BC 1988 11 21 - Laserfiche WebLink

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542 ATTEST: Clerk CABARRUS COUNTY By: Chairman Board of Commissioners NORTH CAROLINA CABARRUS COUNTY AGREEMENT TO SUPPLY TREATED WATER THIS AGREEMENT, of Interlocal Cooperation, pursuant to Article 20 of Chapter 160A of the General Statutes of North Carolina, made and entered into this day of , 1988, by and between the CITY OF CONCORD, North Carolina (hereinafter referred to as "CONCORD"), and CAB~RRUS COUNTY (hereinafter referred to as "CAB~dlRUS"); W I T N E S S E T H: that -- WHEREAS, simultaneously with the execution of this Agreement, CONCORD and CABARRUS have executed an Agreement (the "Reservoir Agreement") with regard to the construction, operation and maintenance of a dam, lake and watershed in Cabarrus County, North Carolina, on Coddle Creek (hereinafter referred to as the "Reservoir") for the storage of raw water; and WHEREAS, CONCORD currently operates a water filter plant and treatment facility known as the Hillgrove Filter Plant ("Hillgrove") into which a 24-inch raw water transmission line connects from the vicinity of the Reservoir site; and WHEREAS, CONCORD currently sells treated water to CABARRUS pursuant to the terms of an Agreement dated August __, 1988 (the "1988 Water Supply Agreement"); and WHEREAS, CABARRUS desires for CONCORD to treat raw water from the Reservoir and CONCORD desires to expand the treatment capacity of Hillgrove in an orderly fashion; and WHEREAS, CONCORD and CABARRUS desire to modify the 1988 Water Supply Agreement and agree that it is to their mutual advantage to enter into an undertaking regarding the treatment of raw water from the Reservoir and the orderly expansion of Hillgrove; NOW, THEREFORE, in consideration of the premises herein and in the Reservoir Agreement and the mutual covenants and agreements hereinafter set forth, CONCORD and CABARRUS agree as follows: 1. Purpose. The purpose of this Agreement is to modify the 1988 Water Supply Agreement and to establish a basis for cooperation between CONCORD and CABARRUS with regard to the treatment of water drawn from the Reservoir, or otherwise, and the expansion of water treatment facilities at Hillgrove. 2. Duration of Agreement. The duration of this Agreement is perpetual. 3. Treated Water Rights and Supply. Effective with the execution of this Agreement, CONCORD shall treat and provide to CABARRUS from .Hillgrove, or otherwise, any amount of treated water which is available, all of which shall be deemed to have been drawn from the Reservoir, whether completed or not; PROVIDED THAT CONCORD hereby reserves and grants to CABARRUS a right of first refusal for treated water at the rates set forth hereinafter, no amount of which shall be accumulated (the "Floor Amount") upon the following schedule: (a) From the date of execution of this Agreement until January 1, 1990, no less than 1-1/2 million gallons per day;