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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 /> TIP#: B-6037 <br /> AND WBS Elements: 48404.3.1 <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 /> WITNESSETH: <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. <br /> Agreement ID# 12696 1 <br />