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3 <br /> MEMORANDUM OF INTERLOCAL AGREEMENT <br /> ORANGE COUNTY, NC <br /> TOWN OF HILLSBOROUGH, NC <br /> REGARDING FAIRVIEW PARK OPERATIONS AND RESPONSIBILITIES <br /> THIS AGREEMENT, made and entered into between the Town of Hillsborough, North <br /> Carolina, a North Carolina municipal corporation, 101 East Orange Street, Hillsborough, NC <br /> 27278 (hereinafter referred to as the "Town"); and Orange County, a body politic and <br /> corporate, a political subdivision of the State of North Carolina, 300 West Tryon Street, <br /> Hillsborough, NC 27278 (hereinafter referred to as the "County"), for the joint and/or <br /> assigned operations and responsibilities of Fairview Park, located in Hillsborough, NC. <br /> WITNESSETH <br /> WHEREAS, the parties to this agreement are public bodies, politic and corporate, under the <br /> laws of the State of North Carolina and are vested with the power and authority to own and <br /> improve real estate for recreational and other public purposes; and <br /> WHEREAS, the Fairview neighborhood of the Town of Hillsborough adjoins a designated <br /> park site that was identified as part of the Community Revitalization effort funded through <br /> Community Development Block Grants in the 1980s, and identified in both the County and <br /> Town Comprehensive Plans; and <br /> WHEREAS, the 2001 Orange County Parks and Open Space Bond included funding for <br /> planning and construction of Fairview Park; and <br /> WHEREAS, the Town and County both own property within the said Fairview Park site <br /> (hereinafter "Fairview Park"), and the Town's corporate limits abut the site on three sides; <br /> and <br /> WHEREAS, the County and Town recognized the mutual benefit and interest of the parties <br /> hereto, and to the public generally, in the construction of park facilities on Town and County <br /> owned property for Fairview Park, with the Town agreeing to donate its land toward this <br /> purpose; and <br /> WHEREAS, the Town and County entered into a Memorandum of Agreement in 2004 <br /> regarding use of both Town and County lands together for Fairview Park, and a process for <br /> creating a master plan for the park; and <br /> WHEREAS, it is recognized by both parties that there are limitations imposed by safety <br /> considerations caused by the 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") that have affected the potential locations within <br /> the site for a park; and <br />