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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