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