2011 Planning Abstract - Town of Hillsborough Stormwater program management and erosion control services

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6 32 Stomawater Management, New Developme~ County shall directly collect permit fees to provide the Services set forth in the annual work plan in section A2 of Schedule A, related to stormwater management plan review and approval for new development County shall issue storrnwater management plan approvals in accordance with the fees chazged by County, as such fees may be amended from time to time. Ail fees shall be retained by County and no other reimbursement from TOWN will be required for the provisions of Services set forth in Section 1.2 and Schedule "B" ofthis hiterlocal Agreement 3.3 Erosion and Sedimentation Control: County shall directly collect permit fees to provide the Services set forth in Section 1.2 above and on Schedule "B". Pemuts shaIl be issued by County in accordance with the fees charged by County, as such fees may be amended from time to time. Ali fees shall be retained by County and no other reimbursement from TOWN will be required for the provisions of Services set forth in Section 1.2 and Schedule `B" of this Interlocal Agreement ARTICLE 4 - GO`'ERNMENTAL INZMUNITY 4.1 To the extent pemutted bylaw, Town agrees to indemnify and hold County harmless from and against any and all claims, liabilities, damages and expenses, including attorney's fees, arising from the Town's operation and maintenance of the Town's Municipal Separate Storm Sewer System and from the implementation of the Pemvt_ Town and- County agree to indemnify and hold each other harmless from and against any and all claims, liabilities, damages and expenses, including attorney's fees arising from enforcement of the Erosion and Sedimentation Control Ordinance, Storm Water Ordinance or this Interlocal Agreement Nothing herein is intended to serve as a waiver of sovereign or governmental immunity by any party to which such immunity maybe applicable. There shall be no third party beneficiaries to this lnteriocal Agreement, and nothing herein shall be construed as consent to be sued by third parties in any matter arising out of this lnterlocal Agreement or any other agreement ARTICLE 5 -TERM OF IlVTERLOCAL AGREEMENT 5.1 The term of this Interiocal Agreement shall be for a period of one (1) year from the date of execution thereof until midnight on October 15, 2011, unless temunated by either party as provided for herein_ The Interlocal Agreement may be renewed up to four (4) additional one-year terms upon the written agreement of both parties. If, at . the expiration of the initial one-year term or any subsequent one-year term, the patties have not renewed this Interlocal Agreement, and if the Town has not established other means of providing the services set out in Article 1 above, the terms and conditions of this lnterlocal Agreement will continue in full force and effect for a period of ninety (90) days from the date of the expiration of the one-yeaz term. The purpose of this ninety (90) day extension is to allow the Town sufficient time to establish provision of the services set out in Article 1 above or to allow the parties sufficient time to extend ties Interlocal Agreement Upon the expiration of the ninety (90) day extension, in no event and under no circumstances will the County provide or be obligated to provide further services of any kind pursuant to this Interlocal Agreement or any extension thereof.