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5 <br /> INTERLOCALAGREEMENT BETWEEN ORANGE COUNTY AND THE TOWN OF HILLSBOROUGH FOR CONSTRUCTION AND <br /> OPERATION OF WATER AND SEWER FACILITIES IN THE HILLSBOROUGH AREA ECONOMIC DEVELOPMENT DISTRICT OF <br /> ORANGE COUNTY <br /> within the Hillsborough Area Economic Development District and that such uses, if permitted <br /> by Orange County (for those projects not slated for immediate and/or delayed annexation), <br /> will be served subject only to available capacity and other aspects outlined herein. <br /> The reservation is made for a period of 5 years and is renewable for an additional 5 years <br /> upon request and approval. If a Town of Hillsborough utility agreement uses part of this <br /> reservation then the reservation amount is reduced unless otherwise requested and approved. <br /> This agreement is not intended to mandate annexation nor exclude the potential for the project <br /> to remain in the County's planning jurisdiction. If the project remains in the County's planning <br /> jurisdiction, the water and sewer service utility agreement between the developer and the <br /> Town of Hillsborough will be accompanied by a voluntary annexation agreement to be acted <br /> upon when Orange County and the Town of Hillsborough agree to the timing of such <br /> annexation. This would include the preparation and review of an annexation report prepared <br /> for and submitted to the Town of Hillsborough by a developer. <br /> When development occurs in the jurisdiction as noted in Exhibit A, the land use parameters <br /> noted within the Orange County/Town of Hillsborough joint land use plan will act as guidance <br /> to zoning. <br /> 5. Construction Standards. In all respects, except to the extent otherwise stated in this agreement, <br /> the construction will be done in accordance with (i) Hillsborough utility standards, <br /> requirements, specifications, and procedures, including approvals of plans and permits, <br /> conducting inspections, requiring tests and certifications, and requiring record (as-built) <br /> drawings, and (ii) any applicable federal and state standards. Notwithstanding any other part <br /> or provision of this agreement should any such approvals or permits be withheld or <br /> unobtainable, this agreement may be terminated by Orange County, at no cost and with no <br /> further liability or obligation to Orange County, upon written notice to the Town of <br /> Hillsborough. <br /> 6. Ownership of and Responsibility for Infrastructure. The Town of Hillsborough will be the <br /> owner of and responsible for the operation and maintenance of the infrastructure constructed <br /> under the construction contracts. All construction contracts shall provide for the <br /> indemnification and defense by the contractors of both Orange County and the Town of <br /> Hillsborough. <br />