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5 <br />located if the tract is located in only one of the Counties. If the tract is located in <br />both Counties, both Boards must approve the purchase and must approve the <br />manner in which title to the tract is conveyed. <br />II. Park Management <br />Allowed Uses. The Park shall be open and available to the general public regardless of race, <br />gender, color, creed, age, disability, familial status, marital status, veteran status, political or <br />religious affiliation or national origin. Orange County and Durham County, through their <br />respective Boards, with input from a citizen advisory committee and other members of the <br />public, have agreed on what uses will and will not be allowed in the Park. Modification of <br />the approved uses will be considered through the joint county staff and recommended for <br />consideration and approval by the Boards. <br />2. Annual Objectives: Operations at the Park shall be guided by a jointly approved set of <br />priorities and actions developed by fiscal year in conjunction with the annual budget. The <br />Annual Objectives may be modified as needed throughout the year based on agreement from <br />both counties. The Annual Objectives should specify major new capital projects, major <br />maintenance or operational issues, general programming and other activities. Orange and <br />Durham staff will meet twice annually to discuss the budget and objectives. Annual <br />objectives shall be consistent with the approved Management Plan and Park Master Plan. <br />3. Park Policies and Regulations. Orange County and Durham County, through their Boards, <br />shall approve all rules, regulations, ordinances, policies, and fees, contained in Operational <br />Guidelines to be implemented by Orange County and where necessary by Orange County <br />and Durham County in the operation and management of the Park, unless specifically <br />otherwise provided for in this Agreement. The policies and regulations may be amended <br />from time to time by mutual agreement and approval of the Boards. <br />4. Budget. The Orange and Durham County Managers, or their designees shall meet to consider <br />and make recommendations regarding an annual budget for the operation of the Park, and a <br />capital- budget. The annual budget should be based on proposed annual objectives as detailed <br />above. The capital budget shall include proposed capital improvements to be made to the <br />Park within the next fiscal year. The recommendations of the Managers shall be submitted to <br />their respective Boards. The Boards shall each consider such budget recommendations and <br />take such action as deemed appropriate. If the Boards do not both agree to the annual budget <br />as submitted by the Managers, the Managers shall meet again to try to create another budget <br />proposal, and the Boards shall again attempt to come to agreement. The failure of the <br />respective Boards to agree upon an annual budget after a second attempt shall be grounds for <br />terminating this Agreement. Transfers between FY budgetary line items of up to $1,000 can <br />be made administratively by Orange County; transfers over $1,000 require the consent from <br />Durham County Manager or his designee. <br />5. Annual Reports. Reports on the activities in the park may be prepared for presentation as <br />needed by Durham and/or Orange Counties. Any reports prepared for presentation should be <br />shared with the other county. <br />Page 3 of 10 <br />