Minutes 10-02-2012 - Laserfiche WebLink

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Agreement or by any Orange County resident, group or organization. Recommendations for a change or revision shall be submitted to the General Manager of TTA, who shall forward the recommendation to the SWG for its review, consideration and advice. The SWG shall fully consider any recommendation for change in the Plan and report back to the Parties. The report of the SWG shall include its opinion on the recommended change along with the recommendation itself. In the event that the three SWG voting members cannot agree on a shared opinion of any recommended change, then both majority and minority perspectives on the recommended change may be provided to the Parties. Additionally, any citizen or group may submit its opinion on the recommended change to the Parties as well. 15. Any proposed material change to the Plan shall be effective only upon its approval by each and every Party to this Agreement, namely the Orange BOCC, the DCHC, and TTA. 16. Any proposed change to the Plan shall be deemed non-material unless it involves one of the following: (A) An annual increase or decrease in total revenues from the Plan revenues (sales tax revenues, vehicle registration fee revenues, and rental vehicle tax revenues) of 5% or more; or (B) An annual increase or decrease in the project capital cost (including financing) of the LRT project in the Plan of 10% or more prior to entering final design and 5% or more thereafter; or (C) An annual increase or decrease in the overall project operating costs of the LRT project in the Plan of over 5% or more; or (D) An annual increase or decrease in the overall funds provided for bus service in the Plan of 5% or more; or (E) An annual increase or decrease in the funds provided to Orange, the Chapel Hill/Carrboro/UNC Partnership, or TTA for bus service of more than 5% of the amount provided in the Plan or more than $300,000, whichever is greater. A proposed elimination or addition of any fixed guideway capital project shall be considered a material change to the Plan. 17. Any proposed change to the Plan that is deemed non-material shall be effective only upon its approval by the Orange County Manager, the Planning Manager of DCHC, and the General Manager of TTA. Any change whether material or non-material must be evidenced by a written document signed by all Parties. 18. The term of this Agreement shall be from the date first above recorded to and including June 30, 2035. Upon its expiration the Agreement may be renewed upon mutual agreement of the Parties. The Agreement may be modified as needed upon mutual agreement of the Parties and may be terminated upon mutual agreement of the Parties or by either of the Parties upon a material breach by the other Party. Any modification must be in the form of a written agreement signed by all Parties.