Agenda - 12-11-2001-9a - Laserfiche WebLink

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DRAFT HABITAT CONTRACT tzraorzogt WHEREAS, the Developer agroes tc restore to the satisfaction of the owner (either public or private) all cone[mctlon related tlamege to property or existing infres[mcture poor to Project closeout and to secure tlamage releases from those owners; and WHEREAS, the Developer agrees to pay all costs associatetl with [hat exension, inclutling all costs associated with engineering design, design review, permitting, cons[mctlon, constmaion monltoring, project atlminis[ration, projeIX close-out, bonding, perpetual maintenance (unless exemptetl antler [he affortlable housing provisionscitatl in Appentlix C) of wastewaterwaterpamping stations and similar vests associated with Project wastewater infrasimctum cdnstructicn; antl WHEREAS, the Developer agrees m pay all vests antl fees associatetl with Capon, capital facility, availability, waste strength surcharge and other such fees that Orenge County antl the Town of Hillsborough may have in effect at each time sewer service is eMentletl; and WHEREAS, the County is willing to provide, in eccoNence with the provisions hereinafter set out, access [o the cen[ml wastewater facilities of the Edand sewer system and to have those facilities extended to the Project by way of sewer wllaction mains or by wastewater pumping stations antl torte mains; antl [o thereafter operate such taciltties so[hat the occupants of each residence, bulltling orunlt cens[ructetl In the Project will receive atlequate wastewater wlledion service from Ne County; antl WHEREAS, at hs meeting heltl -the Orange County Boartl of Commissioners (hereinafter calletl the °BOak") authorizetl the proposetl extension subject to execution pfi this Agreement and compliance with its terms; NOW, THEREFORE, the Developer and [he County, and the heirs, successors, antl assigns of each of them agree: (1) Subject to Oevelopefe compliance with the Canna end condklona set forth herein, and subject to Developer obtaining any necessary approval from the State of NoM Carolina, the Town of Hillsborough or any other agency or authority, the County will parmk the connection of improvements consimctetl for the above-referencetl Project to [he County's Eflentl sewer system. a) The County reserves the right fo refuse to allow connection to or use of [he Efland sewer system (i) when such connection would. cause the Gcuntys system or the opemyon thereof to be in violation of any applicable state or fetleral requiremenC or(ii)for reasons not known orkreseen by the County at thetime this centred was executedthat would create a clear and present danger to the public health or safety. Reasons far refusal to allow connection shall include, but not be limited tc, lack wastewater treatment capacity by the Town of Hillsborough or by lack of capacity of one or more components of the County or County sewer system.