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

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DRAFT -HABITAT CONTRACT 12130/2001 bj The County's euthoriza[ion[o mnnect to the Eflentl sewer system under this Agreement shall expire if (iJ substantial (i.e. more then taken) mnatmction of the Project has not begun wkhin two years from the tlate upon which this contract was executed; (ii) after construction begins, construction ceases for a wntinucus period of at least one year (unless a result cf an action by the County); or (iii) the extension b be constmctetl pursuant b this contract has not been wnnegetl tc the County's system in accoNance wdh the requirements sat forth herein whhin three (3) yeere from the tlate upon which this contract was exewbtl. (2) Nothing in this oantract shall be mnstmetl as constituting express or implietl approval of the Project by [he County under any applicable County zoning, subdivision or other lantl use oMinance. The ONinances, roles, regulations, entl resol Wons of the Orenge county, regulating'SUbdiviaiona," entl other types of development are hemby specifically incomorafetl into this Agreement by reference. Developer hereby wvenanLS and represents that he has read and understands the aforemen4onetl cetle sections, entl that hs hereby agrees to be bountl by all of the regulations, terms entl contlhions conbinetl therein. (B) The Deveoper agrees to cemply with or satisfy [he bllowing bona end condlGOna ea well es Moae se[ forth in the Appendices entl ackrwwledges that the Count's authorization [o connect the proposed extension to the EAand sewer system is spacifcally wntingent upon compliance with or satisfaction of the same. If these mntli[ions are not meq [he extension Agreement will be rentleretl null entl void entl the Developer will need b re-negotiate a new wntrect for extension. (4) The Developer hereby grants and gives to the County, its successors entl assigns, the exclusive rght or privilege to own, maintain and operate said facilities in, untleq upon, over end across the present and future streets, roatls, [erreces, alleys, sofa, reserve utility strips and utility sites, entl any public pldees as provitletl entl detlicatetl to public use in recoMetl plats, or as provitletl br in agreements, dedications, or grants made cfhenvise and independent of saitl recorded plats. The Developer shall gent b the County easements of dghls-of-ways mpesponding wl[h [he installation cf the proposed facilities. The grant or conveyance shall be in bon satisfactory tc the Boab and County Adomey. The conveyances, whether or not located on the Property shall be made without cost to the County. The County as the right b require such easement or right-of-way b the point at which the meter is proposetl to be installed or at the "point of delivery of service", being the point at which the facilities of the County loin with the Developer's installation. The Developer hereby agrees that the foregoing grents shall inGUde the necessary dght of ingress and egress to any part of the Property; that Me foregoing 9rents shall be br such period of time as [he County or its successors or assigns require such rights, privileges or easements in Ne wns[mction, ownership, maintenance, operation or expansion of the wastewater collection entl Irensmission facilities.