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4 <br /> WHEREAS, it is recognized by both parties that there are limitations imposed by <br /> safety considerations caused by the site's previous use for waste-disposal <br /> purposes, as addressed in part by a geo-technical report ("Report of <br /> Geotechnical Evaluation, Closed Hillsborough Landfill Site, July 19, 2000") that <br /> have affected the potential locations within the site for a park; and <br /> WHEREAS, a Fairview Park Master Plan was created by a committee of County <br /> and Town representatives in 2006 and was subsequently adopted by both the <br /> Town and County Boards of Commissioners; and <br /> WHEREAS, the County and Town jointly applied for and received grant funding <br /> for park construction from the N.C. Parks and Recreation Trust Fund in 2009; <br /> and <br /> WHEREAS, Fairview Park was constructed in 2010, with a signed interlocal <br /> agreement dated November 16, 2010 to address needed property exchanges for <br /> public safety and liability concerns, Town contributions to park operations and <br /> potential annexation into the Town of Hillsborough, among other matters; and <br /> WHEREAS the parties wish to continue certain arrangements regarding the <br /> operation and responsibilities of the park: <br /> NOW, THEREFORE, in consideration of the foregoing and on mutual promises <br /> and obligations set forth herein, the receipt and sufficiency of which is hereby <br /> acknowledged, the parties agree as follows: <br /> 1. TOWN CONTRIBUTIONS TO OPERATING EXPENSES <br /> a. The Town will provide for water and sewer service at no cost to the <br /> park restrooms, picnic shelter and water fountains. <br /> b. The Town will be responsible for the opening and closing of any <br /> gate to the park, if such is deemed necessary, on a mutually- <br /> agreeable schedule and at the Town's discretion. <br /> 2. PUBLIC SAFETY COVERAGE FOR THE PARK <br /> a. The Orange County Sheriff's Office will be the initial primary <br /> provider, with the Town Police Department supporting and assisting <br /> in this capacity. The Town and County public safety providers will <br /> continue to review response to calls in the park and make <br /> adjustments to responsibilities as needed and prudent. <br /> 3. AMENDMENTS <br /> This Agreement may be amended by mutual written consent of the Town <br /> and County. The Agreement will be reviewed at least once every five <br /> years for needed changes and updates. <br />