HomeMy WebLinkAboutOTHER-2025-104-Renewal of Fairview Park Memorandum of Interlocal Agreement 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 , 300 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 ; and
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 , Town and
community 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 , the first phase of 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 , by virtue of renewed versions of this agreement adopted in prior
years , 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 .
4 . TERM
This Agreement shall terminate upon mutual agreement of the Town and County
Boards of Commissioners ; or on December 31 , 2030 . The parties commit to review and
consider renewal of the Agreement on or before December 31 , 2030 . 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 xx day of December, 2025:
Mayor, Town of Hillsborough
WITNESS :
Town Clerk
This, the 1st day of December, 2025:
a/ yL
Cha ' , range County Board of Commissioners
aNESS :
Clerk to thejoard
I
1
i
i
i
i