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DRAFT <br />NORTH CAROLINA TOWN OF HILLSBOROUGH <br />ORANGE COUNTY WATER/SEWER EXTENSION CONTRACT <br />THIS CONTRACT is entered into this day of , 1998, by and between <br />, (hereinafter the "Developer ") and the Town of Hillsborough, a North Carolina <br />municipal corporation (hereinafter the "Town "). <br />WHEREAS, the Developer proposes to extend the Town water and sewer system to serve <br />Lawrence Park (hereinafter the "Project"); and <br />WHEREAS, the Developer has agreed to pay certain costs associated with the proposed <br />extension; and <br />WHEREAS, at its meeting held , 1998, the Hillsborough Town <br />Council authorized the proposed extension subject to execution of this Agreement and <br />compliance with its terms; <br />NOW, THEREFORE, the Developer and the Town, and the heirs, successors, and assigns <br />of each of them agree: <br />(1) Subject to. Developer's compliance with the terms and conditions set forth herein, <br />and subject to Developer obtaining any necessary approval from the State of North Carolina or <br />any other agency or authority, the Town will permit the connection of improvements constructed <br />for the above - references project to the Town water and sewer systems. The Town's authorization <br />to connect to the Town's water and sewer system under this Agreement shall expire if (i) <br />substantial (i.e. more than token) construction of the project has, not begun, within one year from <br />the date upon which this contract was executed; (ii) after construction begins, construction ceases <br />for a continuous period of at least one year; or (iii) the extension to be constructed pursuant to <br />this contract has not been connected to the Town's system in accordance with the requirements <br />set forth herein within three (3) years from the date upon which this contract was executed. <br />(2) Nothing in this contract shall be construed as constituting express or implied approval <br />of the Project by the Town under any applicable Town zoning, subdivision, or other land use <br />ordinance. <br />(3) The Developer agrees to comply with or satisfy the following terms and conditions as <br />well as those set forth in Appendix A and acknowledges that the Town's authorization to connect <br />the proposed extension to the Town's system is specifically contingent upon compliance with or <br />satisfaction of the same. <br />A. General Conditions: <br />1. Unless otherwise explicitly and specifically stated, Developer shall bear the costs <br />and expenses of all of the obligations and duties created by this contract, <br />including without limitation, engineering and legal fees incurred by the Town in <br />connection with the proposed extension. <br />2. The Town will permit the physical connection of the extension to the Town's <br />water or sewer system only after all of the conditions set forth in Sections B and C <br />and any additional conditions appended hereto have been satisfied. <br />