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AG 2011 08 15
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AG 2011 08 15
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Last modified
8/16/2011 9:32:21 AM
Creation date
11/27/2017 11:16:35 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/15/2011
Board
Board of Commissioners
Meeting Type
Regular
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during that time, the deed of trust and security agreement shall be considered paid in full and <br />shall be released. Notwithstanding the foregoing, once the $350,000.00 amount for the Water <br />and Wastewater Systems construction (as provided in Paragraph 7) is paid whether by the <br />surcharge or a new grant, the time for the Cruse Parties to operate the facility after the Initial <br />Period shall be reduced to ten (10) years and the amortization recalculated accordingly. At any <br />time the Cruse Parties may pay any balance remaining on the deed of trust in lawful funds and <br />obtain a release of the deed of trust and security agreement. No interest shall be charged on this <br />deed of trust /security agreement obligation. <br />14. Upon prior written approval of the County, the Cruse Parties may borrow money <br />for the construction of improvements or repairs to the Facility. In such event, the parties agree to <br />increase the retail and wholesale prices of meat products processed by the Facility so that such <br />debt may be timely paid. <br />15. In the event the Facility is unable to generate a profit on normal operations, the <br />County may require the Cruse Parties to adjust the pricing of the products being processed in the <br />Facility. Except as provided in this paragraph and Paragraphs 7 and 14, the Cruse Parties shall <br />be the sole decision - makers on pricing of meat products processed by the Facility. <br />16. The Cruse Parties shall designate one or more individuals to be certified in any <br />and all operations required by any and all federal, state and local authorities to fully manage and <br />operate the Facility, including but not limited to any water and wastewater certifications required <br />by NCDENR. <br />17. The County through its designated agents and employees shall be entitled to <br />unlimited access to the Facility and shall be entitled to audit the activities and books and records <br />of the Cruse Parties at the County's expense, in order to monitor the operational and financial <br />activities of the Facility. <br />18. The Cruse Parties shall indemnify and hold harmless the County and its Board of <br />Commissioners, employees and agents from any and all claims, demands, losses and damages, <br />including but not limited to County's attorneys fees, arising from the management and operation <br />of the Facility. <br />19. The Cruse Parties shall maintain liability and workers compensation insurance <br />coverage amounts satisfactory to County. The County shall be named as an additional insured <br />on such coverage. <br />20. The Cruse Individuals shall devote sufficient energy and time to the management <br />and operation of this Facility such that it would be considered full time employment. <br />21. Default shall be defined as the failure of the Cruse Parties to comply with one or <br />more of their obligations under this Management Agreement. Should the Cruse Parties default in <br />performance of this Management Agreement, the County shall provide written notice of default <br />to the Cruse Parties at the CMP address. The Cruse Parties shall have thirty (30) days from the <br />date of such notice to comply with the provisions of this Management Agreement which caused <br />the default. Should the Cruse Parties fail to comply, the County at its option may terminate this <br />Management Agreement. Should the County terminate this Management Agreement, the County <br />Attachment number 1 <br />G -1 Page 202 <br />
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