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Agenda - 11-23-1998 - C2 (b,c)
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Agenda - 11-23-1998 - C2 (b,c)
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BOCC
Date
11/23/1998
Meeting Type
Public Hearing
Document Type
Agenda
Agenda Item
C 2 (b,c)
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Minutes - 19981123
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\Board of County Commissioners\Minutes - Approved\1990's\1998
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C'S~ <br />3. The Town shall maintain the improvements constructed under this contract after <br />they are dedicated. However, if within one yeaz of the date that the offer of <br />dedication of the extension constructed pursuant to this contract is accepted, <br />defects in workmanship or materials are discovered in work done pursuant to this <br />contract by or for the Developer, the Developer shall see that such defects are <br />promptly corrected at the Developer's expense. <br />4. The Town may make or authorize extensions or connections to or from any of the <br />improvements constructed pursuant to this contract without permission of the <br />Developer. <br />5. Developer's construction of improvements pursuant to this contract shall not <br />relieve Developer of the obligation to pay applicable fees under the Town's water <br />and sewer policies <br />6. Developer's construction of improvements pursuant to this contract does not <br />affect the Town's .policy with respect to the fees to be paid to the Town by <br />property owners other than Developer for connection to the improvements <br />constructed by Developer pursuant to this contract. Nor shall Developer have any <br />right to collect fees from persons connecting onto or extending the improvements <br />constructed under this contract. Water and Sewer services which met all <br />minimum State standazds will be provided to this Development by the Town. <br />7. Water and sewer service which meets all minimum State standazds will be <br />provided to the development by the Town. The Town does not warrant that any <br />particulaz quality, quantity, or pressure of water shall be applicable to serve the <br />Project. <br />8. All fees and chazges to be paid pursuant to this contract shall be calculated in <br />accordance with the fee schedule m effect when payment is made. <br />9. This contract may be assigned by the Developer, but such successor or assignee <br />shall obtain no rights hereunder until after it has provided the Town with a written <br />acknowledgement of its obligations and responsibilities under this Agreement. <br />However, this contract is specific to the Project described above and any change <br />or alteration in the approved plans of such project shall, absent the written consent <br />of the Town, void this contract. <br />10. The words "line" or "lines" shall include "main" or "mains" unless the contract <br />otherwise requires. "Sewer" means "sanitary sewer." <br />11. This contract shall be deemed made in and shall be construed in accordance with <br />the law of North Cazolina. All litigation arising out of this contract shall be <br />bought in courts sitting in North Cazolina. <br />B. Pre-Construction Conditions: <br />1. The Developer shall engage a registered professional engineer to prepaze plans <br />and specifications for the construction of water improvements and/or sanitary <br />sewer improvements to serve the Project. <br />2. The Developer shall secure approval of the construction plans by the following <br />agencies or authorities, to the extend applicable: <br />2 <br />
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