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WHEREAS, the Environmental Protection Agency has been provided a package .of <br />information that would allow transfer but has subsequently requested clarification of certain <br />information obtained in the Agreement. <br /> <br />NOW, THEREFORE, it is hereby agreed that: <br /> <br />(1) <br /> <br />The Agreement is considered to be a 'lease of the Rocky River Regional <br />Wastewater Treatment Plant and identified interceptors to the Authority for the <br />operations and maintenance until suct~ time the Environmental Protection Agency <br />approves the original grant transfer at which time the facility will be transferred <br />in title to the Authority. <br /> <br />J(2) Section 3 will be amended as follows: <br /> <br />The Authority agrees to continue to provide waste treatment service to 'that same <br />area as is served by the RRRWTP on the Effective Date.- The present area served <br />includes 100% of the designated 201 Planning Area which is the service area of <br />WSACC. WSACC may expand but may not reduce the service area. <br /> <br />(3) Section 6 will be amended as follows: <br /> <br />Concord and Cabarrus agree to complete the transfer or lease of the Operating <br />Facilities in accordance with that "Settlement Agreement" dated January 6, 1992, <br />by and between Concord and Cabarrus, as amended, and title to all property, <br />facilities, rights-of-way and infrastructures to the Authority upon approval of the <br />transfer of the original Grants 04 and 05 by the Environmental Protection <br />Agency. When the Environmental Protection Agency approves the transfer of the <br />original Grants 04 and 05, transfer of facilities and infrastructures shall occur <br />instead of lease. ~ <br /> <br />IN WITNESS WHEREOF, Concord has executed this Amendment No. 1 to the Interim <br /> <br />Operation Agreement this ~ day of <br /> <br />, 1994 and Cabarrus County has executed this <br /> <br />Amendment No. 1 to the Interim Operation Agreement this __ day of <br /> <br />, 1994 and <br /> <br />the Authority has executed this Amendment No. 1 to this Interim Operation Agreement this <br /> <br />__ day of , 1994. <br /> <br /> <br />