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Home My Public Portal About2011_03_08_R025 Douglass School MOUThe Town of Leesburg, RESOLUTION NO. 2011 -025 PRESENTED March 8, 2011 ADOPTED March 8, 2011 A RESOLUTION: AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN AND LOUDOUN COUNTY PUBLIC SCHOOLS REGARDING THE TURNER HARWOOD DRAINAGE IMPROVEMENT PHASE I AND PHASE II AND THE FREDERICK DOUGLASS ELEMENTARY SCHOOL PROJECT WHEREAS, the Town of Leesburg's Capital Improvement Program lists the Turner Harwood Drainage Improvement Phase I and Phase II as Potential Future Projects to provide needed storm water management; and WHEREAS, the Loudoun County School Board (the Board) desires to construct the Frederick Douglass Elementary School in the same area to meet the educational needs of the community; and WHEREAS, the Board and the Town agree that it is mutually beneficial and appropriate to coordinate their efforts and cooperate in the construction of the Town's project to provide cost savings to the community. THEREFORE, RESOLVED by the Town Council of the Town of Leesburg in Virginia that the Mayor is authorized to execute a Memorandum of Understanding with the Loudoun County School Board with respect to the Turner Harwood Drainage Improvement Phase I and II and the Frederick Douglass Elementary School Project. PASSED this 8th day of March, 2011 Clerk o ci PAResolutions\Resolu i`ons 2011 \0308 Douglass School MOU.doc IPA - • Mayor Town of MEMORANDUM OF UNDERSTANDING FOR TURNER HARWOOD DRAINAGE IMPROVEMENT PHASE I (09303) & PHASE 11 (10303) AND THE FREDERICK DOUGLASS ELEMENTARY SCHOOL PROJECT This Memorandum of Understanding (the "MOU ") is made and entered into as of 2011, by and between the LOUDOUN COUNTY SCHOOL BOARD (the "Board "), a school division and political subdivision duly authorized and validly existing under the laws of the Commonwealth of Virginia, and the TOWN OF LEESBURG (the "Town "), a municipal corporation and political subdivision duly organized and validly existing under the laws of the Commonwealth of Virginia, pursuant to a resolution duly adopted by the School Board one og Z, 2011 and Resolution No. 2011 -024 enacted by the Town Council on March 8, 2011. RECITALS 1. The Board is engaged in the planning for a new school construction project at the Frederick Douglass Elementary School site (the `Board's Project ") and the Town desires to insure that certain site - associated road and drainage improvements (the "Town's Project ") as indicated herein at Exhibit A are completed. 2. The Board and the Town agree and find that new school facilities are needed for educational purposes. 3. The Board and the Town have determined that it is mutually beneficial and appropriate to coordinate their respective efforts and to cooperate in the construction of the Town's project in order to achieve cost and other efficiencies for the parties and to maximize the benefit of Page 1 of 7 Loudoun County School Board and Town of Leesburg Memorandum of Understanding the provision of such facilities and improvements to the citizenry and school children of Loudoun County. 4. The Board's Project is known as the Frederick Douglass Elementary School project. 5. The Town's Project is known as the Turner Harwood Drainage Improvement Phase I & Phase II. NOW, THEREORE, in consideration of the mutual covenants and conditions herein contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Board and the Town covenant and agree as follows: 6. Neither the Board's Project nor the Town's Project will be approved for construction without the full execution of this MOU by both parties. 7. The Board will transfer $600,000 to the Town as part of a regional road improvement contribution site plan condition upon approval of this MOU or as shortly thereafter as possible for the acquisition of the needed rights of way and easements for both projects. 8. The Town shall acquire rights of way and easements that are needed for the Lee, Devine and Sycolin Road Industrial Condominium Association properties. 9. Both Parties agree that the adequate outfall charnel across the Lee property as well as the proposed Box Culvert across the W &OD trail will be proposed on the Turner Harwood Drainage Improvement Phase I & Phase II Site Plan but constructed as part of the Boards Project Construction. 10. The Town will acquire all needed rights of way and easements for the said projects and properties on or before July 1, 2011, provided that all plats have been submitted to the Town in an approvable format by the Board not later than March 4, 2011. Page 2 of 7 Loudoun County School Board and Town of Leesburg Memorandum of Understanding 11. In addition to the amount of $600,000 as set forth in paragraph 7, and after the Town completes the acquisition for all of the heeded said rights of way and easements, then the Board will transfer $300,000 for the Town's Project as a regional road improvement contribution site plan condition. 