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<br />MEMORANDUM OF UNDERSTANDING <br />THIS MEMORANDUM OF UNDERSTANDING is executed on <br />2008 by and between the Gabamts County Board of Education ("CCBOE") and the <br />North Carolina Department of Transportation ("NCDOT'"), collectively the ''`Parties". <br />WHEREAS, CCBOE is currently constructing Cox Mill High School at 1355 Cox <br />Mill Road in Cabarrus County; <br />WHEREAS, Cax Mill High School is scheduled to be completed during calendar <br />year 2009 writh anticipated occupancy by students in August 2009; <br />WHEREAS, NCDOT is requiring as a condition of issuing a driveway permit for <br />Cox. Mill High School that improvements be made to the intersection of Poplar Tent <br />Road and Cox Mill Road ("Intersection"); <br />WHEREAS, the Parties agree that improvements to the intersection are essential <br />to allow safe movement of school traffic to and from the School; <br />WHEREAS, the intersection improvements currently proposed include alert-turn <br />lane on westbound Poplar Tent Road, aright-turn lane on Cox Mill Road, and afully- <br />actuated traffic signal; <br />WHEREAS, the Total Intersection Casts will consist of the preliminary ~ <br />engineering costs, land acquisition costs, utility relocation costs, bridge widening casts, <br />and construction costs; and <br />WHEREAS, the Parties wish to get the necessary roadwork completed without <br />h <br />l <br />projects; <br />oo <br />waiving their respective positions or establishing a precedent for future sc <br />NOW, THEREFORE, in consideration of the promises exchanges and other <br />consideration, the sufficiency of which is hereby acknowledged, the Parties agree as <br />follows: <br />1. NCDOT will perform all design and construction engineering, contract <br />administration, and any other related work for the Intersection project. <br />2. Upon execution by CCBOE of the subsequent Small Construction Agreement <br />to be prepared by NCDOT, CCBOE will submit payment of $450,000 to NCDOT for <br />one-half (50%) of the approximate Total Intersection Costs. CCBOE's share of the Total <br />Intersection Costs shall not exceed $450,000. Should 50% of the Total Intersection Costs <br />be less than $450,000, then NCDOT shall remit payment to CCBOE for the difference <br />within sixty (60) days of final acceptance of the project, following completion. This is <br />the same 50% and $450,004 referenced in the resolution endorsing application for <br />NCDOT Small Construction and Other [mprovement Funds between Cabarrus <br />County and NCDOT (attached). <br />Item# 15 <br />Attachment number 1 <br />G- 5 Page 137 of 185 <br />