Agenda - 02-18-1992 - Laserfiche WebLink

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NORTH CAROLINA ORANGE COUNTY ptq C TOWN OF HILLSBOROUGH SEWER EXTENSION CONTRACT THIS CONTRACT is entered into this 9th day of March , 1992 , by and between DCA General (a general partnership, hereinafter the "Developer "), Orange County (hereinafter the "County "), the Town of Hillsborough, a North Carolina municipal corporation (hereinafter the "Town ") and Meadowlands Associates (a general partnership, hereinafter "Meadowlands "): WHEREAS, the Developer proposes to extend the Town sewer system to serve a commercial development to be known as Cornerstone Park (hereinafter the "Project "), as well as other nearby properties; and WHEREAS, the Developer has agreed to pay certain costs associated with the proposed extension; and WHEREAS, by resolution adopted on May 17 _ , 1988, the Orange County Board of Commissioners has agreed to contribute certain costs associated with the proposed extension in order to facilitate sewer service for industrial development in Orange County; and WHEREAS, at its meeting held June 2 , 1988, the Hillsborough Board of Commissioners authorized the expenditure of Town funds for (1) the replacement and upgrade of the Elizabeth Brady sewage pump station; and (2) the construction of a 6" force main sewer line extending from the new Elizabeth Brady sewage pump station to the Town's wastewater treatment plant, and these improvements are necessary to accommodate existing and planned sewage treatment needs: WHEREAS, Meadowlands Associates benefits from the construction of the sewer extension and has agreed to share in the cost of the Project; NOW, THEREFORE, the Developer, the Town, the County, Meadowlands, and the heirs, successors, and assigns of each of them agree: (1) Subject to the remaining provisions of this agreement, and subject to Developer obtaining any necessary approval from the State of North Carolina, the Developer shall construct and the Town will permit the connection of the improvements described in Appendix A. a) Construction of the improvements described in Appendix A shall be commenced no later than two months after the date of execution of this agreement and completed not later than eight months after the date of execution of this agreement. For purposes of this provision, the improvements shall be considered completed when all of the Developer's obligations set forth in subsection D (Post - Construction Conditions) have been satisfied.