HomeMy WebLinkAbout2019-009 Co Attorney - Interlocal agreement with Carrboro and Chapel Hill for gravel lot access INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY
AND THE TOWN OF CHAPEL HILL REGARDING THE CONSTRUCTION OF A
GRAVEL DERIVE TO ACCESS JOINTLY OWNED TOWN AND COUNTY PROPERTY
THIS AGREEMENT , made and entered into this day of JG �nc c�� 201E
between Town of Chapel Hill , a North Carolina municipal corporation situated in 4 ange County ,
North Carolina ( hereinafter referred to the " Town " ) ; and Orange County , a political subdivision of
the State of North Carolina ( hereinafter referred to as the " County" ) , for the reimbursement to
the County by the Town for the County' s expenditures to construct a gravel access drive from
Merin Road to the Greene tract ( the " Road " ) . ( County and Town may be referred to collectively
as the " Parties " )
WITNESSETH
WHEREAS , the County and Town are public bodies , politic and /or corporate , under the
laws of the State of North Carolina and are vested with the power and authority by Article 20 of
North Carolina General Statute Chapter 160A to enter into this Interlocal Agreement ( hereinafter
referred to as the " Agreement " ) ; and
WHEREAS , representatives of the County and Town have previously agreed in principle
to jointly fund construction of a Road to serve as the southern access for the jointly owned
Greene tract ; and
WHEREAS , the proposed Road is to be located within public right of way dedicated to
the Town and is within the Town corporate limits ; and
WHEREAS , the County and Town and desire to formally establish the terms of the
Town ' s reimbursement to the County for County ' s expenditures for construction of the Road and
the responsibility o the Town for the ongoing maintenance of the Road .
NOW , THEREFORE , in consideration of the foregoing and based on mutual promises
and obligations set forth herein , the receipt and sufficiency of which is hereby acknowledged ,
the County and Towns agree as follows :
1 . TERM AND TERMINATION
a . This Agreement shall commence upon execution and shall continue until all
reimbursements are paid in full with such payment in full occurring no later than
June 30 , 2019 ; provided , however , that the termination of this Agreement upon
payment in full shall not modify the terms set out below with respect to
maintenance of the Road .
b . This Agreement may be terminated upon mutual agreement of the Parties .
2 . RESPONSIBILITIES OF TOWN
a . The Town of Chapel Hill is responsible for fifty percent ( 50 % ) of the total cost
of the construction costs . The Town of Chapel Hill shall , upon receipt of a
County generated invoice , pay to County Town ' s respective costs associated
with the construction of the Road . The amount paid by Chapel Hill shall not
exceed thirteen thousand dollars ( $ 13 , 000 . 00 )
b . The Town shall pay its full obligation as set out in this Section 2 within thirty
( 30 ) days of receipt of the County ' s invoice .
c . Upon completion of construction of the Road , on - going maintenance shall be
the responsibility of the Town . The Parties to this Agreement agree and accept
that said Road shall be constructed as a gravel driveway and that the Town will
not be obligated to clear snow or ice from the driveway unless it is deemed an
emergency situation by the Town ' s Public Safety Staff .
3 . RESPONSIBILITIES OF COUNTY
a . The County shall contract directly for the construction and installation of the
Road from Merin Road to the Greene Tract and shall be solely responsible for
working with the contractor to secure completion of the Road ; provided that the
the Town of Chapel Hill will review the profile for the proposed Road and meet
on site to review the plans for the Road , shoulder and ditch and any other
needed stormwater structures . Upon review and approval of the construction
plans by the Town , the Town will issue an Engineering Construction Permit at
to charge .
b . The County is responsible for all payments to the contractor for the cost of the
construction and the Town shall participate through reimbursement as
contemplated herein .
c . Upon substantial completion of the Road the County shall invoice Town for the
specified reimbursement amount and /or percentage as shown in Section 2 .
This invoice will be in the form of a single invoice upon the conclusion of the
services contemplated in Exhibit 1 and said invoice shall be accompanied by a
written statement indicating those services are complete .
d . County ' s obligations are contingent upon receipt of all necessary permits and
approvals required to begin the work contemplated herein .
4 . ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the Parties hereto and is
effective the date first above recorded .
5 . INTERESTS OF THE TOWN OF CARRBORO
The Town of Carrboro ( Carrboro ) , as part owner of the Greene Tract has no legal
obligation to maintain said Road . By its signature below , Carrboro acknowledges
and accepts the maintenance standards for this driveway and retains all rights to
use said Road not inconsistent with this Agreement .
[Signature Page to Follow]
In witness whereof, the Parties , by and through their authorized agents , have hereunder set
their hands and seals as of the day and year first above written .
Manager , Orange County
Manager , To'jv4n of Chapel Hill � �
I/my ] AndAgi�i
nager , Town of Carrboro
This instrument has been pre - audited in the manner required by the Local Government Budget
and Fiscal Control Act :
► a`l a$ � ti 8
Chapel Hill Anance Officer
This i strumen has been pre -audited in the manner required by the Local Government Budget
and cal C r I Act :
Or n oun y Chief i ncial Officer
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