HomeMy WebLinkAboutAgenda - 01-20-2000 - 8rORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 18, 2000
Action Agenda
Item No. g.. ~.
SUBJECT: Resolution Authorizing Agreements Between Noifolk Southern Raitway
Company, the North Carolina Railroad, and Orange County for the Installation and
Maintenance of a Sanitary Sewer Pipeline for Barber ~ Ross Facility in The Buckhom Road
Economic Development District
DEPARTMENT: Economic Development PUBLIC HEARING: (YIN) No
ATTACHMENT(S):
Attachment A: Resolution
Attachment B: Agreement between the
County and Norfolk Southern Railway
Company
Attachment C: Agreement between the
County and the North Carolina Railroad
Attachment D: Agreement between the
County and Barber & Ross
INFORMATION CONTACT:
Dianne Reid, ext 2325
Paul Thames, ext. 2303
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE:
In order to complete the installation of a sanitary sewer line connecting the Barber & Ross plant
to the Efland Sewer System, it is necessary to bore under the railroad which lies north of the
property. Norfolk Southem requires that the agreement covering such a connection be with a
public body rather than a private entity. The attached Resolution (Attachment A) authorizes the
County Manager to sign the agreements with Norfolk Southern (Attachment B) and with the
North Carolina Railroad (Attachment C), and the attached Agreement (Attachment D) spells out
the obligations of the County and Barber & Ross regarding this matter.
BACKGROUND:
As previously authorized by the Board of County Commissioners, Barber ~ Ross is connecting
its sanitary sewer stream to the Efland Sewer System by constructing a pump station and
running a 3-inch pipeline to the nearest manhole on Route 70. This project requires boring
under the railroad owned by the North Carolina Railroad and leased to Norfolk Southern.
Because of the difficulty of securing railway permits, the agreements ensure that the proposed
boring and pipe casing will serve as the connector if and when sewer is extended throughout
the Economic Development District. Accordingly, the County and Barber & Ross have agreed
that:
• Barber & Ross will purchase and maintain the required liability insurance covering the
pipeline, and will indemnify the County to the extent of the insurance limits;
~_
• The County will seek a change in the proposed agreement with the Railway noting that the
pipeline can be increased at some future date from a 3-inch pipeline to an 8-inch pipeline;
and '
• Barber 8~ Ross will provide an easement through its property for possible future connection
to a gravity sewer system serving the entire Economic Development District.
FINANCIAL IMPACT:
There is no financial impact.
RECOMMENDATION(S): The Manager recommends that the Board adopt the resolution.
Resolution
Relative to Efland Sewer System Facilities
On or Across Properties Owned or Controlled
by
Barber & Ross Company, the North Carolina Railroad Company
and
Norfolk Southern Railway Company
WHEREAS, Barber & Ross Company approached Orange County about
opening a new millwork plant in the unused Redman Mobile
Home building and serving that facility by an extension of
the Efland sewer system; and
WHEREAS, Orange County agreed to allow Barber & Ross Company to
construct a force main type extension of the Efland sewer
system to provide sewer service to the Barber & Ross
Company facility; and
WHEREAS, extension of the Efland sewer system to serve the
3
Barber & Ross Company facility entailed installing portions
of the sewer force main in public - NCDOT and the North
Carolina Railroad Company/Norfolk Southern Railway Company
- rights-of-way; and
WHEREAS, NCDOT and railroad companies typically require that
water and sewer utilities installed within their respective
rights-of-way be owned and operated by a public utility or
a government agency; and
WHEREAS, Orange County agreed to assume ownership of the
portions of the force main system which were to be located
within public - NCDOT and the North Carolina Railroad
4
Company/Norfolk Southern Railway Company - rights-of-way;
and
WHEREAS, NCDOT and the railroad companies typically require that
entities, including government agencies, that own and
operate water and sewer utilities that are installed within
their respective rights-of-way, execute various types of
legal instruments - such as easement agreements that oblige
the utility owner to assure that any problem caused by the
presence of the utility or a failure of the utility
infrastructure be mitigated by the utility owner at no
expense or liability to the owner of the right-of-way and
grantor of the utility easement; and
WHEREAS, the North Carolina Railroad Company and the Norfolk
Southern Railway Company have included a requirement that
an insurance policy be maintained indemnifying them from a
failure of the sewer; and
WHEREAS, Barber & Ross Company is willing to purchase and
maintain such an insurance policy under the specific
conditions contained in an agreement between the County and
Barber & Ross Company providing for this insurance coverage
as described in that agreement and providing for an
easement across Barber & Ross Company property for the
future extension of the Efland Area Sewer System to serve
the Buckhorn Road Economic Development District; and
5
WHEREAS, Barber & Ross Company has nearly completed its up-
fitting of the Redman homes building and has constructed
all of the sewer system extension with the exception of the
portion which passes under the railroad and through the
railroad right-of-way.
NOW, THEREFORE, the Orange County Board of Commissioners do
hereby (1) approve, in substantially their present form, the
following agreements: Barber & Ross Company Agreement and Sewer
Easement; Norfolk Southern Railway Company Agreement; and North
Carolina Railroad Company Agreement and Consent; (2) authorize
the County Attorney and County staff to continue working with
the railroads to improve the agreements relative to ultimately
providing sewer service to the Buckhorn Road EDD; and (3)
authorize the County Manager to execute the agreements with the
railroads and with Barber & Ross Company in substantially the
form of the agreements attached to this Resolution when those
agreements are finalized.
This the 18th day of January, 2000.
lsg:orangecounty/barber&rosa.res
f~ :.~:...-+-
THIS AGREEMENT, made and entered into by and between
NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia corporation, hereinafter styled
"Railway"; and
COUNTY OF ORANGE, a North Carolina government entity, hereinafter styled "Licensee":
WITIVESSETEi
WHEREAS, Licensee proposes to install, maintain, operate and remove a 3-inch sanitary sewer
pipeline in a 12-inch casing pipe, under and across the right of way or property and any tracks of Railway, at
Milepost H-36 minus 3,300 feet, at or near MEBANE, Orange County, North Carolina, to be located with
any ancillary appurtenances as shown and limited to the instal lation shown on print of Drawing marked Exhibit
A, dated July 2, 1999, attached hereto and made a part hereof (hereinafter called "Facilities");.