12. The Board's construction bid documents will include a deduct alternative that includes the improvements contained in the Town's Project site plan, except the outfall channel across the Lee property and the box culvert under the W &OD trail will not be included. 13. The Board agrees to construct the Board's Project to include in the Board's Project scope of work in addition to the said outfall channel across the Lee property and the box culvert under the W &OD trail as proposed on the Turner Harwood Drainage Improvement Phase I & Phase II Site Plan. 14. Mutual Assistance. Each party shall reasonably cooperate with the other and provide reasonable assistance, so long as cost is insignificant, to the other to aid the other party in fulfilling its obligations under this MOU. The parties acknowledge that completing the Board's Project is first priority and that they shall cooperate in maintaining the Board's Project on schedule. 15. Provided that the Site Plans are in an approvable condition, all on site easement plats have been recorded and a modified PC -2 form is executed, the The parties agree that the Town will issue site plan approval on or before May 1, 2011 with the condition that on- site paving shall begin not earlier than July 1, 2011. Necessary easements and rights of way must be acquired by the Town not later than July 1, 2011 to enable the Board's contractor to stay on schedule. The Town shall have no liability for any damages with respect to any contracts that the Board may be a party to with respect to the project. Page 3 of 7 Loudoun County School Board and Town of Leesburg Memorandum of Understanding 16. The Town must notify the Board by July 1, 2011, if it has the resources to fund the construction of the Town's Project in order for the Board to be able to make award on the deduct item for the Town's Project. If so, the Town will thereupon transfer funds necessary for the contract for the Town's Project to the Board for expenditure on the Town's Project award and construction. The Board will administer the contract for the Town's Project. The Town will be responsible for additional costs, if any, incurred during construction for the Town's project provided the additional costs were due to unforeseen site constraints and not related to any delays or construction complications caused by the Board. 17. The Board shall not be responsible for any costs associated with the Town's project in excess of the regional road contribution of $900,000 as described above. 18. No Recording. Neither party shall record this MOU nor shall it serve as a lien on the funds or real estate of either party. 19. Notices. All notices, certificates, requests, demands and other communications hereunder shall be in writing and may be personally served or sent by telefax or certified or registered mail. All such notices, certificates, requests, demands and other communications shall be delivered to the party to receive the same at the addresses indicated below (or at such other address(es) as a party may specify in a written notice): To: Loudoun County Public Schools Attn: Department of Construction 21000 Education Court Ashburn, VA 20148 With a copy to: Division Counsel Loudoun County Public Schools 21000 Education Court Ashburn, VA 20148 Page 4 of 7 Loudoun County School Board and Town of Leesburg Memorandum of Understanding To: Town of Leesburg Town Hall 25 West Market Street Leesburg, Virginia 20176 Attention: Mayor With a copy to: Town Attorney Town Hall Town of Leesburg 25 West Market Street Leesburg, Virginia 20176 20. No Construction Against Drafter. This Agreement shall be interpreted to give it fair meaning and any ambiguity shall not be construed for or against any party. IN WITNESS WHEREOF, this MOU is signed as of the date first written above: THE LOUDOUN COUNTY SCHOOL BOARD By: aA �-- - --_ _ John B. Stevens Board Chair TOWN OF LEESBURG Ma' �M'Mqqll _ _ '. Mayor Page 5 of 7 Loudoun County School Board and Town of Leesburg Memorandum of Understanding EXHIBIT A Page 6 of 7 Loudoun County School Board and Town of Leesburg Memorandum of Understanding +c ff4 R . 1 � � .... �� .�... ^,� Et ." � ��.•._�_�_-�- -'—mow �' R ZGNED. R 6 ��-- "..'` --� r ' y ` I � ,V e_s� tvi¢ x i•'s' zi ;W-a �. % _ Vg f £ `•. ROAD AND PARQW WACTS D(FMT FREDERICK DERICK DOUGLASS ELEIiENTARY SCHOOL Bo%%mmn ti g 4: ES -15 - FINAL SITE PLAN C 0 N S U L T 1 N d • ve in CATOCiw VXCTM dsrtact TOWN OF UISMM. VoWM A i A � QQ� R . 1 � � .... �� .�... ^,� Et ." � ��.•._�_�_-�- -'—mow �' R ZGNED. R 6 ��-- "..'` --� r ' y ` I � ,V e_s� tvi¢ x i•'s' zi ;W-a �. % _ Vg f £ `•. ROAD AND PARQW WACTS D(FMT FREDERICK DERICK DOUGLASS ELEIiENTARY SCHOOL Bo%%mmn ti g 4: ES -15 - FINAL SITE PLAN C 0 N S U L T 1 N d • ve in CATOCiw VXCTM dsrtact TOWN OF UISMM. VoWM A