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I <br />1 INTERLOCAL COOPERATION AGREEMENT <br />2 FOR THE ACQUISITION, PLANNING AND OPERATION OF THE HOLLOW ROCK <br />3 PORTION OF THE NEW HOPE CREEK PLAN <br />4 BY AND AMONG <br />5 THE COUNTY OF DURHAM, THE CITY OF DURHAM, <br />6 THE COUNTY OF ORANGE AND THE TOWN OF CHAPEL HILL <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />2.3 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />3.3 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into this the _ <br />day of 2006, by and among the COUNTY of DURHAM, a political <br />subdivision of the State of North Carolina, hereinafter referred to as "Durham County", the <br />CITY of DURHAM, a North Carolina municipal corporation, hereinafter referred to as "City of <br />Durham ", the TOWN of CHAPEL HILL, a North Carolina municipal corporation, hereinafter <br />referred to as "Chapel Hill ", and the COUNTY of ORANGE, a political subdivision of the State <br />of North Carolina, hereinafter referred to as "Orange County'; collectively referred to as <br />"Parties ", This Agreement is made as an Interlocal Cooperation Agreement pursuant to Part I, <br />Article 20 of Chapter 160A of the General Statutes of North Carolina, <br />WITNESSETH: <br />WHEREAS, Duke University ( "Duke ") owns a 42.8 acre tract of land lying and being in <br />Durham and Orange Counties near the intersection of Erwin Road and Pickett Road available for <br />development ( "Property") further described as all that certain parcel of land located in Durham <br />and Orange Counties, North Carolina, owned by Duke University and shown by plat entitled <br />"The Preserve at Erwin Trace" prepared by Triangle Surveyors, dated August 25, 2004; and <br />WHEREAS, Crosland Inc, a development firm, contracted with Duke to purchase the <br />Property for residential development; and <br />WHEREAS, overwhelming and significant community commitment to save this Property <br />for open space purposes led to a grass roots effort to preserve the Property for open space and <br />park purposes; and <br />WHEREAS, in keeping with the surrounding ,jurisdiction's interest in protection of the <br />New Hope Creek Corridor, Durham County placed a reservation on the Property to evaluate and <br />determine the value and interest the Property has to the surrounding jurisdictions; and <br />WHEREAS, the Property is adjacent to additional lands being acquired for open space <br />protection purposes, including 23 acres owned by the Penny family (currently under option to <br />purchase by the Triangle Land Conservancy, referred to as the `Penny Tract'), 7 acres owned by <br />Orange County, 2 acres owned by the Triangle Land Conservancy and additional Penny lands <br />pledged for conservation easements, all shown on the map attached hereto and incorporated <br />herein, entitled Attachment 1; and <br />WHEREAS, Durham County, Orange County, the City of Durham, and Chapel Hill have, <br />by resolution, committed to participate in the cost of acquiring the Property in order to assure <br />that the Property is preserved for open space and low - impact recreational public use; and <br />04 -05 -06 1 of I 1 <br />