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4 <br />Drag 10/25/04 <br />Fairview park site and other Town and County owned property in the vicinity of the Fairview <br />park site; and <br />WHEREAS, it is recognized by both parties that there are limitations imposed by safety <br />considerations caused by the Fairview park site's previous use for waste-disposal purposes, as <br />addressed in part by a geo-technical report ("Report of Geotechnical Evaluation, Closed <br />Hillsborough Landfill Site, July 19, 2000") in 1999; and <br />WHEREAS, the parties recognize the mutual benefit in the County acting as the lead entity in <br />the construction and financing of facilities at the Fairview park site (but not the Town's proposed <br />Public Works facility), to be built with funds from the 2001 bond amount of $850,000; and <br />WHEREAS, the laws of the State of North Carolina provide that the parties hereto may contract, <br />for the ,joint design, construction, development and use of facilities for the stated public <br />purposes; and <br />WHEREAS, the parties hereto agree to allow master planning for the future construction and use <br />of all of the three properties identified on the map in Attachment 1 to be developed and <br />programmed for public activity as one unit meeting mutual needs contingent on future approval <br />of plans for the properties by the entity or' entities having,jurisdiction to approve such plans; and <br />WHEREAS, the funding for any additional facilities or activity at the Fairview park site (beyond <br />the $850,000 currently appropriated by the County for Phase II of the park) will be addressed by <br />the County and Town in amutually-agreeable fashion at a later date: <br />NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and <br />obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the <br />parties agree as follows: <br />1. PROCESS FOR PLANNING & DESIGN OF PARK, COUNTY PARKS <br />OPERATIONS BASE AND TOWN AND COUNTY PUBLIC WORKS FACILITIES <br />The process for planning and designing the Fairview pazk site, County Parks Operations Base <br />and Town and County Public Works facilities will encompass the land currently owned by <br />both the Town and County in the immediate vicinity of the Fairview park site (as shown in <br />the map in Attaclunent 1). Together these pazcels represent approximately 92 acres and are <br />hereinafter collectively referred to as "the Site." The Planning for the Fairview Park and <br />County Parks Operations Base will focus on the park, but will also consider and address, to <br />the extent possible, the interests of both the Town and County to locate additional, facilities <br />on the property, such as the County Parks Operations Base and Town and County Public <br />Works facilities, <br />The County and Town will appoint, as soon as practical, a Master Plan Committee to develop <br />reconunendations for the design and use of the Site. The Committee shall be appointed by <br />approval of both County and Town Boards of Commissioners, and shall consist of the <br />following charge and membership: <br />