BC 1989 11 06 - Laserfiche WebLink

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243 Paragraph 3(a), which CABARRUS may charge as a rate expressed in cents per thousand gallons, billed pursuant to Paragraph 8(e); (c) CABARRUS has established an Historic Floor Amount for Concord, the charge for the withdrawal of which shall not be considered as a Raw Water Charge or rate pursuant to this paragraph; (d) CABARRUS shall notify KANNAPOLIS of any rate changes at least'thirty (30) days prior to the effective date thereof; and (e) CABARRUS shall bill KANNAPOLIS in accordance with its established billing cycle based upon readings from the metering station identified in Paragraph 10. KANNAPOLIS shall pay said bills within thirty (30) days of receipt. Upon failure of payment, CABARRUS may discontinue supplying raw water from the Reservoir upon ten (10) days' written notice to KANNAPOLIS. 9. Leasing, Operation and Protection of the Existing Pump Station During Construction. From and after the Closing Date until the Completion Date, as set forth in Paragraph 5(d), for the sum of One Dollar ($1.00), CABARRUS shall lease to KANNAPOLIS so much of the KWC Real Property as is described.in "Exhibit C" attached hereto and incorporated herein by reference for the Existing Pump Station. During this period, except as set forth in Paragraph 10, KANNAPOLIS shall operate the Existing Pump Station and pump raw water through the Existing Raw Water Line. CABARRUS warrants and represents that to the maximum extent possible no aspect of the construction of the Reservoir shall unreasonably interfere with KANNAPOLIS's pumping and transmission operations and that the General Conditions of the Contract for Construction of the Reservoir shall include such a provision. 10. Connections, Pumping, Transmission and Metering Facilities Upon Completion of Construction. Prior to the Completion Date, at its expense, CABARRUS shall construct a new pumping station (the "New Pump Station"), including a Raw Water Metering Station (the "Metering Station"), along the Existing Raw Water Line comParable in capacity to, but at a site upstream from, the Existing Pump Station. ~ KANNAPOLIS hereby authorizes CABARRUS to connect the New Pump Station to the Existing Raw Water Line and, insofar as possible, to use the components of the Existing Pump Station in construction of the New Pump Station, provided that: (a) in advance of construction of the New Pump Station, CABARRUS shall provide KANNAPOLIS with plans and specifications for the New Pump Station and a schedule for construction for review and comment; and (b) at all times during construction, CABARRUS shall coordinate with KANNAPOLIS the removal of such components from the Existing Pump Station so as to minimize any "downtime" of the Existing Pump Station. Upon the Completion Date: (a) the lease of that portion of the KWC Real Property identified in Paragraphs 5, 9 and Exhibit C and used for the Existing Pump Station shall terminate; (b) subject to regulatory requirements regarding a water supply reservoir imposed upon CABARRUS by any agency of the State of North Carolina or the Uni%ed States, if any, CABARRUS shall transfer to KANNAPOLIS sufficient land surrounding the New Pump Station and adjacent to the Reservoir to accommodate the New Pump Station, the intake therefor and access thereto, but no less than one (1) acre; (c) KANNAPOLIS shall assume the operation and maintenance of the New Pump Station; and (d) CABARRUS shall assume the operation and maintenance of the Metering Station located in or about the New Pump Station. After the Completion Date: (a) any water drawn through the Metering Station, the Existing Pump Station and/or any New Pump Station, and/or pumped through the Existing Raw Water Line shall be deemed to have been withdrawn from the Reservoir; (b) KANNAPOLIS shall remain responsible for all operation and maintenance of the Existing Raw Water Line; and (c) CABARRUS shall maintain complete and accurate records of flow from the Metering Station and any or all other metering points in or about the Reservoir. At all times, KANNAPOLIS shall have access to such flow measurement facilities for the purpose of review of the accuracy of readings therefrom. 11. Disposition of the Existing Pump Station's Equipment. Upon the completion of the New Pump Station, the Existing Pump Station shall have been removed from operation and disconnected from the Existing Raw Water Line. At that time and at its option, KANNAPOLIS may salvage and remove any usable components of the Existing Pump Station's equipment not used by CABARRUS in construction of the New Pump Station, including, but not limited to, pumps, motors, motor control centers, control valves and electrical transformers and components; PROVIDED THAT, any equipment or components remaining six (6) months after notice to KANNAPOLIS of completion of the New Pump Station shall become the property of CABARRUS for disposal as it deems necessary.