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~~C~b4r~ar'Ay ~J:...-~ <br />Draft 4/23/03 <br />STATE OF NORTH CAROLINA <br />COUNTY OF ORANGE <br />MEMORANDUM OF AGREEMENT <br />BETWEEN THE TOWN OF HILLSBOROUGH <br />AND THE COUNTY OF ORANGE REGARDING <br />PLANNING FOR FAIRVIEW PARK AND CAMPUS <br />THIS AGREEMENT, made and entered into between the Town of Hillsborough, North <br />Carolina, a North Carolina municipal corporation, xxx Churton Street, Hillsborough, North <br />Carolina 27278 (hereinafter referred to as the "Town"), and the County of Orange, a North <br />Carolina municipal corporation, 200 South Cameron Street, Hillsborough, North Carolina 27278 <br />(hereinafter referred to as the "County"), for the joint development of a park and public facility <br />campus. <br />WITNESSETH <br />WHEREAS, the parties to this agreement are public bodies, politic and corporate, under the laws <br />of the State of North Carolina; and <br />WHEREAS, the parties are vested with the power and authority to own and improve real estate <br />for recreational and other public purposes; and <br />WHEREAS, the Fairview area of Hillsborough has a designated park site that was established as <br />part of the Community Revitalization effort funded through Community Development block <br />Grants in the 1980s, and identified in both the County and Town Comprehensive Plans; and <br />WHEREAS, a Phase I of Fairview Park on the County-owned portion of the park site have been <br />constructed by the County, including a playground and playing field; and <br />WHEREAS, the 2001 Park and Open Space Bond for Orange County included $850,000 for <br />planning and construction of Phase II of the park; and <br />WHEREAS, the Town and County both own property including and in the immediate vicinity of <br />the existing park totaling 92 acres; and <br />WHEREAS, the Town and County recognize the mutual benefit and interest of the parties <br />hereto, and to the public generally, in the construction of park and community facilities on these <br />same properties; 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 addressed in part <br />by a geo-technical report ("need title") in 1999; and <br />