Agenda - 04-04-1988 - Laserfiche WebLink

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ATTACHMENT 1 152 NORTH CAROLINA TOWN OF HILLSBOROUGH ORANGE GOUNTY WATER/SEWER EXTENSION CONTRACT THIS CONTRACT is entered into this day of 19 , by and between • (hereinafter the "Developer") and the Town of Hillsborough, a North Carolina municipal corporation (hereinafter the "Town") : • WHEREAS, the Developer proposes to extend the Town water and sewer system to serve • (hereinafter the "Project") ; and WHEREAS, the Developer has agreed to pay certain costs associated with the proposed extension; and WHEREAS, at its meeting held , 19 , the Hillsborough Board of Commissioners authorized the proposed extension subject to execution of this agreement and compliance with' its terms; NOW, THEREFORE, the Developer and the Town , and the heirs, successors, and assigns of each of them agree: (1) Subject to Developer's compliance with the terms and conditions set forth herein, and subject to Developer obtaining any necessary approval from the State of North Carolina or any other agency or authority, the Town will permit the connection of improvements constructed for the above-referenced project to the Town water and sewer systems. a) The Town reserves the right to refuse to allow connection to or use of the Town water and/or sewer system ( i ) when such connection would cause the town's system or the operation thereof to be in violation of any applicable state or federal requirement; or ( ii ) for reasons not known or forseen by the town at the time this contract was executed that would create a clear and pre-ent danger to the public health or safety. Reasons for refusal to allow connection shall include, but not be limited to, lack of water supply or lack of capacity of one or more components of the water or sewer system. b) The Town's authorization to connect to the Town' s water and sewer system under this agreement shall expire if ( i ) substantial ( i .e. more than token) construction of the project has not begun within one year from the date upon which this contract was executed; ( ii ) after construction begins, construction ceases for a continuous period of at least one year; or ( iii) the extension to be constructed pursuant to this contract has not been connected to the town's system in accordance with the requirements set forth herein within three (3) years from the date upon which this contract was executed. (2) Nothing in this contract shall be construed as constituting express or implied approval of the Project by the Town under any applicable town zoning, subdivision, or other land use ordinance.