Orange County NC Website
12 <br /> as amended(42 U.S.C. § 9601 et. seq.),the Hazardous Material Transportation Act, <br /> as amended (49 U.S.C. §§ 5101 et. seq.), the Federal Insecticide, Fungicide, and <br /> Rodenticide Act, as amended(7 U.S.C. § 136 et. seq.),the Resource Conservation <br /> and Recovery Act, as amended (42 U.S.C. § 6901 et seq.), the Toxic Substances <br /> Control Act, as amended(15 U.S.C. § 2601 et seq.),the Clean Air Act, as amended <br /> (42 U.S.C. § 7401 et. seq.), the Federal Water Pollution Control Act, as amended <br /> (33 U.S.C. § 1251 et. seq), the Safe Drinking Water Act, as amended (42 U.S.C. <br /> § 300f et. seq.), any state or local counterpart or equivalent of any of the foregoing, <br /> and any federal, state or local transfer of ownership notification or approval <br /> statutes. "Release" shall mean any spilling, leaking, pumping, pouring, emitting, <br /> emptying, discharging, injecting, escaping, leaching, dumping or disposing of any <br /> Hazardous Substances. <br /> F. The negotiation and completion of agreements and documents guiding the selection <br /> of designers and contractors, the timelines for the completion of various aspects <br /> of the design work,the methods and scheduling input,and other specific design and <br /> construction coordination necessary to ensure the successful completion of the <br /> Project. <br /> G. The negotiation and execution of this Agreement (wherein ORFD and the <br /> County's property interests in the Project shall convert to condominium interests <br /> post-construction)under which the Parties under the Agreement shall have the right <br /> to construct the improvements on the Property subject to the Parties' obligation to <br /> subject the Property and all improvements constructed thereon to a condominium. <br /> H. Confirmation that adequate utilities services are available within a reasonable <br /> distance from the Property for connection and suitable for the proposed uses to be <br /> included within the Building. <br /> I. ORFD complying with all necessary requirements for contracting with North <br /> Carolina local governments, including, but not limited to, compliance with all <br /> requirements for the Project. <br /> J. All governmental and other third-party consents and approvals shall be obtained; <br /> there shall be no significant pending or threatened litigation materially adversely <br /> affecting the Property. <br /> K. The Parties understand and agree that the provision of sufficient way-finding and <br /> other signage is necessary for patrons to quickly and conveniently locate the <br /> Facility. The Parties understand and agree that way-finding signage should be <br /> contemplated in the design of the Project and signage for the Project is subject to <br /> regulation by the Town. <br /> L. The Parties under this Agreement (prior to completion of construction) and as <br /> condominium unit owners (following the completion of construction)will agree to <br /> contribute pro-rata to the common area maintenance and insurance provided by <br /> ORFD or by the condominium owners association formed by the Parties, for the <br /> Project including a reasonable pro-rata contribution for maintenance of the <br /> 10 <br />