NOW, THEREFORE, for and in consideration ofthe premises and payment of anon-refundable one
time preparation fee of TWO HUNDRED AND NO/100 DOLLARS ($200.00) and of the covenants
hereinafter made, Railway hereby permits and grants Licensee, insofar as Railway has the right to do, without
warranty and subject to all encumbrances, covenants and easements to which Railway's title may be subject,
the right to use and to occupy so much of Railway's property as may be necessary for the Facilities, upon the
following terms and conditions:
t . Licensee will construct and maintain the Facilities, at its expense, in such a manner as wi II not
interfere with the operations of Railway or endanger persons or property of Railway, and in accordance with
(a) plans and specifications (if any) shown on said print(s) and any other specifications prescribed by Railway,
(b) applicable governmental regulations or laws, and (c) applicable specifications adopted by the American
Railway Engineering Association when not in conflict with plans, specifications or regulations mentioned in
(a) and (b) above. For the purposes of this Agreement, maintenance of the Facilities shall be deemed to
mean replacement in kind. Any change to the character or capacity of the Facilities shall be considered an
upgrade and will require execution of a new agreement.
2. Licensee hereby agrees to indemnify and save harmless Railway, its officers, agents and
employees, from and against any and all liability, claims, losses, damages, expenses (including attorney's fees)
or costs for personal injuries (including death) and/or property damage to whomsoever or whatsoever occur: ing
which arises in any manner from the installation, maintenance, operation, presence or removal or the failure
to properly install, maintain, operate or remove the Facilities, unless such losses, damages or inj uries shall be
caused solely by the negligence of Railway.
3. Licensee assumes alt responsibility for any environmental obligations imposed under
applicable laws, regulations or ordinances relating to the installation of the Facilities and/or to any
contamination of any property, water, air or groundwater arising or resulting from Licensee's permitted
operations or uses of Railway's propeFty pursuant to this Agreement. In addition, Licensee shall obtain any
necessary permits to install the Facilities. Licensee agrees to indemnify and hold harmless Railway from and
against any and all liability, fines, penalties, claims, demands, costs (including attorneys' fees), losses or
lawsuits brought by any person, company or governmental entity relating to contamination of any property,
water, air or groundwater due to the use or presence ofthe Facilities. It is agreed that this indemnity provision
extends to any cleanup costs related to Licensee's activities upon Railway's property and to any-costs related
to cleanup of the Facilities or to other property caused by the use of the Facilities.
4. (a) Without limiting in any mannerthe liability and obligations assumed by Licensee under
any other provision ofthis Agreement, and as additional protection to Railway, Licensee shall, at its expense,
pay the Risk Financing Fee set forth in subparagraph (iii) below and shall procure and maintain with insurance
companies satisfactory to Railway, the insurance policies described in subparagraphs (i) and (ii).
(i) Prior to commencement of installation or maintenance of the Facilities or
entry on Railway's property, Licensee, and its contractor if it employs one,
shall procure and maintain for the course of said installation and
maintenance, a general liability insurance policy naming Railway as an
additional insured, and containing products and completed operations and
contractual liability coverage, with a combined single limit of not less than
$1,000,000 for each occurrence.
(ii) Priorto commencement ofany subsequent maintenance ofthe Facility during
the term ofthis Agreement, Licensee, or its contractor ifit employs one, shall
furnish Railway with an original Railroad Protective Liability Insurance
Policy naming Railway as the named insured and having a limit of not less
than a combined single limit of $2,000,000 each occurrence and $6,000,000
aggregate.
(iii) Upon execution of this Agreement, Licensee shall pay Railway a Risk
Financing Fee of $450.00 per installation to provide for such supplemental
insurance (which may be self-insurance) as Railway, in its sole discretion,
deems to be necessary or appropriate.
(b) All insurance required under preceding subsection (a) shall be underwritten by insurers
and be of such form and content as may be acceptable to Railway. Prior to commencement of installation or
maintenance ofthe Facilities or any entry on Railway's property, Licensee, or its contractor if it employs one,
shall:
furnish to Railway's Risk Manager, Three Commercial Place, Norfolk, Virginia
23510-2191 (or such other representative and/or address as subsequently given by
Railway to Licensee in writing), for approval, the original policy described in
subsection (axii) and a certificate of insurance evidencing the existence of a policy
with the coverage described in subsection (axi).
5. The details of the Facilities to be installed and maintained shall be at the option of Licensee,
and subject to the approval of the chief engineering officer of Railway. In case of failure of Licensee to do the
work as herein specified, Railway reserves the right to remove the Facilities from Railway's premises at the
expense of Licensee, and to terminate this Agreement upon ten (10) days' written notice.
-2-
8
6. If Railway shall make any changes, alterations in or additions to the line, grade, tracks,
structures, roadbed, installations or works of Railway at or near the Facilities, Licensee shall, at its own cost
and expense, upon thirty (30) days' notice in writing from Railway, make such changes in the location and
character of the Facilities as, in the opinion of the chief engineering officer of Railway, shall be necessary or
appropriate to accommodate any construction, improvements, alterations, changes or additions of Railway.
7. Licensee will notify Railway prior to the installation and placing in service of cathodic
protection in order that tests may be conducted on Railway's signal, communications and other electronic
systems for possible interference. If the Facilities cause degradation of the signal, communications or other
electronic facilities of Railway, Licensee, at its expense, will relocate the cathodic protection and/or modify
the Facilities to the satisfaction of Railway so as to eliminate such degradation. Such modifications may
include, without limiting the generality of the foregoing, providing additional shielding, reactances or other
corrective measures deemed necessary by Railway. This provision applies to the existing signal,
communications and electronic equipment of Railway and to any signal, communications or electronic
equipment which Railway may install in the future.
8. If Licensee fails to take any corrective measures requested by Railway in a timely manner or
if an emergency situation is presented which, in the Railway's judgment, requires immediate repairs to the
facilities, Railway, at Licensee's expense, may undertake such corrective measures or repairs as it deems
necessary or desirable.
9. Notwithstanding any other provision of this Agreement, it is understood, agreed and
covenanted that Licensee accepts this Agreement as a mere license and assumes all risk of damage to its
property by reason of its occupation ofthe premises herein described caused by any defects therein or business
conducted thereon, whether caused by the negligence of Railway, its officers, agents or employees, or
otherwise, and Licensee hereby indemnifies Railway, its officers, agents, and employees, from and against any
such liability for said damage.
10. Railway shall furnish, at the cost of Licensee, labor and materials to support its tracks and
to protect its traffic during the installation, maintenance, repair, renewal or removal of the Facilities.
11. It is further agreed between the parties that the premises shall be used by Licensee only for
the Facilities and for no other purpose without the written permission of the chief engineering officer of
Railway.
12. Licensee shall give Railway seventy-two (72) hours' advance notice (or less in case of
emergencies) of any work to be performed on the premises of Railway. Licensee agrees to pay any costs
incurred by Railway for the purpose of protection and inspection considered necessary by Railway during
installation, maintenance, operation, modification, replacement and/or removal of the Facilities.
13. Licensee .shall not assign this Agreement without the written consent of Railway.
l4. The word "Railway" as used herein shall include any other company whose property at the
aforesaid location may be leased or operated by Railway. Said term also shall include Railway's officers,
-3-
9
agents and employees, and any parent company, subsidiary or affiliate of Railway and their officers, agents
and employees.
