Browse
Search
Agenda - 09-20-2011 - 8b
OrangeCountyNC
>
Board of County Commissioners
>
BOCC Agendas
>
2010's
>
2011
>
Agenda - 09-20-2011
>
Agenda - 09-20-2011 - 8b
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
9/16/2011 9:45:06 AM
Creation date
9/16/2011 9:45:01 AM
Metadata
Fields
Template:
BOCC
Date
9/20/2011
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8b
Document Relationships
2011-421 Planning - City of Durham - Interlocal Agreement for construction, operation of Water & Sewer Facilities in Eno EDD
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2011
Minutes 09-20-2011
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2011
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
19
PDF
View images
View plain text
INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTYAND THE CITY OF DURHAMFOR CONSTRUCTIONAND 4 <br />OPERATION OF WATER AND SEWER FACILITIES IN THE ENO ECONOMIC DEVELOPMENT ZONE OF ORANGE <br />COUNTY, page 2 <br />process if they jointly determine it is prudent to do so. If themanagers do not jointly agree it <br />is-prudent to suspend or abandon the process, it is agreed that suspension or abandonment <br />will not be effective unless the parties' governing bodies jointly agree to suspend or abandon. <br />4. Payment. For each construction contract, Orange will select payment option A or payment <br />option B and will notify Durham of its selection within twenty days after Durham shall have <br />executed the construction contract. Payment option A: Durham will invoice Orange from as <br />invoices are received from the selected construction contractor for payments made or <br />required to be made under the construction contracts. Orange wilLpay each invoice within <br />thirty (30) days after it receives it. Payment option B: Orange will-reimburse Durham for <br />payments made or required to be made under the construction contracts over a 10-year <br />period, beginning on substantial completion, at an annual interest rate of 5%. The remainder <br />of this paragraph applies to both payment options. [Provided however Orange shall not be <br />required to pay for services that were not appropriately authorized or ratified by Durham or <br />which Durham did not find to be satisfactorily performed by the contractor, provided that <br />Dur-ham will not be liable to Orange for making a Ending of satisfactory performance. <br />Durham will insert in the construction contracts a provision stating, "Orange County, a N. C. <br />political subdivision, is a third-parry beneficiary of this contract." <br />5. Construction Standards. In all respects except to the extent otherwise stated in this contract, <br />the construction will be done in accordance with (i) Durham standards, requirements, and <br />procedures, including approvals of plans, conducting inspections, requiring tests and <br />certifications, and requiring as-built drawings, and (ii) any applicab-le federal and state <br />standards. <br />6. Ownership of_and Responsibility-for Infrastructure- Durham will be the owner of and <br />responsible for the operation and maintenance of the infrastructure constructed under the <br />construction contracts. All construction contracts shall provide for the indemnificationand <br />defense by the contractors of both Orange and Durham. <br />7. Fees and Charges. As long as a particular property is located outside Durham's corporate <br />limits, Durham will impose, process, and collect all fees and charges with respect to that <br />particular property, including acreage fees, connection charges, frontage charges, capacity <br />charges, and utility rates, as Durham charges on other locations outside Durham's corporate <br />limits. Except to the extent specified otherwise,- Orange will have no right to any of those <br />-fees and charges, and nothing in this agreement will affect the use or disposition of those fees <br />and charges. <br />8. Reduction in Payments from Orange. The acreage fees and frontage charges collected by <br />Durham from the Zone will be used towards payment of the design and the construction of <br />the infrastructure (collectively, the "Dedicated Receipts"). ("Acreage fees" means impact <br />fees (as defined in Durham City Code sections 30-81 et seq.) that are based on area.) No <br />other fees or charges collected by Durham, such as capacity and connection charges, will be <br />used for that purpose. The amounts to be paid by Orange to Durham under paragraph 4 <br />above in a particular Year will be reduced by the Dedicated Receipts received by Durham in <br />that Year. If the Dedicated Receipts received by Durham in that Year exceed the amounts to <br />
The URL can be used to link to this page
Your browser does not support the video tag.
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).