLINA
INTERLOCAL AGREEMENT
COUNTY OF ORANGE
This INTERLOCAL AGREEMENT ("Agreement") is hereby made and entered into this the 25th
day of February, 2019, 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 originally initiated through a 2012
interlocal agreement, and renewed in a new 2016 agreement between the Parties whereby local startup
businesses in the"LAUNCH"incubator 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 two hundred twenty thousand five hundred dollars
($220,500.00). This grant shall be payable quarterly in installments of eighteen thousand three hundred
seventy five dollars($18,375.00). Town acknowledges and agrees the full amount,which shall not exceed
two hundred twenty thousand five hundred ($220,500.00), shall be expended by the Town for the sole
purpose of establishing and maintaining a small business incubator/joint co-working space located at 321
West Rosemary Street, and a joint accelerator space located at 306 W. Franklin Street, Chapel Hill,North
Carolina 27516 (the LAUNCH"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 LAUNCH 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 1 st day of January 2019 and shall continue for a
period of thirty-six(36)months, expiring on 12/31/21. 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
DocuSign Envelope ID:206E3F41-21CA-479B-99DD-4F870A3B90FA
upon a material breach by the other. Material breach includes but is 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.
FOR oocu5igned by,-- T` L ocusigned ay:--- _`ILL
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By:- — By- OE449FACiCOF456
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Bone Hammersley Maurice Jones
Orange County Manager Chapel Hill Town Manager
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
DocuSigned�dyy: /I
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orange county c luet I,inancial Officer
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
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'Down of Chapel Hill Finance Director