15. This Agreement may be terminated by either party upon sixty (60) days' written notice to the
other party. During said sixty day period, Licensee shall remove the Facilities from Railway's premises and
restore said premises to a condition satisfactory to Railway's chief engineering officer. If Licensee fails to
remove the Facilities within the aforesaid sixty day period, Railway may elect: (a) to become the owner ofthe
Facilities without any claim or consideration whatsoevertherefor by or to Licensee, its successors or assigns,
or (b) to remove the Facilities and all property of Licensee from the premises of Railway at the expense of
Licensee. Licensee agrees to reimburse Railway for any and all costs of such removal. No termination ofthis
Agreement shall affect any liability incurred by either party hereto prior to the effective date of such
termination.
16. This Agreement shall take effect as of the day of . 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate,
each part being an original, as of the day of , 19
Witness: NORFOLK SOUTHERN RAILWAY
COMPANY
As to Railway
Witness:
As to Licensee
By: -_
Title: Real Estate Manager
COUNTY OF ORANGE
sy:
Title:
JMF 11/09/99 1027461.wpd plxls.wpd~23459vi
-4-
Railroad Use Only
NS File No. ~~p~~4~ l
NCRR File No. 310.05.1079
H-36/1999 -3300
AGREEMENT AND CONSENT
This AGREEMENT AND CONSENT is made and entered into by and
between North Carolina Railroad Company ("NCRR"), Norfolk Southern Railway
Company ("Railway"), and County of Orange, ("Licensee").
WHEREAS, Railway and Licensee desire to enter into the attached License
Agreement between Railway and Licensee regarding the property described
therein which is owned by NCRR (hereinafter the "Premises").
NOW THEREFORE, in consideration of the above recitals and the
promises and agreements contained herein, as well as for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
NCRR, Railway, and Licensee agree as follows:
1. NCRR gives its consent to said attached License Agreement affecting its
property pursuant to the terms and conditions of this Agreement and Consent. All
of the terms of this AGREEMENT AND CONSENT aze hereby incorporated by
reference into the License Agreement dated between Railway
and Licensee (hereinafter the "License Agreement").
2. NCRR, for and in consideration of the payment by Licensee of $2,185.00 to
NCRR as a one time fee upon the execution of the License Agreement to the
extent of its right, title, and interest in the premises described in the License
Agreement, does hereby permit and grant to Licensee the use and occupation of so
much ground within said premises as may be necessary for the Facilities upon the
terms and conditions herein. To the extent permitted pursuant to North Carolina
law, if Licensee shall default in the payment of rental hereunder for a period of 30
days after the same shall be due, a late payment chazge in the amount of 5% of
such rent for each month or portion thereof that the same shall remain unpaid shall
be charged to Licensee. Licensee will pay such late payment chazge together with
rental due hereunder.
3. The parties agree and understand that any right or claim of Railway held in
10
Page i of 4
or by virtue of the License. Agreement shall also inure to the benefit of, and be
enforceable by NCRR or by any successor or assignee of Railway or NCRR, and
NCRR shall not be responsible for any obligations, duties or indemnities of the
Railway to Licensee under the License Agreement. NCRR reserves any pre-
existing rights, claims and defenses against Railway and Licensee and said rights,
claims and defenses shall not be waived or limited in any way by the License
Agreement.
4. Licensee understands that NCRR and Railway make no warranties or
representations regarding the condition of the Premises. As to NCRR, Licensee
takes the Premises "AS IS" and expressly waives any and all claims against
NCRR and Railway relating to or arising from the condition of the Premises and
the property surrounding the Premises, including without limitation, any claims
and costs relating to environmental contamination (such as, without limitation,
those which might arise under CERCLA, RCRA, and the North Carolina Oil
Pollution and Hazardous Substances Act).
5. Neither the License Agreement nor this AGREEMENT AND CONSENT
may be assigned in whole or in part by Railway or Licensee, and Licensee shall
not enter into any sublicense of the premises without the express written consent
of NCRR. The License Agreement shall not be amended by Railway or Licensee
without the express written consent of NCRR. No consent by NCRR to any
sublease, assignment, or amendment of such License Agreement shall be
construed fo be consent to any further sublicense, assignment, or amendment of
the License Agreement.
6. In consideration of the rights granted by NCRR to Licensee by this
AGREEMENT AND CONSENT, NCRR is hereby indemnified and held harmless
by Licensee to the same extent as Railway is indemnified and held harmless
pursuant to the License Agreement. In addition, without limiting the indemnities
provided in the License Agreement, Licensee specifically shall indemnify and
hold harmless NCRR from and against any and all attorney's fees, costs, expenses,
liabilities, injuries, claims (including third party claims and any claims under
environmental laws and regulations such as CERCLA, RCRA, and the North
Carolina Oil Pollution and Hazardous Substances Control Act) and damages
arising from or related to (1) the License Agreement; (2) any acts or omissions by
Licensee at the Premises, (3) Licensee's violations of environmental laws and
regulations, and (4) environmental contamination caused by Licensee. For
purposes of the paragraph, the term Licensee shall mean its employees, agents and
contractors, guests or invitees.
7. The placement of any additional structure, facility, fixtures, or other
property on the Premises other than those permitted by the License Agreement
11
Page 2 of 4
must be approved in writing by NCRR prior to such placement. If requested by
NCRR, Licensee agrees to provide to NCRR detailed engineering drawings,
building plans, facility plans or other plans "as-built" within 30 days of any such
request after the completion of any such placement.
8. Upon termination or expiration of the License Agreement, Licensee shall
restore the Premises within a reasonable time period to a condition satisfactory to
NCRR, including without limitation, removal of equipment and facilities, grading,
filling or removal of soil, landscaping, erosion control, or any environmental
investigation or clean up necessitated by any acts or omissions at the Premises by
Licensee, its agents, employees, or contractors. If Licensee fails to restore the
Premises within 60 days of termination or expiration of the License Agreement,
NCRR may, at its option, take any and all steps it deems necessary to restore the
Premises and Licensee agrees to reimburse NCRR for any and all such restoration
costs.
9. Railway and NCRR agree that, by entering into this Agreement and
Consent, (i) NCRR is not making admission regazding any matter between NCRR
and Railway; (ii) Railway is not making any admission regazding any matter
between NCRR and Railway; (iii) NCRR is not waiving any claim or defense
against Railway or any affiliate of Railway; (iv) Railway is not waiving any claim
or defense against NCRR; (v) NCRR does not waive or prejudice any position,
claim or defense with regard to any legal or administrative proceedings in which
Railway or its affiliates and NCRR are currently involved or may become
involved, including but not limited to any claim or defense with respect to any
leasehold rights, environmental obligation or liability, possessory rights, or
holdover or non-holdover status of Railway; and (vi) Railway does not waive or
prejudice any position, claim or defense with regazd to any legal or administrative
proceedings in which Railway or its affiliates and NCRR are currently involved or
may become involved, including but not limited to any claim or defense with
respect to any leasehold rights, environmental obligation or liability, possessory
rights, or holdover or non-holdover status of Railway.
