2008-118 ERCD - Memorandum of Understanding - Jordan Lake Partnership 02-17-2009 - 6b

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Memorandum of Understanding Jordan Lake Partnership members of the Partnership that are interested in pursuing joint development of such a capital project. It is anticipated that the scope of this Project will be limited to preliminary design and engineering and that final design and engineering will require separate agreements beyond the limited scope of preparing an allocation request and application. 6) Supplemental Articles. Supplemental Articles will be signed by the manager or executive director for each signatory wishing to participate in an Additional Project addressed in that Article, and will specify the Project Lead Agency, Project Scope, Project Cost, members of the Project Management Team, and Signatory Cost Shares, along with other information needed to define the Project. The Project Management Team for each Project will advise the Project Lead Agency regarding the Project. 7) Duration, Amendment and Termination. The term of this Memorandum of Understanding shall begin upon the approval of the second signatory and shall last until June 30, 2014. However, the Memorandum of Understanding shall only become binding on each signatory after approval and execution of the Memorandum of Understanding by that signatory. The Memorandum of Understanding maybe terminated, or the term can be extended, upon mutual written agreement of the signatories. This Memorandum of Understanding maybe amended with written approval of the signatories. 8) No obligation to enter into additional Articles or Agreements. It is understood that no party is obligated to participate in Supplemental Articles to this Memorandum of Understanding, or in future separate agreements executed beyond this initial Memorandum of Understanding. 9) Withdrawal from Memorandum of Understanding. Signatories may withdraw from this Memorandum of Understanding with 30 days written notice to the City of Durham, provided that any residual financial obligations shall survive such withdrawal until satisfied. The City of Durham will confirm receipt of such withdrawal and notify the other signatories within 30 days of receipt of such withdrawal. 10) Addition of Signatories. Additional parties may join the Jordan Lake Partnership by written request from the party's manager or executive director to the City of Durham and adherence to the provisions of this Memorandum of Understanding. The City of Durham will provide the new signatory with written confirmation of the party's joining the Partnership, and will notify the other signatories, within 30 days of receipt of such written request. 11) Miscellaneous Provisions. a) The singular of terms used in the Memorandum of Understanding shall include the plural, and the masculine shall include the feminine, and vice versa. March 16, 2009 Page 4 of 17