2011-421 Planning - City of Durham - Interlocal Agreement for construction, operation of Water & Sewer Facilities in Eno EDD

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INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTYAND THE CITY OF DURHAM FOR CONSTRUCTION AND OPERATION OF WATER AND SEWER FACILITIES IN THE ENO ECONOMIC DEVELOPMENT ZONE OF ORANGE COUNTY, page 3 be paid by Orange under paragraph 4 in that Year, the excess Dedicated Receipts will be carried forward and used similarly to reduce the amounts to be paid by Orange under paragraph 4 in the following Years. The Dedicated Receipts received only during the ten Years beginning on the first July 1 after substantial completion of the relevant infrastructure will be applied in this manner. Nevertheless, the ten Year period shall end on or before the expiration of fifteen Years beginning on the first July 1 after the date of this contract. Nothing herein means that Durham will make any payment to Orange on the ground that the Dedicated Receipts exceed, in any Year or Years, the amounts to be paid by Orange under paragraph 4. If Durham is required by a court of competent jurisdiction to refund any acreage fees or frontage charges that were used towards payment of the design and the construction of the infrastructure by means of the Dedicated Receipts process described above in this paragraph, Orange shall reimburse Durham (i) to the extent the amounts paid by Orange to Durham under paragraph 4 above in a particular Year were reduced by the Dedicated Receipts attributable to the amounts refunded, and (ii) for interest associated with the refunds of the acreage fees or frontage charges that Durham is required to pay by a court of competent jurisdiction. 9. Nondiscriminatory Policies. Durham will not establish policies that impose a level of water and sewer service in the Zone that is inferior to that provided to similarly situated users of Durham water and sewer services. 10. Annexation. Durham may enter into agreements with developers and property owners that they will comply with requirements that Durham desires related to annexation, including that they will not seek annexation by any municipality other than Durham; that they will petition for annexation when requested by Durham; and that they will be subject to remedies for violating the annexation-related provisions. 11. Regulations. Durham shall have the authority to protect and regulate the water and sewer systems and its users in the Zone, including water use restrictions and regulations respecting introduction of pollutants into the wastewater system. 12. Duration. This agreement shall be perpetual, unless terminated earlier by mutual agreement. Nevertheless, this contract shall terminate if construction of the infrastructure has not begun within three (3) years of the date of this agreement. On such termination, all obligations that are still executory on both sides are discharged but any right based on prior breach or performance survives. The governing body of each party hereto has determined the duration provided in this paragraph to be reasonable. 13. Appointment of Personnel^ The City Manager shall designate persons to carry out Durham's obligations under this agreement. The County Manager shall designate persons to carry out Orange's obligations under this agreement. 14. Amendment and Termination. This agreement may be amended or terminated by agreement of the parties. An amendment is not valid unless signed by both parties and otherwise in accordance with requirements of law. An amendment is not enforceable against Durham unless it is signed by its City Manager, or a deputy or assistant City Manager. An