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Agreement ID # 12696 1 <br />NORTH CAROLINA TRANSPORTATION IMPROVEMENT PROJECT – <br />MUNICIPAL AGREEMENT WITH BETTERMENTS <br />ORANGE COUNTY <br /> DATE: 10/19/2023 <br />NORTH CAROLINA DEPARTMENT OF <br />TRANSPORTATION <br /> <br /> TIP #: B-6037 <br />AND WBS Elements: 48404.3.1 <br /> <br />ORANGE COUNTY <br />THIS MUNICIPAL AGREEMENT is made and entered into on the last date executed below, by and <br />between the North Carolina Department of Transportation, an agency of the State of North Carolina, <br />hereinafter referred to as the “Department” and the Orange County, a local government entity, <br />hereinafter referred to as the “County”. <br />W I T N E S S E T H: <br />WHEREAS, the Department has plans to make certain street and highway constructions and <br />improvements within the County under Project B-6037, WBS 48404.3.1, in Orange County; and, <br />WHEREAS, the Department and the County have agreed that the municipal limits, as of the date of <br />the awarding of the contract for the construction of the above-mentioned project, are to be used in <br />determining the duties, responsibilities, rights and legal obligations of the parties hereto for the <br />purposes of this Agreement; and, <br />WHEREAS, this Agreement is made under the authority granted to the Department by the North <br />Carolina General Assembly, including but not limited to, the following legislation: General Statutes of <br />North Carolina (NCGS), Section 136-66.1, Section 160A-296 and 297, Section 136-18, and Section <br />20-169, to participate in the planning and construction of a Project approved by the Board of <br />Transportation for the safe and efficient utilization of transportation systems for the public good; and, <br />WHEREAS, the parties to this Agreement have approved the construction of said Project with cost <br />participation and responsibilities for the Project as hereinafter set out. <br />NOW, THEREFORE, the parties hereto, each in consideration of the promises and undertakings of <br />the other as herein provided, do hereby covenant and agree, each with the other, as follows: <br />SCOPE OF THE PROJECT <br />1. The Project consists of replacing Bridge 49 over Norfolk Southern Railway on NC 86 on Orange <br />County.