BC 1989 04 19 - Laserfiche WebLink

Home Browse Search

91 warrants and guarantees that to the maximum extent possible no aspect of the construction of the Reservoir shall unreasonably interfere with CONCORD~s pumping and transmission operations and that the General Conditions of the Contract for Construction of the Reservoir shall include such a provision. 10. Connections, Pumping, Transmission and Metering Facilities Upon Completion of Construction. CONCORD hereby authorizes CABARRUS to connect any new pumping station (the "New Pump Station") to be engineered and constructed within or in the vicinity of the dam of the Reservoir to the Existing Water Line. On or prior to the Completion Date, CABARRUS shall construct a Raw Water Metering Station (the "Metering Station") at or prior to the connection by CABARRUS to the Existing Raw Water Line. Upon the Completion Date, the lease identified in Paragraph 9 shall terminate, and CABARRUS shall assume the operation and maintenance of the Existing Pump Station and/or the New Pump Station, and shall initiate the operation and maintenance of the Metering Station and the Existing Water Line from the Metering Station to a point ten (10) feet downstream thereof. After the Completion Date: (a) any water drawn through the Metering Station, the Existing Pump Station and/or any New Pump Station, and/or pumped through the Existing Raw Water Line shall be deemed to have been drawn from the Reservoir; (b) CONCORD shall remain responsible for all operation and maintenance of the Existing Raw Water Line from a point ten (10) feet downstream from the Metering Station to Hillgrove; and (c) CABARRUS shall maintain complete and accurate records of flow from the Metering Station and any or all other metering points in or about the Reservoir. At all times, CONCORD shall have access to such flow measurement facilities for the purpose of review of the accuracy of readings therefrom. 11. Disposition of the Existing Pump Station's Equipment. Upon the completion of the New Pump Station, the Existing Pump Station shall be taken out of operation and disconnected from the Existing Raw Water Line. At that time and at its option, CONCORD may salvage and remove any usable components of the Existing Pump Station's equipment, including, but not limited to, pumps, motors, motor control centers, control valves and electrical transformers and components; PROVIDED THAT, any equipment or components remaining six (6) months after notice to CONCORD of completion of the New Pump Station shall become the property of CABARRUS for disposal as it deems necessary. 12. Residual Raw Water Rights. CABARRUS shall not sell or deliver all or any portion of the Historic Floor Amount of CONCORD to any other customer of CABARRUS without the prior written approval of CONCORD (except on an emergency basis and then only for 72 hours or less), which approval shall not be unreasonably withheld; PROVIDED THAT prior to CONCORD~s approval, CABARRUS shall provide information to CONCORD with regard to such delivery of reserved raw water, including, but not limited to, the duration of the proposed contract, the amount of raw water to be sold, and the compensation, if any, to CONCORD. 13. Method of Amendment/Termination of Agreement. This Agreement may be amended or terminated only by a vote of the majority of the members of both of the respective governing boards of CONCORD and CABARRUS. 14. Warranties. CONCORD and CABARRUS hereby warrant and represent that: (a) Execution of this Agreement and full performance of its own obligations hereunder are fully authorized by law; (b) Each has complied or will comply with all procedures necessary to render its execution of this Agreement and the performance of its obligations hereunder as valid, legal and binding acts of CONCORD or CABARRUS, respectively; and (c) Ail contracts for work to be done in connection with the construction of the Reservoir will be performed in accordance with the laws and regulations to which CONCORD and CABARRUS are subject, expressly including, but not limited to, the public bidding laws of the State of North Carolina.