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BC 1989 04 19
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BC 1989 04 19
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4/30/2002 3:25:47 PM
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Meeting Minutes
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Minutes
Meeting Minutes - Date
4/19/1989
Board
Board of Commissioners
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88 <br /> <br /> WHEREAS, CONCORD and CABARRUS desire to cooperate in said undertaking <br />pursuant to the terms of this Agreement and an agreement between the parties <br />relating to the sale of treated water by CONCORD to GABARRUS executed <br />simultaneously herewith (the "Treated Water Agreement"); <br /> <br /> NOW, THEREFORE, in consideration of the premises herein, the terms of the <br />Treated Water Agreement, and the mutual covenants and agreements hereinafter set <br />forth, CONCORD and CABARRUS agree as follows: <br /> <br /> 1. Purpose. The purpose of this Agreement is to establish a basis for <br />cooperation between CONCORD and CABARRUS in the construction, operation and <br />maintenance of the Reservoir upon land now owned by CONCORD and/or CABARRUS <br />and/or others in order to provide and supply an additional source of raw water <br />for the residents of greater Cabarrus County. <br /> <br /> 2. Duration of Agreement. The duration of this Agreement is forty (40) <br />years, which term shall be automatically renewed for successive periods of twenty <br />(20) years each, unless amended or terminated as to executory matters in the <br />manner set forth in Paragraph 13 of this Agreement. <br /> <br /> 3. Definitions. For further explanation and interpretation of this <br />Agreement, the following definitions shall apply herein wherever the context <br />dictates: <br /> (a) Actual Maintenance and Operation Expense (the AME): The <br /> actual expense for electricity and related charges for pumping raw <br /> water from the Reservoir, if any, and/or if applicable, and the <br /> actual expense for the operation and maintenance of the Reservoir, <br /> including, but not limited to, personnel, repairs and related <br /> expense, but specifically excluding and omitting any and all initial <br /> capital expense for the Reservoir, whether considered direct or <br /> indirect cost, amortized debt, or otherwise computed. <br /> (b) Available Yield: The quantity of water from the Reservoir <br /> that is available for sale by CABARRUS at any time after providing <br /> for the Minimum Downstream Release. <br /> (c) Completion Date: The first date upon which the Reservoir <br /> is certified to produce treatable water, i.e. the first date the <br /> Reservoir reaches and is able to sustain a minimum water level of <br /> 640' Mean Sea Level (MSL) on a weekly basis (the level below which <br /> rationing shall occur under drought conditions as herein defined). <br /> (d) Customer(s): Any or all users authorized by CABARRUS, in <br /> writing, to withdraw, consume or receive raw water from the <br /> Reservoir, including, but not limited to, CONCORD, the Kannapolis <br /> Water Company, or any other person, firm, corporation, county, <br /> municipal corporation, water district, sanitary district, or other <br /> entity whatsoever so authorized, their successors or assigns. <br /> (e) Drought Conditions: Any time at which the pool level of <br /> the Reservoir falls ten (10) feet or more below the normal pool <br /> level. This level will be at or below 640' MSL. <br /> (f) Drought Rationing Period: The period of time after the <br /> declaration of Drought Conditions until the minimum pool level of <br /> 645' MSL can be sustained on a weekly basis. <br /> (g) Historic Floor Amount: The approximate average quantity <br /> of raw water historically withdrawn, consumed or received from <br /> Coddle Creek by a riparian landowner as a usufructuary right <br /> ancillary thereto. <br /> (h) Kannapolts Water Company: The assumed name of that <br /> general partnership identified in Corporation Book 28, Page 585, of <br /> the Cabarrus County Registry, which operates a raw water pump <br /> station along Coddle Greek north and upstream of the Reservoir site, <br /> its predecessors, successors and assigns. <br /> (i) Maximum Use Conditions: Any time at which the withdrawal, <br /> consumption or receipt of raw water by all customers of the <br /> Reservoir equals the net available yield. <br /> (j) Minimum Downstream Release: The minimumquantity of water <br /> that must be discharged through or over the dam downstream, to <br /> <br /> <br />
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