HomeMy WebLinkAboutOTHER-2022-049-First Amendment To Interlocal Agreement Between Orange County And The Town Of Hillsborough For Construction And Operation Of Water And Sewer Facilities In The Hillsborough Area Economic Development Di FIRST AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN ORANGE COUNTY AND THE TOWN OF
HILLSBOROUGH FOR CONSTRUCTION AND OPERATION
OF WATER AND SEWER FACILITIES IN THE
HILLSBOROUGH AREA ECONOMIC DEVELOPMENT
DISTRICT OF ORANGE COUNTY
This is the Fist Amendment ( "First Amendment" ) to the "Interlocal Agreement Between
Orange County and the Town of Hillsborough for Construction and Operation of Water and
Sewer Facilities in the Hillsborough Area Economic Development District of Orange
County" (the "Interlocal Agreement") which Interlocal Agreement is dated, made , and
entered into as of the 25th day of September, 2017, by the Town of Hillsborough, a North
Carolina municipal corporation ( " Hillsborough, " Town or Town of Hillsborough ) and
Orange County, a North Carolina political subdivision ( " County, " " Orange " or " Orange
County") .
This First Amendment is entered into as of the _ day of September, 2022 .
RECITALS
WHEREAS the Town and the County entered into the Interlocal Agreement dated September 25 ,
2017 ; and
WHEREAS the Interlocal Agreement has a term of five (5 ) years which will expire on September
25 , 2022 unless further extended by mutual agreement of the Town and the County; and
WHEREAS the purposes stated in the Interlocal Agreement have not yet been accomplished, but
the Town and the County continue to work toward accomplishing those purposes and, therefore ,
desire to extend the term of the Interlocal Agreement as set forth herein and to otherwise amend
the Interlocal Agreement as set forth in this First Amendment .
NOW, THEREFORE, based on the foregoing premises and the mutual promises stated herein, and
for other good and valuable consideration the receipt and sufficiency of which are acknowledged
by the Town and the County, it is agreed as follow
1 . With respect to paragraph 3 of the Interlocal Agreement, entitled " Construction" , the Town
of Hillsborough will pay only its pro -rate share of engineering services for those sections of
the water infrastructure lying outside the boundaries of the County ' s Economic Development
zone , and the County will pay its pro -rate share of engineering services for those sections of
the water and/or sewer infrastructure lying within the County ' s Economic Development
Zone . The County will also pay the full cost of construction and construction engineering
and inspection for the water "loop " line proposed to connect the water line serving the
County ' s Economic Development Zone to the Town ' s existing water infrastructure located in
or adjacent to New Grady Brown School Road in order to ensure sufficient water pressure
and redundancy to accommodate the anticipated intensity of development in the County ' s
Economic Development Zone .
2 . With respect to paragraph 12 of the Interlocal Agreement, the term of the Interlocal
Agreement, as amended by this First Amendment, shall be extended until midnight on
December 315 2022 , so that the reservation of water capacity and sewer capacity ( 108 , 000
gallons per day, each) as set forth in paragraph 4 of the Interlocal Agreement shall remain in
effect until midnight on December 31 , 2022 unless sooner terminated or further extended by
written agreement of the parties . Provided, however, if the Town schedules a public hearing
to consider the voluntary annexation of an area within the County Economic Development
Zone before December 31 , 2022 , then the Interlocal Agreement as amended by this First
Amendment shall terminate without any further action by the Town of the County .
3 . Except as expressly amended by this First Amendment, the terms of the Interlocal
Agreement shall remain in full force an effect .
AGREED TO AS OF the _ day of September, 2022 ,
ORANGE COUNTY, a North Carolina County
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BY :
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TOWN OF HILLSBOROUGH,
A North Carolina municipality 0,T zi
BY :