AG 2011 08 15 - Laserfiche WebLink

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6. The County and the Cruse Parties desire for the County to construct the Facility on the CMP property in Rimertown and for the Cruse Individuals to manage and operate the Facility for the County. 7. The purpose of this Management Agreement is to set forth the terms by which the Cruse Parties will permit the County to construct the Facility and by which the Cruse Individuals will operate the Facility for the County. 8. This Management Agreement is entered into pursuant to the authority granted to the County by N.C. Gen. Stat. § 158 -7.1. In consideration of the above Premises and the Terms below, which the parties agree constitute sufficient legal consideration to make this Management Agreement legally binding and enforceable, the parties agree as follows. TERMS 1. The County agrees to provide the funds necessary to construct the Facility on CMP real property. This property (the "Real Property ") consists of approximately 15.875 acres of land, more or less, as more particularly described in a deed to CMP from the Cruse Individuals recorded in Book 9286, page 220 of the Cabarrus Public Registry and as shown in a plat recorded in Book 59, page 46 of such Registry. 2. The Facility to be constructed includes the water source and the wastewater treatment and wastewater irrigation systems required by the North Carolina Department of Environment and Natural Resources (NCDENR ") to treat wastewater from the meat harvesting and processing operations. In this Management Agreement, these wastewater systems are sometimes separately referred to collectively as the "Water and Wastewater Systems ". 3. The County has received the Grant in the amount of $675,000.00 and has budgeted an additional $455,857.00 for construction of the Facility. The County agrees to expend such total sum in the construction of the Facility. 4. The County has contracted with a general contractor to construct the Facility. The County will contract with a qualified firm within ninety (90) days of the execution of this agreement to construct the Water and Wastewater Systems necessary to operate the Facility. The Cruse Parties permit the County, this general contractor and all subcontractors, including employees and agents of each, to have unlimited access to the Real Property for the purpose of testing the Real Property and constructing and supervising the construction of the Facility. 5. All utilities required for construction and operation of the Facility, including but not limited to the electric power, Water and Wastewater Systems, shall be in the name of CMP and shall be paid for by CMP. 6. The Cruse Parties shall pay for all equipment necessary to fully utilize and operate a kill floor of the size to be contained in the Facility. An itemized listing of such equipment (the "Equipment ") is attached as Schedule 1. Attachment number 1 G -1 Page 200