BC 1989 11 06 - Laserfiche WebLink

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241 (e) Drought Conditions: Any time at which the pool level of the Reservoir falls ten (10) feet or more below the normal pool level. This level will be at or below 640' MSL. (f) Drought Rationing Period: The period of time after the declaration of Drought Conditions until the minimum pool level of 645' MSL can be sustained on a weekly basis. (g) Historic Floor Amount: The approximate average quantity of raw water historically withdrawn, consumed or received from Coddle Creek by a riparian landowner as a usufructuary right ancillary thereto. (h) Kannapolis Water Company (KWC)': The assumed name of that general Partnership identified in Corporation Book 28, Page 585, of the Cabarrus County Registry, which now or formerly operates or operated a raw water pump station along Coddle Creek (the "Existing Pump Station") north and upstream of the Reservoir's dam site, its predecessors, successors and assigns. (i) MaximumUse Conditions: Any time at which the withdrawal, consumption or receipt of raw water by all customers of the Reservoir equals the net available yield. (j) Minimum Downstream Release: The minimum quantity of water that must be discharged through or over the dam downstream, to maintain wildlife habitats. (This number has been designated by the NC Wildlife Resources Commission as 6 cubic feet per second (CFS) or approximately 4 MGD.) (k) Net Available Yield: The quantity of water that is available for sale at any time after providing for the Minimum Downstream Release and the Historic Floor Amounts for Concord, as identified in Paragraph 6 of an Agreement between CABARRUS and CONCORD dated April 19, 1989, and for KANNAPOLIS, as established in Paragraph 6 herein. (1) Normal Pool Level: Pool level with gates in up position and water level at 650' feet MSL. (m) Raw Water Charge: The rate which CABARRUS charges to its customers for the withdrawal, consumption or receipt of any portion of the available yield of the Reservoir. (n) Restrictive Conditions: Any time at which CABARRUS, due toobjective occurrence, may restrict, limit or ration the available yield of the Reservoir to its customers. Such objective restrictive conditions shall include, but shall not be limited to, drought conditions, structural failure of the dam, mechanical failure of the pumping station or appurtenances, contamination of the impounded water, an act of God, other objective restrictive occurrence beyond the control of CABARRUS, or maximum use conditions. (o) Safe Daily Yield: The maximum quantity of water which can be withdrawn from the Reservoir during a critical dry period. The period of record for rainfall available for analysis is the period 1951-1986. The critical dry period used was one month. Based upon the foregoing, the safe daily yield is computed to be approximately 28 MGD. 4. Project Development and Financing. Upon such terms and under such conditions as hereinafter set forth, CABARRUS shall: (a) pursue.and complete the planning, designing, engineering, development and construction of the Reservoir and appurtenant facilities; (b) acquire all land and appurtenances and finance and pay for the Reservoir in its entirety; and (c) own and operate the Reservoir. 5. Termination of Condemnation Action, Transfer of Real Property and Delivery of Engineering and Related Documents. For and in consideration of the mutual covenants contained herein and in the Treated Water Agreement executed simultaneously herewith, on the date of its entry of a lease for the KWC Water System with option to purchase and its acquisition of rights to the KWC Real Property and/or the Deposit (the "Closing Date"): (a) The Deposit in the Condemnation Action shall be transferred to the parties entitled thereto in the manner and to the extent set forth in Paragraph 7.13.2 of the KWC Acquisition Agreement incorporated herein by reference; (b) Final Judgment transferring the KWC Real Property to CABARRUS shall be entered in the Condemnation Action memorializing the transfer of the KWC Real Property to CABARRUS, and/orKANNAPOLIS shall transfer good and sufficient title to the KWC Real Property to CABARRUS;