Loading...
HomeMy WebLinkAbout2019-151 Solid Waste - Town of Chapel Hill shredathon space STATE OF NORTH CAROLINA MEMORANDUM OF UNDERSTANDING COUNTY OF ORANGE This Memorandum of Understanding is entered into on this _ 13th Day of March 2019 by the Town of Chapel Hill ("Town") and Orange County, NC located at 200 South Cameron St . , Hillsborough, NC 27278 (" County" ) . RECITALS : WHEREAS, the County is hosting its Semi Annual Shred A Thon on Saturday, April 27 , 2019 from 9 : 00 AM to 2 : 15 PM ; and WHEREAS, the Orange County Semi Annual Shred A Thon will be held at the Eubanks Park and Ride Lot at 2000 Eubanks Road, Chapel Hill, NC 27516 ; and WHEREAS, the County has an ongoing interest in being a good neighbor to adjacent properties while still providing safe and convenient access for Shred A Thon participants ; and WHEREAS, the Town owns the Eubanks Road Park and Ride lot that could provide event parking for the Shred A Thon; and WHEREAS, the County has requested use of the Town ' s Eubanks Road Park and Ride Lot on Saturday, April 27, 2019 from 9 : 00 AM to 2 : 15 PM for the purposes of operating a County- managed Semi Annual Shred A Thon . NOW THEREFORE, in consideration of mutual promises and covenants contained herein, the receipt of which is hereby acknowledged, Town and County agree as follows : 1 . On Saturday, April 27, 2019 between 9 : 00 AM and 2 * 15 PM, the Town will permit the County to use the Eubanks Road Park and Ride Lot for the purposes of a County- managed Semi Annual Shred A Thon . 2 . To the extent permitted by North Carolina law, the County assumes all risks associated with the use of this park and ride lot and agrees to release the Town, its employees and agents from all liability for damages or personal injury, including, but not limited to , any and all premises liability claims , causes of action, which the undersigned may hereafter accrue on account of or in any way growing out of, from the negligence or willful misconduct of the County, except to the extent same are caused by the negligence or willful misconduct of the Town . 3 . Upon breach of any condition of this Agreement by either party, or any other failure to comply with the terms and .conditions of this Agreement by either party, the breaching party shall be given 10 days after receipt of written notice of the breach to comply . Upon failure to comply with the terms and conditions of this Agreement, as set forth in the written notice , within the time prescribed, this Agreement shall be terminated immediately . 4 . This Agreement may be amended in writing by mutual agreement of both parties . 5 . This Agreement shall constitute the entire agreement of the parties and no other warranties , inducements , considerations , promises , or interpretations shall be implied or impressed upon this Agreement that are not expressly addressed herein . All prior agreements , understandings and discussions are hereby superseded by this Agreement . 6 . The parties intend and agree that if any provision of this contract or any portion thereof shall be held to be void or otherwise unenforceable , all other portions of this Contract shall remain in full force and effect . 7 . This Agreement shall be construed and enforced under the laws of North Carolina. In the event of any dispute between the parties , venue is properly laid in Orange County, North Carolina for any state court action and in the Middle District of North Carolina for any federatcourt action. 8 . This Agreement shall not be assigned without the prior written consent of the parties . ided herein, shall be in effect until April 29 , 9 . This Agreement, unless amended as prov 2019 . 10 . In consideration of the mutual consideration set forth herein, this Agreement is effective as a legally binding agreement between the Parties upon execution by all of the Parties . This Memorandum of Understanding is between the Town of Chapel Hill and Orange County, NC for use of the Town ' s Eubanks Road Park and Ride Lot . [ SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF , the parties hereunto cause this agreement to be executed in their respective names . ORANGE COUNTY, NC SIGNATURE 1 PRINTED NAME & TITLE ATTE PRINTED NAM , & TITLL TOWN OF CHAPEL ]FALL DEPARTMENT HEAD/DEPUTY/TOWN MANAGER PRINTED NAME AND DEPARTMENT ATTEST BY TOWN CLERK . TOWN CLERK TOWN SEAL Town Clerk attests date this the day of , 20 Approved as to Form and Authorization TOWN LEGAL STAFF This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act . FINANCE OFFICER DATE