10. Licensee acknowledges that NCRR has not made any inspection of the
Premises and that the Premises are located at or near active or inactive railroad
facilities, structures, or related property.
11. Prior to entry onto the Premises, Licensee shall provide NCRR with a
certificate naming NCRR as an additional insured under the same general liability
policy required by the Railway under the License Agreement.
12. Licensee agrees that it shall neither suffer nor permit any mechanics' lien or
any other lien to attach to the Premises, and in the event any lien shall attach,
12
Pagc 3 of 4
13
Licensee agrees to discharge any such lien or to post adequate security, in the form
of either cash or a surety bond in the amount of 110% of the lien amount, with the
NCRR within 10 days following NCRR's demand thereof.
In witness hereof, the parties hereto have executed this AGREEMENT
AND CONSENT in triplicate originals as of the day of ,
County of Orange
By:
Title:
North Carolina Railroad Company
By:
Title:
Norfolk Southern Railway Company
By:
Title:
Page 4 of 4
File #:
Date Received:
Y
NORTH CAROLINA RAILROAD COMPANY 14
APPLICATION FOR PIPE /WIRE OCCUPATIONS
*APPLICATION FEE: Waived
('Application Fee ojt100.00 Hurst bs trrade payable to Norfol~E Southern Railway Company)
The above application fee does not include: (a) special handling fees, (b) engineering review, (c) occupation fees, (d)
Railroad protective insurance, (e) estimate preparation, (f) flagmen/watchmen costs/expenses or (g) construction costs
incur cd by NCRR or the operating railroad. All payments are due prior to construction. Construction costs estimates
for the project may be requested, and will be at the sole cost and expense of Licensee. However, a fully executed License
Agreement and Agreement and Consent Form are requirement prior to the preparation of estimates.
All applications are to be submitted in accordance with NCR 101 Specification (wire /cable) and/or NCR 102
Specifications (conduits /pipelines). Failure to strictly adhere to these specifications will result in delays, additional
costs and possible return of your application. Construction drawings should either be 8 1/2" x 11", 8 1/2" x 14" or 11" x
17" size.
(Larger size drawings are only acceptable in special circumstances with prior approval of NCRR representative)
NO VERBAL, approvals will be granted. NO work on NCRR property may proceed until Licensee is in receipt of a
fully executed Occupation Agreement and authorization obtained 5rom NCRR and the Operating Railroad. NO PVC
pipes. NO Blasting on, under or near NCRR property. NO OPEN CUT installation without prior NCRR approval. NO
Directional Boring (NCR 102, Sec.5.1.6.c). NO Facilities within culverts. NO Facilities attached to Railroad Bridges.
Name of Licensee: County of Orange
(Exact name to be shown on Occupation Agreement)
**Note:
**Due to future maintenance responsibilities, NCRR will not enter into an occupation agreement with a Developer.
Licensee is: O Individual O * Corporation ~ Municipality ~1 Other: County Government
'State of Incorporation
.icensee's Mailing Address:
County of Orange
P. 0. Box 8181
4Send Document to: (If other than Licensee:)
Civil Consultants, Inc.
3622 Lyckan Parkway
Hillsborough, NC 27278
ttention: Paul Thames , P . E .
icle: County Engineer
elephone #: ( 919 ) 732-8181
Suite 3003
Durham, NC 27707
Attention: Tony M. Whitaker, P . E .
Title: Consulting Engineer
Telephone #: ( Z - 4 5
+.Nauvu.
;it~rI'own/Viliage: ~/p, Township: Cheeks
;ounty:. Orange ,State NC Footage ( 3300 ') and direction (N / S / E
rom NCRR Mile Post #: H - 3 6 or center line of Public Highway Crossing or Bridge: N . C . S . R . 13 9 9 15
(Name /Number)
~Occuparion to be located within confines of Dedicated Highway (right of way tines muse tx shown)
iighway Name or Number.
Redman Crossing
*AAR DOT #:~ ~ ~ ~ 4 2 X
(*AAR DOT# is posted near crossing)
Type of Facilities:
~ Pipe:
O Crravity ~F'ressure (Non-Flammable) OPressure (Flammable)
~ Wire /Cable: 0 Aerial 4 Undergrade (in conduit) D Overhang
O Telephone (# of pairs:)~~ O Electrical (voltage:_~ 0 Fiber Optic
Phase of electrical circuits: Number of electrical circuits: Number of Poles:
~ Crossing (Angle: 60 °) 0 Longitudinal (Total footage of encroachment: ')
~ Revision to existing facilities (Copy of Agreement to be included with application)
Method of pipe/conduit installation per NCR 102 Specifications (NO ALTERNATIVES)
Note• Track Su
or as deemed necessary by Railroad
~ Open Cut ~ Bore & Jacking O Jacking
All applications are to be seat to the office of:
Mr. Jeff Mann
Property and Public Affairs Manager
North Carolina Railroad
Suite 1.10
3200 Atlantic Avenue
Raleigh, NC 27604
Telephone: (919) 9547601
Fax: (919) 954-7099
field conditions
0 Tunneling
~ Review NCR 101 Specifications (wire/cablc) and/or NCR 102 Specifications (conduits/pipelines).
'.) ®,Proper name and mailing address of Licensee. 16
1) ~ Application fee.
1) ®Location data (NCR 101, Plate I or NCR 102, Plate II)
i) ~ Plan and Profile drawings (8 1!2" x 11", 8 1!2" x 14" or 11" x 17" size only).
i) ®Pipe Data Sheet (NCR 102, Plate I).
~) ®Depth of bury (NCR 102, Plate III).
I) ®Method of installation (no alternatives).
1) ~ Distance from face of launching and receiving pits (NCR 102, Plate IIn.
.0) ®Location of manholes and valves (NCR 102, Plate IV).
.1~JAp Size, voltage and type of wires, cables or Fiber Optic Cables
.2~AU Wire/Cable vertical clearance from sag to top of rail (NCR 101, Plate In.
.3}-~A(D Distance from Poles to centerline of track (NCR 101, Plate I).
4~1iD Pole configuration (NCR 101, Plate In.
.5) ~ Angle of crossing (NCR 101, Plate I or NCR 102, Plate II).
.6} ®Number of tracks (NCR 101, Plate I or NCR 102, Plate II).
