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HomeMy WebLinkAbout2021-230-Planning-Hermelinda J. Canto-Historic Rogers area agreement for 7721 Rogers RdOctober 2020 1.0 1 TITLE 7721 Rogers Road FY 20-21 NORTH CAROLINA PROPERTY OWNER QUALIFICATION AGREEMENT ORANGE COUNTY This Property Owner Qualification Agreement (hereinafter “Agreement”), made and entered into this 20th day of April, 2021, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Hermelinda J. Canto, (hereinafter, the "Property Owner"). WITNESSETH: That the County and Property Owner, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope. This Agreement is for the qualification, provision and funding of professional services to be rendered by a licensed plumber (“Provider”) at the Property Owner’s property at (7721 Rogers Road) (Street Address or Street Addresses) located within Town of Carrboro jurisdictional area and identified as PIN(s) (9870348970) (hereinafter, the “Property”). These professional services shall be with respect to the installation and permitting of a single private sewer service lateral connection and the abandonment of the existing septic system for each Street Address/PIN listed above (the “Work”). 2. Responsibilities of the Property Owner a. Cooperation with County and Town. The Property Owner shall fully cooperate with the County and the Town of (Carrboro) (“Town”). Property Owner has or shall provide all requisite information including proof of ownership, income and other financial documentation, along with any other information or documentation requested. b. Cooperation with Provider. The Property Owner shall provide a right of entry and all necessary or reasonable access to allow the Provider to complete the Work. 3. Responsibilities of the County a. Cooperation and Coordination. The County has designated Christopher J. Sandt, P.E. to act as the County's representative with respect to the Work and shall have the authority to render decisions within guidelines established by the County and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. b. Contracting and Funding. The County has or shall issue an informal request for proposals (RFP) to solicit and select the lowest responsive and responsible Provider for the permitting and installation of the private sewer service lateral connection and associated abandonment of the existing septic system. The County will contract directly with the Provider to complete the Work. DocuSign Envelope ID: C9EC122D-201B-42CD-8C09-AEE84F831F99 October 2020 1.0 2 Contracts for the installation of the private sewer lateral connections and associated work shall clearly state that neither the County nor the Towns shall have any financial responsibility or liability beyond providing the financial assistance and arranging for payment to the contracted plumbers (other than any permitting or inspections responsibilities they may have in their governmental capacities). Said contracts shall provide that the contracting plumbers shall indemnify and hold harmless the Parties for any and all claims arising out of the contracting plumbers’ work for the Property Owner. 4. Indemnity a. Indemnity. The Property Owner agrees, without limitation, to defend, indemnify and hold harmless the County, the Town of Carrboro and the Town of Chapel Hill from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Work and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of either the Property Owner or Provider except to the extent same are caused by the negligence or willful misconduct of the County. Neither the County nor the Towns shall have any financial responsibility or liability beyond providing the financial assistance and arranging for payment to the contracted plumbers (other than any permitting or inspections responsibilities they may have in their governmental capacities). It is the intent of this provision to require the Property Owner to indemnify the County and Towns to the fullest extent permitted under North Carolina law. 5. Third Party Rights a. Third Party Rights. Nothing in this Agreement is intended to create, grant, or convey rights in or to any third party. Nothing herein is enforceable by any third party and the rights of the parties hereto to terminate or amend this Agreement are not subject to the consent of any third party. 6. Amendments to the Agreement a. Changes. Changes shall be made by a written Amendment to this Agreement executed by the County and the Property Owner. 7. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Property Owner. b. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Property Owner with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. c. Suspension. County may suspend this Agreement at any time for County’s convenience. DocuSign Envelope ID: C9EC122D-201B-42CD-8C09-AEE84F831F99 October 2020 1.0 3 8. Additional Provisions a. Limitation and Assignment. The County and the Property Owner each bind themselves, their successors, assigns, and legal representatives to the terms of this Agreement. Neither the County nor the Property Owner shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations, and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. d. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Property Owner and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. e. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. f. Non-Appropriation. Property Owner acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Property Owner of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County’s statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Property Owner of such limitation or change in County’s legal authority. g. Signatures. This Agreement together with any amendments or modifications may be DocuSign Envelope ID: C9EC122D-201B-42CD-8C09-AEE84F831F99 October 2020 1.0 4 executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. h. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Property Owner’s Name & Address Attention: Christopher J. Sandt, P.E. Hermelinda J. Canto P.O. Box 8181 7721 Rogers Road Hillsborough, NC 27278 Chapel Hill, NC 27516 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROPERTY OWNER: By: _____________________________ Bonnie Hammersley, County Manager By: __________________________________ Hermelinda J. Canto, Owner Printed name and title TOWN ACKNOWLEDGMENT The Property Owner has been identified as qualified for the installation of private sewer service lateral connections for low-to-moderate income (LMI) homeowners of Heritage Lots with Pre- Existing Dwellings in the Historic Rogers Road Sewer Project Area and otherwise consistent with the related interlocal agreement between Orange County, Town of Chapel Hill and Town of Carrboro executed on June 4, 2020. By: __________________________________ Rebecca Buzzard, Town of Carrboro, Project Manager Printed name and title DocuSign Envelope ID: C9EC122D-201B-42CD-8C09-AEE84F831F99 October 2020 1.0 5 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Hermelinda J. Canto Party/Vendor Contact Person: Luis Jimenez (son, English interpreter) Contact Phone: 919-448-4099 Party/Vendor Address: 7721 Rogers Road City Chapel Hill State: NC Zip: 27516 Department: Planning Amount: $0 Purpose: Historic Rogers Road Area - LMI Sewer Connection Initiative - Property Owner Qualification Agreement for 7721 Rogers Road Budget Code(s): #61370035-880020-10054 Vendor # N/A - property owner will not receive payments from Orange County (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date April 20, 2021 Approved by Board Yes No Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: C9EC122D-201B-42CD-8C09-AEE84F831F99 4/16/2021 4/16/2021 4/22/2021 4/22/2021