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2013-102 Planning - Andy Lloyd Land Investment Company, LLC for Well Abandonment $4,900
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2013-102 Planning - Andy Lloyd Land Investment Company, LLC for Well Abandonment $4,900
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5/1/2013 12:27:08 PM
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5/1/2013 12:26:22 PM
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BOCC
Date
5/1/2013
Meeting Type
Work Session
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Agreement
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Manger Signed
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R 2013-102 Planning - Andy Lloyd Land Investment company, LLC for Well Abandonment $4,900
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of Four Thousand Nine Hundred Dollars ($4,900) as compensation for the rights relinquished <br /> pursuant to this Agreement. Payment shall be made upon submission of the Well Abandonment <br /> Record to the North Carolina Department of Environment and Natural Resources — Division of <br /> Water Quality. <br /> 4. Water Line Connection: Owner acknowledges and agrees that the Property is <br /> connected to and receiving water supply from the Orange Alamance Water System. The <br /> permanent abandonment of the Water Well shall not impair the Owner's ability to receive water <br /> supply from the service provider. County has no obligation to maintain the water line or <br /> associated infrastructure on the Property. The Owner shall be responsible for maintaining the <br /> water system infrastructure on the Property and paying the water utility bill in accordance with <br /> the terms of the water service provider. <br /> 5. Permits and Cooperation: Owner shall, at the request of the County apply for, <br /> execute, acknowledge and deliver to the County all permits, applications, forms, instruments and <br /> documents which may be reasonably required for the permanent abandonment of the Water <br /> Well. <br /> 6. No Additional Wells: Owner agrees that no additional water wells may be drilled or <br /> enabled on the Property within 100 feet of any manhole and any new well drilled must adhere to <br /> all required setbacks in compliance with applicable County and State regulations. County <br /> reserves the right to require the Owner to abandon any and all such wells drilled in violation of <br /> this Agreement. <br /> 7. Property Access: Owner grants to County and the State of North Carolina (including <br /> agents, contractors, subcontractors, officers, designees and employees) continued access to the <br /> Property for the purpose of taking such soil, water and air samples as may be necessary, taking <br /> other actions related to the investigation of surface or subsurface conditions, plugging or <br /> abandoning water wells, and taking response action necessary to mitigate any threat to human <br /> health or the environment. Owner agrees not to interfere with such access. If the Property is <br /> damages by the access granted herein, the County shall, to the extent reasonably possible, restore <br /> the Property to the same condition in which it exists as of the date the Owner relinquishes the use <br /> and access of the Water Well. Plugging and abandoning the Water Well shall not be considered <br /> damage to the Property. <br /> 8. Binding Effect: Owner and the County each bind themselves their successors, <br /> assigns, officers and representatives to the terms of this Agreement. <br /> 9. No Limitation on Authority: Nothing in this Agreement shall be construed as limiting <br /> in any way the authority of the County to exercise statutory access rights or to take any other <br /> action authorized by law. The County further reserves the right to transfer, convey or assign its <br /> rights pursuant to this Agreement without prior notice or consent of Owner. <br /> 10. Complete Agreement: The terms contained in this Agreement constitute the entire <br /> integrated Agreement between the parties regarding the subject. This Agreement supersedes all <br /> 2 <br />
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