2009-084 EDC - Utility Extension Fund Agreement and Taylor Fish Farms

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(2.) The total County commitment to the Partnership from the Utility Extension Fund shall not exceed $9,447.00. This payment shall be made to the Partnership within thirty (30) days of the Partnership providing such evidence as may be necessary in the County's sole discretion, to show that they have completed all work necessary to upgrade the water, sewer, and electrical system improvements as contemplated herein, and that such work was properly permitted and is Orange County and North Carolina Code compliant. II. PARTNERSHIP COMMITMENT (1.) The Partnership agrees to seek compliance with or remain in compliance with the Orange County Zoning Ordinance; to continue its efforts to employ Orange County citizens; to maintain wage rates that comply with Orange County living wage standards; (2.) The Partnership shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. (3.) The Partnership agrees to provide all documentation and evidence requested by the County, sufficient to establish that it has completed the work of upgrading the water, sewer, and electrical systems at the aquaculture facility, that such work was properly permitted, and that such work is in compliance with applicable Orange County and North Carolina. Code. III. REMEDY If Orange County determines that the Partnership does not meet ancUor maintain the terms set forth in this Agreement, the County shall provide the Partnership written notice of the violation. The Partnership shall have thirty (30) days from date of notice to cure the breach to the County' satisfaction or reimburse the County the full amount of the disbursement from the Utility Extension Fund. IV. AMENDMENT This Agreement may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of the County and the Partnership. V. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that the Agreement constitutes the complete and exclusive statement of the agreement between the parties. VI. NONASSIGNMENT The Partnership shall not make any assignment of this Agreement (including rights to payments) without the prior written consent of the County. VII. SEVERABILITY If any term or provision of this Agreement is held to be illegal, invalid, or unenforceable, the legality, validity, or enforceability of the remaining terms, or provisions of this Agreement shall not be affected thereby; and in lieu of such illegal, invalid or unenforceable term or provision, there shall be added by mutual agreement to this Agreement, a legal, valid, or enforceable term or provision, as similar as possible to the term or provision declared illegal, invalid, or unenforceable.