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o ° ~~ 3.0 ~ <br />Natural Resource Protection <br />Other functions identified in section A3 of the Schedule A as "Excluded Functions" or <br />identified in the Annual Workplan (Section A2 of Schedule A) as the "Town's <br />Responsibility". <br />2.2 In the event Town desires to have County add any Excluded Functions to the Services <br />hereunder, a separate agreement therefore may be entered into between Town and <br />County pursuant to Article 8.6 of this Interlocal Agreement. <br />ARTICLE 3 -COMPENSATION <br />3.1 Town shall reimburse County for the expenses associated with the Services provided <br />by County for the Permit Year of the initial and any renewal term of this Interlocal <br />Agreement in the amounts set forth in section Al of Schedule A. Payment for Startup <br />Costs and Annual Fees for Permit Year 1 of the initial term of this Interlocal <br />Agreement shall be due and payable on March 1, 2006. If this Interlocal Agreement is <br />renewed for an additional renewal term, payment for the Permit Year 2 shall be due <br />and payable in advance on September 15, 2006. Payment for the 2°d and any other <br />subsequent renewal term of this Interlocal Agreement shall be due and payable in <br />advance to the County on September 15 of the preceding term. Town and County agree <br />that the Startup Costs and Annual Fees set forth in section A 1 of Schedule A, or any <br />amendment thereof, are estimated in order to afford County the opportunity to have the <br />necessary resources available to provide said Services. Town shall, within 60 days of <br />submission of an invoice by the County, reimburse the County for any reasonable <br />expenses in excess of the Startup Costs and Annual Fees set forth in section Al of <br />Schedule A, or any amendment thereof, that may be incurred by the County in <br />providing the Services. <br />3.2 Town hereby grants County the right to go upon and otherwise access Town property, <br />including any drainage easements, and the rights-of--way of streets within the Town <br />which have been accepted for dedication by the Town, for purposes of carrying out the <br />Services. County shall not be required to provide Services on private property, unless <br />the Town provides the County .with legal right of access to the same. <br />ARTICLE 4 -GOVERNMENTAL IMMUNITY <br />To the extent permitted by law, Town agrees to indemnify and hold County harmless <br />from and against any and all claims, liabilities, damages and expenses, including <br />attorney's fees, arising from the Town's operation and maintenance of the Town's <br />Municipal Separate Storm Sewer System and from the implementation of the Permit <br />or this Interlocal Agreement. Nothing herein is intended to serve as a waiver of <br />sovereign or governmental immunity by any party to which such immunity may be <br />applicable. There shall be no third party beneficiaries to this Interlocal Agreement, and <br />nothing herein shall be construed as consent to be sued by third parties in any matter <br />arising out of this Interlocal Agreement or any other agreement. <br />ARTICLE 5 -TERM OF INTERLOCAL AGREEMENT <br />Page 7 of 13 <br />Isg:orangecounty\030906 Draft Phase II Agreement to Town.doc <br />