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5 <br />STATE OF NORTH CAROLINA <br />UTILITY SERVICE AGREEMENT <br />COUNTY OF ORANGE <br />THIS AGREEMENT made and entered into this the day of ,2004, by <br />and between The City of Mebane, a North Carolina Municipal Corporation (hereinafter <br />sometimes referred to as "the City" or "City"'} and The County of Orange, a political <br />subdivision of the State of North Catalina (hereinafter sometimes referred to as "the <br />County" ar County"). <br />WINESSETH: <br />WHEREAS the City of Mebane as an incorporated municipality operates a public water <br />supply and distribution system and a public waste water collection and treatment system <br />(sanitary sewer); and <br />WHEREAS there exists in defined areas of Orange County a need to extend water and <br />sewer treatment services to unincorporated areas of'the County to provide such services <br />to a proposed public school facility, public recreational facilities, defined areas where <br />residential uses are permitted, and to a portion of an area designated an the Orange <br />County Land Use Plan as the I-85/Buclchorn Road Economic Development District; and <br />WHEREAS the County is willing to install the necessary connections to the Mebane <br />water and sewer systems and to install the autfall lines, water mains and related facilities <br />including sewer lift stations as required for said service; <br />NOW, THEREFORE, the Parties, in consideration of the mutual covenants herein <br />contained agree as follows: <br />1. Seavice area. The area to be served includes an area designated a <br />"CommerciaUlndustrial node" on the Orange County Land Use Ptan located <br />on the south of I-SS/I-40, a portion of the I-85Buclr~horn Road Economic <br />Development District. Said areas are identified as "1 a," "lb," "2a" and ".3" on <br />the map attached hereto as Exhibit A, said rnap being incorporated herein by <br />reference. The service area thus created contains a number of existing <br />residential structures and one or more churches presently served by well and <br />septic systems which will be eligible to be connected to the public water and <br />sewer systems that are the object of this agreement. <br />2. Construction of facilities. Orange County shall, at no expense to the City of <br />.Mebane, be responsible for the construction of the necessary water mains, <br />sewer outfall lines and lift stations necessary to service the areas described <br />above. Connections to the existing City systems will be made at points <br />mutually agreeable to the parties. The County shall be responsible far <br />securing the necessary permits, eneraaeIunent agreements, and approvals for <br />