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2015-113 Planning - Amendment to Interlocal Agreement between OC-City of Durham, Construction-Operation of Water-Sewer Facilities in the Eno ED Zone
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2015-113 Planning - Amendment to Interlocal Agreement between OC-City of Durham, Construction-Operation of Water-Sewer Facilities in the Eno ED Zone
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Last modified
12/17/2019 2:31:12 PM
Creation date
1/23/2015 9:57:07 AM
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Contract
Date
1/23/2015
Contract Starting Date
1/20/2012
Contract Ending Date
1/31/2017
Contract Document Type
Agreement - Interlocal
Agenda Item
12/1/14; 7-c
Document Relationships
Agenda - 12-01-2014 - 7c
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Path:
\Board of County Commissioners\BOCC Agendas\2010's\2014\Agenda - 12-01-2014 - Regular Mtg.
R 2015-113 Planning - City of Durham - Amendment to Interlocal Agreement bet. OC and City of Durham re construction/operation of water/sewer facilities
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2015
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JNTERIOCdLAGREEMF,VTBETWEE,V ORANGE COUNTYAND THE CJTY0FD0RI1AMFOR CONSTRUCTIONAND <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 the managers 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. P4yment. 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 will pay 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 /> Durham will not be liable to Orange for making a finding 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-party 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 applicable 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 indemnification and <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 /> cliarges,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 Orp-&e—. 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 />
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