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Agenda - 04-27-2017 - 1 - Consideration of the Final Draft Durham – Orange Light Rail Cost Sharing Agreement and Final Draft Orange County Transit Plan
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Agenda - 04-27-2017 - 1 - Consideration of the Final Draft Durham – Orange Light Rail Cost Sharing Agreement and Final Draft Orange County Transit Plan
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4/26/2017 3:09:56 PM
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BOCC
Date
4/27/2017
Meeting Type
Work Session
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Agenda
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1
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10 <br /> 18. GoTriangle shall provide an annual report on the collection, allocation, and expenditure <br /> of the Dedicated Local Transit Revenues to the elected governing boards of Durham and <br /> Orange. GoTriangle shall provide to the governing boards of Durham and Orange copies <br /> of its annual audit reports as those reports are related to the collection of transit <br /> revenues in Durham and Orange, including funds collected pursuant to N.C.G.S. Chapter <br /> 105, Articles 43, 50, 51, and 52. <br /> 19. The term of this Agreement shall continue until the latter of June 30, 2037 or the final <br /> maturity date of any debt issued in connection with the D-O LRT Project and payable <br /> from the Dedicated Local Transit Revenues. <br /> 20. This Agreement may be terminated upon mutual agreement of the Parties. In the event <br /> of termination prior to the expiration of the term set forth in Paragraph 19 or of any <br /> extensions thereto, the Parties shall determine what obligations remain and how to <br /> equitably distribute such obligations as they relate to the D-O LRT Project. <br /> 21. To be effective, any amendment, change, correction, extension, or termination of this <br /> Agreement shall be in the form of a written instrument approved by the governing <br /> board of each Party. <br /> 22. This Agreement shall be governed by and in accordance with the laws of the State of <br /> North Carolina. Except as to those matters subject to arbitration under Paragraph 15, <br /> the Parties agree that all actions relating in any way to this Agreement shall be brought <br /> in the General Court of Justice in the County of Wake, North Carolina. <br /> 23. Except to the extent provided otherwise in this Agreement, the Orange County Manager <br /> shall designate persons to carry out Orange's obligations under this Agreement, the <br /> Durham County Manager shall designate persons to carry out Durham's obligations <br /> under this Agreement, and the General Manager of GoTriangle shall designate persons <br /> to carry out GoTriangle's obligations under this Agreement. <br /> 24. All equipment, improvements, and interests in real property acquired under this <br /> Agreement shall be the property of GoTriangle or another entity under separate <br /> agreement and shall be subject to disposition as required under applicable law. <br /> 25. This Agreement is entered into by the Parties for their purposes only and does not <br /> confer any rights, benefits, remedies, or privileges on any other person or entity. <br /> 26. If any provision of this Agreement is determined to be unenforceable by a court of <br /> competent jurisdiction, such determination shall not affect any other provision of this <br /> Agreement. <br /> 27. Pursuant to N.C.G.S. § 147-86.59, any person identified as engaging in investment <br /> activities in Iran, determined by appearing on the Final Divestment List created by the <br /> State Treasurer pursuant to N.C.G.S. § 147-86.58, is ineligible to contract with the State <br /> of North Carolina or any political subdivision of the State. The Iran Divestment Act of <br /> 2015, N.C.G.S. § 147-86.55 et seq., requires the contracting party to certify that it meets <br />
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