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<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 /> <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 /> <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 /> <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 /> <br />WHEREAS the parties wish to continue certain arrangements regarding the <br />operation and responsibilities of the park: <br /> <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 /> <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 /> <br /> <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 /> <br /> <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 />DocuSign Envelope ID: AF2C24A3-33FB-486D-B86A-F94D4C112710