HomeMy WebLinkAbout2020-798-E DEAPR-Town of Hillsborough Fairview Park MOA
MEMORANDUM OF INTERLOCAL AGREEMENT
ORANGE COUNTY, NC
TOWN OF HILLSBOROUGH, NC
REGARDING FAIRVIEW PARK OPERATIONS AND RESPONSIBILITIES
THIS AGREEMENT, made and entered into between the Town of Hillsborough,
North Carolina, a North Carolina municipal corporation, 101 East Orange Street,
Hillsborough, NC 27278 (hereinafter referred to as the “Town”); and Orange
County, a body politic and corporate, a political subdivision of the State of North
Carolina, 301 West Tryon Street, Hillsborough, NC 27278 (hereinafter referred to
as the “County”), for the joint and/or assigned operations and responsibilities of
Fairview Park, located in Hillsborough, NC.
WITNESSETH
WHEREAS, the parties to this agreement are public bodies, politic and corporate,
under the laws of the State of North Carolina and are vested with the power and
authority to own and improve real estate for recreational and other public
purposes; and
WHEREAS, the Fairview neighborhood of the Town of Hillsborough adjoins a
designated park site that was identified as part of the Community Revitalization
effort funded through Community Development Block Grants in the 1980s, and
identified in both the County and Town Comprehensive Plans; and
WHEREAS, the 2001 Orange County Parks and Open Space Bond included
funding for planning and construction of Fairview Park; and
WHEREAS, the Town and County both own property within the said Fairview
Park site (hereinafter “Fairview Park”), and the Town’s corporate limits abut the
site on three sides; and
WHEREAS, the County and Town recognized the mutual benefit and interest of
the parties hereto, and to the public generally, in the construction of park facilities
on Town and County owned property for Fairview Park, with the Town agreeing
to donate its land toward this purpose; and
WHEREAS, the Town and County entered into a Memorandum of Agreement in
2004 regarding use of both Town and County lands together for Fairview Park,
and a process for creating a master plan for the park, as shown as Attachment 1
to this Agreement; and
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WHEREAS, it is recognized by both parties that there are limitations imposed by
safety considerations caused by the site's previous use for waste-disposal
purposes, as addressed in part by a geo-technical report (“Report of
Geotechnical Evaluation, Closed Hillsborough Landfill Site, July 19, 2000”) that
have affected the potential locations within the site for a park; and
WHEREAS, a Fairview Park Master Plan was created by a committee of County
and Town representatives in 2006 and was subsequently adopted by both the
Town and County Boards of Commissioners; and
WHEREAS, the County and Town jointly applied for and received grant funding
for park construction from the N.C. Parks and Recreation Trust Fund in 2009;
and
WHEREAS, Fairview Park was constructed in 2010, with a signed interlocal
agreement dated November 16, 2010 to address needed property exchanges for
public safety and liability concerns, Town contributions to park operations and
potential annexation into the Town of Hillsborough, among other matters; and
WHEREAS the parties wish to continue certain arrangements regarding the
operation and responsibilities of the park:
NOW, THEREFORE, in consideration of the foregoing and on mutual promises
and obligations set forth herein, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. TOWN CONTRIBUTIONS TO OPERATING EXPENSES
a. The Town will provide for water and sewer service at no cost to the
park restrooms, picnic shelter and water fountains.
b. The Town will be responsible for the opening and closing of any
gate to the park, if such is deemed necessary, on a mutually-
agreeable schedule and at the Town’s discretion.
2. PUBLIC SAFETY COVERAGE FOR THE PARK
a. The Orange County Sheriff’s Office will be the initial primary
provider, with the Town Police Department supporting and assisting
in this capacity. The Town and County public safety providers will
continue to review response to calls in the park and make
adjustments to responsibilities as needed and prudent.
3. AMENDMENTS
This Agreement may be amended by mutual written consent of the Town
and County. The Agreement will be reviewed at least once every five
years for needed changes and updates.
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Any future improvements to the Park after the date of this agreement will
be considered by both the Town and County.
4.TERM
This Agreement shall terminate upon mutual agreement of the Town and
County Boards of Commissioners; or on December 31, 2025. The parties
commit to review and consider renewal of the Agreement on or before
December 31, 2025. This agreement is renewable with mutual agreement of
the two governing bodies.
5.GOVERNMENTAL APPROVALS
This Agreement is subject to the review and approval of the Town and County
Boards of Commissioners.
6.ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the parties
hereto. This, the 14th day of December, 2020:
__________________________
Mayor, Town of Hillsborough
WITNESS:
________________________
Town Clerk
This, the 7th day of December, 2020.
___________________________
Chair, Orange County Board of Commissioners
WITNESS:
_______________________
Clerk to the Board
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