AG 1998 07 13 - Laserfiche WebLink

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DRAFT described in the Cabarrus Coun:y Indus:rial Development Incen:tve Oran: Program (the "Program") as previously approved by the Board of Councy Commissioners of the County (a copy of =he Pro,ram as approved thereby being at~ached hereto as Exhibit B). The County hereby confirms that the Board of County ~ommissioners of the County has approved the application of the pro,ram co the Facility and has authorized Grants and other terms of this A&reement. The County further confirms that this A~reement constitutes the "formal agreement" required under the Pro,ram and that the terms of this Agreement and those contained in the attached description of =he Pro~ram (Exhibit B) shall ~overn the application of the Pro~ram to the Facility. The parties a~ree that the five-year period for the Grants shall be~in with such tax year as Cornin~ shall elect by written notice to the County and that any expansion of the Facility after the commencement of the five-year Gran~ period shall (provided =he Pro§ram is still in effect) be considered for separate Grants under the Fro~ram for a separate five-year Grant period be§inning for such tax year as Cornin~ shall elect by written notice to che County. The assessed value for local property tax purposes of all real and personal property involved in the Facility shall determine the amoun~ of the investment "level" for the Pro~ram in effect at ~hat time. The calculations for the grant program shall consider ~he value of tax payments made by Cornin§ and collected by the County on behalf of the Midland Fire District in the same manner and proportion in the ~rant pro§ram as to the County. The al~ocat£on of incentive §rant payments inclusive of the applicable proportionality for the Midland Fire District shall be administered and implemented by the County consistent with the Cabarrus County Industrial Development Incentive Grant Pro,ram guidelines as established by the Board of County Commissioners. Cornin~ a~rees =o send to =he County Manager, at ~he time i= makes i~s annual property tax pa)~ent$, a copy of the property tax payment and any accompanylnE correspondence. The County a~rees that the Grant payments =o be made to Corning will be made within twenty (20) days af[er the payment of all property taxes due to the County and the delivery of ~he item referred to in the preceding sentence. 2.0 Sewer and Process Waste Water Services, 2.1 Public Sapitary Sewer Service` On or before June 1, 1997, the City and WSACC made available ro the Facility, at no cost to Corning, public sanitary sewer facilities and service for a capacity of a peak flow rate of 180 gallons per minute and an average flow rate of 48,000 gallons per day via an eigh~ (8) inch PVC §ravtty l~ne. 2.2 Process Waste Water Service. On or before May 1, 1998, USACG made available to the Facility process waste water service from a location on the Property defined by Corning to the Rocky River, or to another site approved by Corning, providing for a peak flow rate of 158 gallons per minute (227,550 gallons per day) via an eight (8) inch diameter minimum schedule 80 PVC forced main line, yielding a line loss not to exceed 80 feet of head pressure. Details are contained in the Wastewater Services Agreement between WSACC and Corning (Exhibit D). 2.3 Permits. Approvals. etc. The County a~rees ~o acquire any and all permits and right-of-ways required to complete the facilities described in paragraphs 2.1 and 2.2. Prior to and throughout the construction, Corning shall have the right to approve the materials, design and construction of such facilities. The County hereby agrees to allow Corning ~o abandon such portion of such facilities =han run across the Property as ~orning so requests. Corning may excavate such portion of such facilicies in order that Corning may connect to the existing facilities at the location mos~ desirable and advantageous to Corning. The County hereby agrees to release of record ~he easement for the portion of such facilities that are abandoned. 3.0 Water Services. The City of Concord shall make available to the Facility, aC no construction cost to Corning, city water service via (a) an existing eight (8) inch line, and (b) a second water line of at least eight (8) inches, each capable of providing a peak flow rate of 451 gallons per minute at a m~nimum pressure 40 pounds per square inch nd, an average flow rate of gallons per minute (277,000 gallons per day Corning Phase I and 378,~00 gallons per day Corning Phase II) at a minimum pressure 40 pounds per square inch. The first line (a) is in service at the time of this agreement; the second line (b) shall be built and cost shared by the City, County in conjunction with WSACC, engineering has commenced, and construction shall begin as soon as possible after a routing plan and line sizing are completed. Tha second line (b) shall be constructed and connected so as to be a water supply feed to the Facility by May 1, 1999. In conjunction with Corntn§'s certification of water supply demand of 378,400 gallons per day, it is understood that Corning will be billed and pay for water service to the Faclllty at a minimum usage rate of 140,000 gallons