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SEWAGE SERVICE AGREEMENT <br /> <br /> This Sewage Service Agreement (this "Agreement"), made and entered, into as of the <br />later of the dates of execution hereof by and between the Water and Sewer Authority of Cabarrus <br />County, a public body politic and corporate of the State of North Carolina ("WSACC"), and the <br />County of Cabarrus, North Carolina, a political subdivision of the State of North Carolina <br />("Cabarms") provides that; <br /> <br /> WHEREAS, WSACC was organized under the provisions of the North Carolina Water <br />and Sewer Authorities Act, being Article 1 of Chapter 162A of the General Statutes of North <br />Carolina, as amended (the "Act"), by the governing bodies of Cabarrus, the City of Concord, <br />North Carolina ("Concord"), the City of Kannapolis, North Carolina, the Town of Harrisburg, <br />North Carolina and the Town of Mount Pleasant, North Carolina (collectively the "Political <br />Subdivisions") for the purpose of acquiring, constructing, operating and mainiaining certain <br />water and sewer system facilities; <br /> <br /> WHEREAS, in furtherance of such purpose, WSACC has entered into certain agreements <br />with some of the Political Subdivisions and other persons, including an Interim Operation <br />Agreement for the Rocky River Regional Wastewater Treatment Plant and Additional Facilities <br />and Infrastructure, entered into as of June25, 1992 by Concord, Cabarrus and WSACC (the <br />"Interim Operation Agreement"), and an Agreement for the Transfer of and the Operation and <br />Maintenance of the Muddy Creek Wastewater Treatment Plant, executed September 5, 1995 by <br />Cabarrus and WSACC (the "Muddy Creek Agreement"); <br /> <br /> WHEREAS, pursuant to the Interim Operation Agreement, ownership of the Rocky River <br />Regional Wastewater Treatment Plant and certain related property, as described therein <br />(collectively the "RRRWWTP"), has been transferred to WSACC and ownership of certain <br />interceptor and outfall lines and appurtenant metering and pumping stations, as described therein <br />(collectively the "Additional Facilities and Infrastructure"), will be transferred to WSACC and <br />WSACC is responsible for the operation and maintenance of such facilities; <br /> <br /> WHEREAS, pursuant to the Muddy Creek Agreement, ownership of the Muddy Creek <br />Wastewater Treatment Plant and certain related property, as described therein (collectively the <br />"MCWWTP"), is to be transferred to WSACC upon the satisfaction of certain conditions and <br />WSACC is responsible for the operation and maintenance of the MCWWTP; <br /> <br /> WHEREAS, pursuant to an agreement entered into as of February 13, 1993 by WSACC, <br />the Political Subdivisions and the Water and Sewer District of Cabarms County, WSACC has <br />been designated as the management planning agency for a planning area which includes <br />WSACC's service area and is acting as the lead agency for water and sewer planning purposes <br />with respect to such planning area pursuant to Pub. L. No. 92-500, as amended; <br /> <br /> WHEREAS, it appears that it will be necessary for WSACC to expand or improve tb~e <br />RRWWTP, the Additional Facilities and Infrastructure and the MCWWTP (collectively the <br /> <br />C-489x~09V03 !. 13480,00011 <br /> <br /> <br />