. 7~V~ Length of longitudinal (NCR 101, Plate III or NCR 102, Plate Imo.
.8) ®R/W lines of Dedicated Highway (NCR I01, Plate I or NCR 102, Plate In.
.9~/~~ Bridge Footing of Dedicated Highway Bridge (NCR 102, Plate Vn.
'.O~qO Bridge Attachments for Dedicated Highway Bridge (NCR 102, Plate VII).
*Wnrning*:
Extreme caution is to be used in excavation due to the possibility of the existence of other utilities along North Carolina
Railroad's right ojway. Any damage to the other utilities will be the sole responsibility of the Licensee. In compliance
with state law, prior to commencing work, the contractor is to notify 800-632-4949, Call before you dig.
PLATE 1
PIPE DATA SHEET 17
(For crossings and longitudinal occupancy)
PIPE D ATA
CARRIER PIPE CASING PIPE
CONTENTS TO HE HANDLED S ew a s e l c N/ A
NORMAL OPERATING PRESSURE 2 0 psi 8 s i
NOMINAL SIZE OF PIPE 3 ~~ dia 8 ~' d i a
OUTSIDE DIAMETER
" 8.625"
INSIDE DIAMETER 3.4 6 " 8.2 5 "
WALL THICKNESS
5" 0.188"
WEIGHT PER FOOT
. #
16.94#
MA'~Itjgj, Ductile ER Wel
el Pi e
PROCESS OF 1r~iANUFACTURE
Mill Mill
SPECIFICATION
N I A21.51
API 5L
GRADE OR CLASS
ass 51
Grade B
TEST PRESSURE
350 si•
920 psi
TYPE OF JOINT ~ We 1 d ed a 11
ush-on
TYPE OF COATII~IG
Bituminous
None
DETAILS OF CATHODIC PROTECTION
None
None
DETAILS OF SEALS OR PROTECTION AT ENDS Concrete sea 1
OF CASING
N A
with weep hole
METHOD OF INSTALLATION pus t roug
'
casin ack
bore and
CHARACTER OF SUBSURFACE MATERIAL AT
THE CROSSING LOCATION
clay
cla
APPROXIMATE GROUND WATER LEVEL
unknown unknown
SOURCE OF INFORMATION ON SUBSURFACE
CONDITIONS (BORINGS, TEST PITS OR
OTHER) N/A N/A
NOTE: Any soil investigation made on railroad propezty or adjactnt to tracks shall be carried on under
the supervision of the Engineering Representative and/or the Operating Railroad. (Ser Section
I.4)
29
s~ ~ ~~ FORM 11367-GA (GEORGIA OIV. oNl1~ (pay, yy~ (
APPLICATION FOR PIPELINE AGREEMENT >.s
I.D. No.
PPUCANT•MUST ANSWER ALL QUESTIONS ANO RETURN THIS FORM T0: Oate Issued: ! ! _
OEPART1r1ENT Aeat Estate S Contnet Servicas
STREET 600 West Peae~ttrN St., NW, Suite 1650
CITY, STATE, 21P Attants, GA 30308603
PHONE 40t SZ9~,~~j9
t : Legal Name of Applicant (party to agreementj: County o f Orange .
(Please state street address:) 4. Billing Address:
. Street 200 South Cameron Street Street p • O , Box 8181
. City Hillsborough State N~Zip 27278 City-Hillsborough State NC Zp 27278
1. Name of Applicant Representative:
Paul Thames
Tale: County Engineer
Telephone Number.( ) 919-732-8181
Corporation -Give state of tomnation:
Limited Partnership -Give state of formation:
i. Billing: Applicant prefers ( )yearly (X) one-time non-assignable payment. (See- Page 3)
'. Applicant is a:
f. Location of Pipeline: .
A. Nearest Street Redman Crossing
C. County
( ] General Partnership -Give state of formation:
( ] Sole Proprietorship -Give name of owner:
( ] Individual
(X ] Government Entity
5. Name of Contact for Bitting Purposes:
Paul Thames, P.E.
Title: County Engineer
Telephone Number: ( ) 919 - 7 3 2 - 8181
( ] Other.
Orange
D. State North
N E S ~of
(C1rds one
Carolina
..:st H-36
B. Nearest Town _
Mebane
E. Railroad Milepost Reference: 3300 f t .
F. Will pipeline be located entirely within confines of public sUeet? ( ~s ( ] No
tf yes, provide contusive evidence for verification.
Street width: 20 it. Street Right of Way width: 60 h,
Pipeline (X( is to be installed ( ]already exists and is being upgraded
Are there any agreements covering the pipeline? ( ]Yes ()(] No ( ] Do not know
tt yes, iCentity and attach copies:
. The pipeline will: (check a!t appropriate boxes)
(XJ Cross tracks -How many? 1
( ]Crass communication and/or signs! tines -Separation ft.
( ] Parat!el Tracks -Minimum horizontal distance to centerline of adjacent track h.
(X] Be underground - Oepth below base of rail 9.0 K. Minimum depth on right of way 3.0 g,
( ] Be saris! - ft. above top of rail
ublic roadway; 12" waterline, phone
. Identity facilities on Railroad right of way (manhdes, pipe bridges. etc.):
cable; gas line, signal cables, over ea electr c Ines
(Continued on other side)
._~~ --•^r-~••7 ..v.wv W1~,uu6'UOft R 069t7n. MateC
~~~.. •~~~.a~~a~~~~, are to oe ~n stnct accardancs with spedfications of the American Railway Engineering Association and requirements pt Norfc
Southern Corporation. Origins! and six Copies at this form shall be submitted, accompanied by six prints of a drawing showing plan, eltyaiic
section of crossing from field survey, location in respect to Milepost. width of Railroad's Right of Way, width of Public Right of'YVay, Iocatir
of adjacent structures affecting crossing, and ail information required in Flgures t and 2 of A.R.E~1. Specifications, Part 5 Pipelines. It Wnnelir
is necessary details of sheeting and method of supporting tracks or driving tunnel must be shown.
t2. Correct name of Applicant: County of Orange ~ - - 19
13. Post Office address: P • 0. Box 8181 , Hillsborough, NC
t a. Location: 3 33 3 0--- ~ K, ii (direction] from nearest R.R. Milepost H- 3 6
15. Nearest city or town: Mebane County: Orange State-siC
t 6. Within limits of public highway, name: Redman Crossing Fed•State-County No.: s . R . 13 9 9
17. Witt temporary track support or rip rapping be required? ( ]Yes (X ] No • explain Bore and Jack a c r o s s
entire R/W
18. Are there any wires. poles or obstruCions to be relocated? ( ]Yes (X] No Temperature
t 9. Product to be conveyed- ~ a n i t a r y Sewer Flammable? Yea Amb l e n t
• ( ] ~C ] No Temperature
20. Maximum working pressure: (ps,) Feld test pressure: ~ (psr) Type of test
2t. Locationotshut•oftvalves• at edctes of Railroad R/W
22. PIPE SPECIFlCATIONS
Material
CARRIER PIPE
CASING PIPE
ER Weld Steel Pipe
Material specifications and grade
Minimum Yield Strenght I;ps~) of malaria!
