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OTHER-2021-047-Development agreement regrading Waterstone Orange Rural Frire department and Emergency Services Co location property
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OTHER-2021-047-Development agreement regrading Waterstone Orange Rural Frire department and Emergency Services Co location property
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Last modified
11/3/2021 2:09:28 PM
Creation date
11/3/2021 2:08:23 PM
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BOCC
Date
10/19/2021
Meeting Type
Business
Document Type
Others
Agenda Item
8-d
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Agenda - 10-19-2021 Virtual Business Meeting
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2021
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as amended (42 U . S . C . § 9601 ets 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 />
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