AG 1995 09 05 - Laserfiche WebLink

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F~OM WATER ~ SEWER AUTHORITY OF CABARRU~ CO. 08.21.1995 08:06 P. 3 between the Cot~nty and the Bank relating to the financing of the cost of the MCWWTP (hereinafter referred to as the "lnstallq~ent Purchase Contract"). The County may terminate its obligation to make Installment Payments as described above by making Installment Payments when due or by prepaying or otherwise providing for the payment of Installment Payments. The County shall continue to be responsible for the construction of the MCWWTP in accordance with the provisions of the Installment Purchase Contract. WSACC shall provide periodic, on-site inspections during construction of the MCWWTP to assist the County's engineer, HDR :Engineering, Inc., and to become familiar with the facilities. All questions and/or concerns that WSACC may have will be resolved through County staff and/or HDR lMgineering, Inc., and not directly with any contractor, WSACC will contact the County regarding any claims which need to be filed during the warranty period applicable to th'o construction of the MCWWTP. The County shall immediately notify the contractor and follow through on any and all warranty work items to a satisfactory ~esolution, or tile County may direct WSACC to contact thc contractor directly and, by notice to the contractor, the County may instruct the contractor that WSACC will act as agent for the County in all warranty matters. The County shall maintain property damage insurance on the MCWWTP until such time as the transfer described in paragraph 1. above is complete and shall pay for replace~nent of any structure or equipment lost or damaged until the transfer described in paragraph I. above is complete. WSACC agrees to operate and maintain the MCWWTP at tile same high level of performance that has been demonstrated at the RRRWWTP and other facilities operated by WSACC. In connection therewith, WSACC and tile County will cooperate to have WSACC named as the permittee for any permit required for the operation and maintenance of the MCWWTP, and WSACC will be responsible and liable for con~pliance with all permits limits and conditions as well as other Slate of North Carolina and federal laws and regulations which relate to the operation and maintenance of tile MCWWTP. WSACC will also satisfy the County's obligations with respect to the operation and maintenance of the MCWWTP under the Installment Purchase Contract. In addition, WSACC will not take any action, or fail to take any action, if such action or failure to take action would adversely affect the exclusion from gross income of thc interest components of the Installment Payments under Section I03 of the Internal Revenue Code of 1986, as amended. The County and the City of Concord have consolidated their applicable utility departments under tile City of Concord. Therefore, WSACC shall bill the City of Concord for all wastewater treatment services provided by the MCWWTP to retail users. The City of Concord will bill retail users and collect the related -2-.