Milt test pressure (pst)
Inside diameter
Outside diameter
Wall thickness
Type of seam
Laying lengths
Type of joints
Total length within Railroad right of way
VENTS -number: 0 size:
SEALS -both ends: concrete one end:
BURY•• base of rail to top of casing: 9 ft. 0 in.
BURY • (not beneath tracfcs): 5 tt. 9 in.
BURY • (roadway ditches): 3 R 0 in.
CATHODIC PROTECTION - ( ]Yes (X] No
Ductile Tron
ANSI A21.51
42,000 °psi
350 psi
3.46"
3.96"
0.25"
N/A
18'
Push-On
230' ..
height above ground: '
API 5L
1530 psi
920 psi
8.25"
8.625"
0.188"
Field weld all
'ar 20'
field weld all
230'
PROTECTIVE COATING - ( j Yss (~(] No Give description •
23. Specify type, size, and spacing of insulator or supports: carrier pipe- sttppar~ed by "spiders" at
9.0' intervals -
2a. Define any special specifications of the pipeline: see above •
25. Method of installation: Bore and jack casing pipe
If application is approved, applicant agrees to reimburse the Railroad for any cost incurred by the Railroad incident to installation,
maintenance, and/or supervision necessitated by this pipeline installation. and further agrees to assume all liabiltiry for accidents or
injuries which arise as a result of this installaton. ~ /~ n
~- ~ 9~
(ate)
Tohn Link
M,
(sEE SAMPLE ORAWJNG (EshlbR A), and SAMPLE SNEJT (E~rhlbft 8), atbehed)
Jan-12-00 05:18P Coleman Gledhill Hargrave 919 732 7997
A-~, f,~.~- ~
NORTH CAKOLINII
UFcANGE c:OUNTY
AGREEMENT AND SEWER E1ISEMENT
This Agreement and Sewer Easement, made and entered into
~}~~ i.3 the day of ., 2000 by and between the
2p
County of Orange, North Carolina, a political subdivision of the
estate of North Carolina, having its principal office aL' 208 S.
Cameron Street, Hillsborough, North Carolina, hereinafl.er
referred to as "Or.•ange C'ounty,~ and Barber & Ross Company, Inc.,
a Virginia corporation having its principal office in Leesburg,
Virgi ni,3, hereinaf l.er ~ometi.mes r. eferred to "Aarber & Roy s; "
WHEREAS, Orange County and i3arbcr & Moss have previously
entc;reci into a Utility Extension Fund Agreement, a copy of which
is Exhibit A hereto; and
WHEREAS, the connection of the Efland Area Sewer System to
the Barber & Ross facilities requires the installation of a
three inch diameter sanitary sewer. forcemain within a twelve
inch diameter easing pipe under and across the right,-oL-way or
property of Norfolk-Southern l:ailway Company and Che North
C`arvlin3 Railroad; and
WHEREAS, Norfolk-Southern Railway Company aril the North
Carolina Railroad are requiring Orsrigc County to becomz the
1
r
Jan-12-00 05:18P Coleman Gledhill Hargrave 919 732 7997
21
licensee of the portion of its property w~iere this sewer line
CrUJJing will occur.; and
WHEREAS, the Norfolk-Southern Railway Comp:iriy License
Ayreement and the North Carolina Railroad Agreement and C~nserit
requiz'e Orange County, as owner vL the license, to indemnify and
hold tiarml e:sa both Norfolk-Southern ktsilway Company and the
North Carolina Railroad with respect to the installation,
maintcnarlce, operation and removal oL' the sewer system crossing
the railroad property; and
WHEREAS, the Norfolk-Southern Railway Comp;~ny Licetlse
Agreement and the North Carolina Railroad Agreement and Consent
require Orange County to pay ccrtnin fees in consideration Lor
the granting ~C t2ie license and consent; and
WHEREAS, Orange County anticipates that this railroad
c.:rassing will ultimately be the crossing fir so much of the
~fland Area Sewer System that will service the Duc:khorn Road
~conamic Development District; and
WHEREAS, i.t i9 in the best interest of Orange County and
Barber & Ross to use this railroad crossing for the future
expansion of the Efland Area Sewer System to include the entire
Huckhorn Road Economic Development Distric:c. area.
2
Jan-12-00 05:19P Coleman Gledhill Hargrave 919 732 7997
W I T N E' S S 1r '1' H
NOW, THEREFORE, for and in conidex-ation of the covenanl:s
her~:inafter made, Orange County and Harber. & Ross agree ss
follows:
1. Orange County will enter into agreements wi.t~}i T7ocfc~lk-
Southern Railway Company and the North Carolina Railroad which
enables t:he crossing of the railroad right-of-way f.or the Eflarid
Urea Sewer System in a manner which provides an immediate
ability to connect the Harber & Ross Company with the: ~;tland
Area sewer System and enables a later upgrade ~L" sewer system
facilities crossing the railroad right-of-way t;o provide for the
connection of the Buckhorn Road EGOnorn1C Development District
area to the Efland Rrea Sewer System, all, consistent with North
Carolina law. These agreements will be in substantially the f.oL•m
of Exhibits H and C hereto.
2. Barber & Ross agrees to hold Orange County harmless
grid indemnify Orange County ay3irist loss in the event of a rl3icn
arising fzom any matter covered by the agreements between Orange
L:7UIlty and Norfolk-Southern Rai l.way Company and r_he North
C:~rolina Railroad '1'O THE EXTENT AND ONLY TO THF, EXTENT' of a
policy or policies of insurance procured and maitit.ainFd by
Baz•ber & koss, naming Norfolk-Southern Railway Company, the
lvorth Carolina Railroad and Orange Coi.inty, its public ofL'icials,
22
i
3
Jan-12-00 05:19P Coleman Gledhill Hargrave 919 732 7997
a
23
employees and agents,. as additional insureds grid with premiums
t'.o be made by Barber & Ross. This policy of insurance ar these
policies of insurance will provide coverage in scope and amount
equal to or excc~ding those required to fund ttie iridcrtrriity
provisions in the agr.eempnts between Oranyc: Cnurity and Norfolk-
Southern Railway Company and Orange County and ttie North
Carolina Railroad. Barber & Ross agrees to provide certificates
of insurance and copies of the policies of insurance and to
thereafter provide certificates of insurance and copies of the
policies of insurance with each policy renewal so Long as this
indemnity and insurance requirement is in place. This indemnity
and insurance requirement will remain in place UNTIL SUCH TIME
ANU ONLY UNTIL SUCH TIME as the sewer system crossing of the
Norfolk-Southern Railway Company and the North Carolina Railroad
that is ttie subject of Exhibits B and C herer.o serves the
gGrrral public purpose of providing Efland Area 5ewr_r System
connection to the Buckhorn Road Economic Development District.
