Agenda - 09-20-2022; 8-c - Amendment to the Water and Sewer Facilities Agreement with the Town of Hillsborough

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INTERLOCAL AGREEMENT BETWEEN ORANGE CO UAW AND THE TOWN OF HILLSBORO UGHFOR CONSTRUCTION.AND 7 OPERATION OF WATER AND SEWER FACILIT7ESIN THE HILLSBOROUGH AREA ECONOMICDEVELOPMENT DISTRICT OF ORANGE COUNTY properties for up to 5 years after the date of execution of this agreement. The Town of Hillsborough acknowledges that industrial, office, and commercial uses are intended within the County EDD and that such uses, if permitted by Orange County (for those projects not slated for immediate and/or delayed annexation), will be served subject to available capacity and other factors stated above. The reservation is made for a period of 5 years and may be extended by written agreement of the Town for up to an additional 5 years upon written request made to the Town of Hillsborough prior to expiration of the initial 5 year period. If a Town of Hillsborough utility agreement uses part of this reservation then the reservation amount is reduced unless otherwise requested and approved. This agreement is not intended to mandate annexation nor exclude the potential for the project to remain in the County's planning jurisdiction. If the project remains in the County's planning jurisdiction, the water and sewer service utility agreement between the developer and the Town of Hillsborough will be accompanied by a voluntary annexation agreement to be acted upon when Orange County and the Town of Hillsborough agree to the timing of such annexation. This would include the preparation and review of an annexation report prepared for and submitted to the Town of Hillsborough by a developer. When development occurs in the jurisdiction as noted in Exhibit A, the land use parameters noted within the Orange County/Town of Hillsborough joint land use plan will act as guidance to zoning. 5. Construction Standards. In all respects, except to the extent otherwise stated in this agreement, the construction will be done in accordance with (i) Hillsborough utility standards, requirements, specifications, and procedures, including approvals of plans and permits, conducting inspections, requiring tests and certifications, and requiring record (as-built) drawings, and (ii) any applicable federal and state standards. Notwithstanding any other part or provision of this agreement should any such approvals or permits be withheld or unobtainable, this agreement may be terminated by Orange County, at no cost and with no further liability or obligation to Orange County, upon written notice to the Town of Hillsborough. In the event of such termination, the County and the Town shall each be responsible for the respective costs they incurred pursuant to this agreement up until the time of termination.