MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT, made and executed in triplicate this ____ day of _______________, 2009, by and between the County of Albemarle, Virginia, hereinafter referred to as the COUNTY, and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT.
WHEREAS, the Commonwealth’s official revenue forecasts have been reduced significantly as a result of current economic conditions and the Commonwealth Transportation Board budget for fiscal year 2010 adopted on June 18, 2009 does not include funding for continued operations of the Hatton Ferry, located on the James River near Scottsville, Virginia, between the counties of Albemarle and Buckingham, Virginia; and,
WHEREAS, the DEPARTMENT and the COUNTY, recognize the historical significance of the Hatton Ferry as one of the last remaining operational poled ferries in the United States; and,
WHEREAS, the COUNTY has expressed its support for the continued operation of the Hatton Ferry and, furthermore, the Albemarle County Board of Supervisors has voted to guarantee funding to the DEPARTMENT for the operation of the Hatton Ferry from July 1, 2009 to September 30, 2009; and,
NOW THEREFORE, in consideration of the mutual premises contained herein, the parties agree as follows:
1. The COUNTY shall:
a. Provide funds to the DEPARTMENT for the operation of the Hatton Ferry, in the amount of $9,300, no later than July 10, 2009 for the operation of the Hatton Ferry from July 1, 2009 through September 30, 2009.
b. Accept responsibility for any additional costs to operate the Hatton Ferry from July 1, 2009 until September 30, 2009 in excess of those identified in 1.a, but only after concurrence of the Albemarle County Board of Supervisors and modification of this Agreement.
2. The DEPARMENT shall:
a. Continue operation of the Hatton Ferry in accordance with established DEPARTMENT processes and procedures, including the DEPARTMENT’S current contract for an operator of the ferry, beginning July 1, 2009 and ending midnight September 30, 2009.
b. Provide a summary of operational expenditures to the COUNTY for charges of actual DEPARTMENT cost.
c. Notify the COUNTY of additional expenses resulting from unanticipated circumstances and provide detailed estimates of additional costs associated with those circumstances.
d. Return any unexpended funds to the COUNTY no later than 90 days after final operational expenses have been paid in full.
3. Nothing in this agreement shall be construed as a waiver of the COUNTY’s or the Commonwealth of Virginia’s sovereign immunity.
THE COUNTY and DEPARTMENT acknowledge that this Agreement has been prepared jointly by the parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any party.
THIS AGREEMENT, when properly executed, shall be binding upon both parties, their successors, and assigns.
THIS AGREEMENT may be modified in writing by mutual agreement of both parties.
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed as of the day, month, and year first herein written.
__________ OF __________, VIRGINIA:
Typed or printed name of signatory
Signature of Witness Date
NOTE: The official signing for the COUNTY must attach a certified copy of his or her authority to execute this agreement.
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION:
Commonwealth Transportation Commissioner Date
Commonwealth of Virginia
Department of Transportation
Signature of Witness Date
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