3. Barber & Ross agrees to pay the la.cense and other fees
required to be paid in the agreements bel,ween Orange County Arid
Norfolk-Southern Railway Company and the North Carolina
Railroad.
4. Barber & Ross hay conl.racted for the survey work and
ttie plat Lor the preparation of Rxhibit D hereto, which exhibit
locatfs r.he P.dBemerll: and documents infrastrticGur•c along the
4
Jan-12-00 05:19P Coleman Gledhill Hargraves 919 732 7997
24
::ortil and west property lines of Barber & Ross and has
cornrni~sioned its civil consultants to insure the preparation of
this survey work. AarbPr & Ross agrees ro pay the fees and
expenses of its civil consultants. i3arber & Ross has paid or
will pay the sum of $ for the survey work. Orange
C:ouri~y agrees to pay Barber & Moss $ for this :;urvcy
and platting work, representing SUS of its total c:Q9t to D3L'}JCr
& Koss plus any amount Barber & Rosses' total cost for c.~~is
survey grid platting work exceeds $1,000.
5. In further consideration of the pr.c~miye vC Orange
County to permit Barber & Ross to connect ro Orange County's
Eflatid Area Sewer system to serve the properly oL Barber & Rosy
and in further consideration of the promise of Orange County to
maintain said sewer system and apparatus from and after
completion of c:~ri5truction and installation of ttie sewer systerrr
and apparatus, Barber & Ross, i.ts ~ucCessors and assigrl~, hereby
give, grant and convey unto Orange County, its 4ucce~sors and
assigns, a perpetual right and easement over, upon and through
the property or properties described in Exhibit D hereto, to
maintain one or more underground sewer lines and apparatus over,
upon and through the property described irl Exhibi*_ D hereto.
This easement ~.ncludcs a perpetual z•ight and eayecnent unto
Orange County l.o go upon said lands whenever r_he same is
reasonably necessary for the purpose of constructing,
i
5
Jan-12-00 05:20P Coleman Gledhill Hargrave 919 732 7997
25
inspecting, maintaining, repairing and removi:g said 11nP.s and
apparatus; provided, how~vcr, that in constructing, inspecting,
Raintaining, repairing and removing said facilities, the Couz:ty
,hail repair any facilities of Barber & Ross damayc:d by or
disrupted by consr_ructing, inspcctiny, operatiriy, maintaining,
repairing grid removing the sewer system Lacilitics, including
repairing any plants, fences, sidewalks, parking areas or other
facilities or improvements located upon the property of Barber &
Kosy. Orange County will assist and work with Barber ~ Ross in
the specific location of the Sewer system facilities in order to
minimize the impact to the operation of Barber & Ross now and in
the future. Aarber & Ross, its successors and assigns shall,
Tram time to time, at the request of Orange County, execute,
acknowledge and deliver to Orange County any and all future
instruments which may reasonably be required to give full force
and effect to the provisions of this easement.
6. The operation of the Orange County sewer collection
grid treatment system will be subject to and pPrf~~rmed iri
compliance with all regulations and ordinances which Orange
County has now adopted and may adopt or amend from time to time.
7. .Barber 6. Rosa agrees r_o install and maintain at its
own expense a service line from the Orange County sewer
collection and treatment system to the place of use of Barber &
6
Jan-12-00 05:20P Coleman Gledhill Hargrave 919 732 7997
1
26
Ross and will commence use of the O='ange County sewer collection
aric9 treatment system when that connection has been complete.
a. i3arber & Ross agreea ro pay all charges made by Orange
county for connection Lo the Orange County sewer collection aril
treatment system and for. the operation of that system according
to duly enacted rate schedules of Orange County ~3nd a~ they may
be changed from time to time.
9. Bazber. & Ross agrees to comply with all ordinances,
regulations and rules of Orange County related to the sewer
collection treatment system.
10. Barber & Ross agrees that its obligation to connect to
the system and to pay all charges for connection and operation
is one which cnay be speciticall.y enforced by Orange County ~n a
civil action brought by Orange County against Barber & Ross for
such enforcement.
IN W1:TNESS WHEREOF, Orange County and Barber & Ross have
~'aiised this agreement and sewer easement to be executed in their
respective corporate names and the respective corporate seals to
he hereunto affixed and attested by their. duly authorized
officers, all as of the date first above written.
COUNTY OF ORANGE, NORTH Cl\ROLINl~
By:
Moses Carey, Jr., Char,
Orange County Board ~f
Commissioners
7
Jan-12-00 05:20P Coleman Gledl-iill Hargrave 919 732 7997
27
ATTEST:
Beverly A. 131ythe, Clerk to
the Board of Commissioners
[OFFICIAL
sEAL~
BAKBER & ROSS COMPANY, INC.
A'TT~ST
$y : _ .._
President
(COR.PORATE
SEAL j
Secretary
NORTH CAROLINA
UKANGE COUNTY
I, a. Notary Public of the County and State aforesaid,
,certify that Beverly A. Blythe personally came before me this
day and acknowledged that she iq Cl.erk to the Hoard of
Commissioners for Orange Counl.y and that by authority duly given
and as the act of said County, the foregoing instrument was
Signed in its name by the Chairman of said Board of
Commissioners and attested by her as Clerk to said Aoard of
Commi.ssi.oner. s .
Witness my viand and official stamp or Beal, this the
day of _, 20
Notary Public
My commission expires:
STATE OF
COUNTY OF
I, _ a Notary Public .in and for the
County and State aforesaid, do hereby ccrtify Ctlat
personally came before me this day and
8
Jan-12-00 05:2OP Coleman Gledhill Hargrave 919 732 7997
28
acic.:owledgcd that he/:she is Secretary of Barber & Ross
Company, tnc. and that by au~hor.ity duly givcri and as do act of
13,~rber & Ross Comp:~s~iy, Inc. the foregoing instrument was siyrird
by _ its President, attested by
himself/herself as Secretary, and sealed with its
common seal of said Corporation.
Witness my hand and official seal this the _ day of
2000.
Notary Public
My commission expires:
mydocumec0.•::/DarD~rGross . agt
9
Jan-12-00 05:20P Coleman Gledhill Hargrave 919 732 7997
Exhibit n
NOR7M CAAOUNA
UTILITY EXTENSION FUNO AGREEMENT
ORANGE COUtYTY
THIS AC3RE>EAAt=JdT, maG and entered inm es of the day of tg sty and
between Ot• County o1 Orange, NoNt Carolina, a political aubdvislon of the State of North Carolina Having its
principal oftke at 208 S. Cantoron Street HYsborougll ~j~+ CaroPrta. hereinafter sentetimes refined to as
'Orange Count end BarDir~ Ross Company. tie., a ~r~~~~ corporation having Rs prinepai
office in Lrtu '~ ~~_ heriinattet sometimes nriRed to as 'Barber a Ross;
WHEREAS, 9atber a ROSS intends ro purchase the former Redman -wOaiia Horne manulacuuing sih
located in the BuckHOm Eeonomir: Davebpment District at 200 Redman Crossing Road and renovate the ftaeility
to rtwtutacttwi its ntiaworlc products: and
WHEAfJ13, Barger a Ross proposes m oonn.et the sanitary wastti stream from the plant. m the
etosting sanitary sewer line located apprnsimatey 2,000 toot east of ttte plant on Route 70; and
WHEREAS. the Orange Courtly Water and Sewer Policy, approved Apra 3, 1989 Ana amertaeQ
September 3, /991, estabGsMs'_. a basil fbr Orange County's 6narteiii participation in the provision of water
andlor sewer services trtd trr4liq' m provide tot eoortorttk dwetopment opportunities; and
wHEREA3, Dy action taken at a June 30, t 9fi9 n+eetirtg, th. Orange County Boars or Comntibsioners
agrees to: t) aAow ere ascension o! aewlx senriee trirrt Qti CountyY Elland sewer co8sctiott system by means
of a new waseiwatsr pumping stsgiat and sores maim, witiel+ Barger a Reas vtn7 oonstnxl to ttte appllcebli
standards arw approvals of IF+e NC Oivfsion of Water t?uailly and Orartpe Courfir. and 2) accept ovrnership of
one portion of the wastewatat lotca matt system vtAtiCh wdt De insnlle0 in fVCOOT rights-ol-way; atp_
WHEREAS. on SeptentDet 7. t 999, Orirgi County conducted a pUgtic hiirirtg pursuant to North
Carolina General Staeute S ~Sd-7.t, following pt~ieatan of rtotiee otOtat pubic hearktg at least ten (t0) drys
tutorte the AiaAng was held, for Ole purpose of reciwutg public corrtrttent on Ws agreement; and
WHEREAS at that public hiantng iMOrmadon was provided DY or on binaU of 8ar0er a Ross that
Barber d Ross has cOntrttilfe0 t0 a0 Ole foftowirtg;
t j Open cotnplebon oY wnstrUQion of tht pUmp4tg station ttutd force main. Barber a Rau will provide to the
County an at:counNng of tM btal actual project cost inducting Ooeuntentatfon sugstarttiatirtg each
expenditure
21 Barber a Ross will complete its environmental assessment and site remsGatkut for tM propsRy, atcArding
securing ~ DrownlNids agreement.
3) Barba a Ross will tnveet between tt and 1i.5 rttilion in nnovattona b:M e:istktg plant as 200 Redman
Crossing Road, an0 YtOY approyrttatey 1500.000 in equipnNnt.
41 Barger a Ross will assure aw till stetting wages ter Ali positions created in Orrnpe Courtry wm be at feast
to Per e101M and tf+eR ctrilftie two t0 thnie years. the project wB t7i7le two hundred jobs.
S) Barber 6 !lees wilt Inerwes t!e esaeting wage rate tirom time to time to remain in Comp6ant:e with tits living
wage stw+aard in efl~t in Orange County.
6) 8vbir i Roes. m in hs other plants, rtnM provide heatlh M'tstuance for ib employees and pay st least fiRy-
one peroint of tM Doses of r=aid inprranoe
7) Barber 6 Ross agrees b tetp in to a gravity sewer sysam serving ttte Budchom Road Economic
Developrrtertt Oistrics vtrhen R beedrrtes avaaable, and pay any appicabls tees.
VYHEAEA3, by resolution sdopled on 7 t 9~, trio Orange County t3oard of
Commissioners made the derinntnatane that:
1) the Barber 6 Roes invistntent at iM 200 Redman Crossing Rosa taWiy is expelled to hae3si ttte
Orang• t,;otatey tax rise by art amount exceeding 1500.000.
2) Barber a Ross commas to a starting wage ror sn positions ueatea In Orange Courtly «iuai to u resat se.oo
per hour Ana to increase the starting wage rate from time to tirvte to remain in cornplianca wtlh the wing
wage policy of Orange County.
29
Jan-12-00 05:21P Coleman Gledhill Hargrave 919 732 7997
~ 8arotr b Ross commits to providing heahh iASUrartCt for Rs ert+ployees atw to pay at least 51 SG of the cost
of that insurance.
~) BartZtr ~ Ross ettpecfi to txett! 200 jcbt at the Redmtu+ Dossing Goad tac~ay.
5) Barber ~ Ross agrtts b tap into a gravity sewer system tletving the Buekham Road economic
dtvtiopmenl disttlCt wham it beeornes availably and m pay any appiitrble fits.
WFIEAEAS, by rtsolut'bn adopted on 1 19 ~ ~ tht Orangt County 9oard of
Commissioners Ass a~retd b provide 550.000 tn~n+ a-e County's Uolny E~Rtnsion Fund for the peoposed sewer
extension project
W1TiVE.S9E7M:
In eonslderatltoe of ttte oormtirmtnts of Barbs i Rott as desatbed in this a~retrnent to bt perbrnitd
by earttr 3 Resa and upon Me suectssf+d eortsituclfon of 1M stwtr laeilitias and their suetassfW pemtitting by
all n.ee=sttry govemn+entat aptnaes. Orargi County tprets to pay to Haveer f~ Rosa 550,000 ss paRial
raimbursamernt fen tt~t coat o1 eonsteueting the stwtr itdlidta which wads s11tU come (rtun Mt Orange County
UGtiry E~ntion Furl.
iN WITNESS WHEREOF, Orange COUrrty and 8arbtr 3 Ross haw t:ausad this Wiliry txtension ttmo
agrtement to be ezeMed in ttttir respe[ttvt corporate namq and the respective corporate seals to be
hereunto affixed an0 atttstao try their duly autrtoritad placers, all as of the date first s0ove written.
COUNTY OF ORANGE, NORTH t,./W04NA
Atrce Y. Gardon, Chair,
Orange County Board of Commissioners
ATTE
t'hverly A. . Clank to
board of Cortwnissionent
(Sf:J11.]
BARBER a apse t;,OM'ANY. INC.
ay: ~~~ ~
PresiderR
(COAPOgATQ
9EAy
~• t-~nt
..:~
/ t".~l ~
1~ \
~~f
} a'f. 9 t ~i
P. 13