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606 described in the Cabarrus County Industrial Development Incentive Grant Program (the "Program") as previously approved by the Board of County Commissioners of the County (a copy of the Program as approved thereby being attached hereto as Exhibit B). The County hereby confirms that the Board of County Commissioners of the County has approved the application of the program to the Facility and has authorized Grants and other terms of this Agreement. The County further confirms that this Agreement constitutes the "formal agreement" required under the Program and that the terms of this Agreement and those contained in the attached description of the Program (Exhibit B) shall govern the application of the Program to the Facility. The parties agree that the five-year period' for the Grants shall begin with such tax year as Corning shall elect by written notice to the County and that any expansion of the Facility after the commencement of the five-year Grant period shall (provided the Program is still in effect) be considered for separate Grants under the Program for a separate five-year Grant period beginning for such tax year as Corning shall elect by written notice to the County. The assessed value for local property tax purposes of all real and personal property involved in the Facility shall determine the amount of the investment "level" for the Program in effect at that time. The calculations for the grant program shall consider the value of tax payments made by Corning and collected by the County on behalf of the Midland Fire District in the same manner and proportion in the grant program as to the County. The allocation of incentive grant payments inclusive of the applicable proportionality for the Midland Fire District shall be administered and implemented by the County consistent with the Cabarrus County Industrial Development Incentive Grant Program guidelines as established by the Board of County Commissioners. Corning agrees to send to the County Manager, at the time it makes its annual property tax payments, a copy of the property tax payment and any accompanying correspondence. The County agrees that the Grant payments to be made to Corning will be made within twenty (20) days after the payment of all property taxes due to the County and the delivery of the item referred to in the preceding sentence. 2.0 Sewer and Process Waste Water Services. 2.1 Public Sanitary Sewer Service. On or before June 1, 1997, the City and WSACG made available to the Facility, at no cost to Corning, public sanitary sewer facilities and service for a capacity of a peak flow rate of 180 gallons per minute and an average flow rate of 48,000 gallons per day via an eight (8) inch PVC gravity line. 2.2 Process Waste Water Service. On or before May 1, 1998, WSACC made available to the Facility process waste water service from a location on the Property defined by Corning to the Rocky River, or to another site approved by Corning, providing for a peak flow rate of 158 gallons per minute (227,550 gallons per day) via an eight (8) inch diameter minimum schedule 80 PVC forced main line, yielding a line loss not to exceed 80 feet of head pressure. Details are contained in the Wastewater Services Agreement between WSACC and Corning (Exhibit D). 2.3 Permits, Approvals, etc. The County agrees to acquire any and all permits and right-of-ways required to complete the facilities described in paragraphs 2.1 and 2.2. Prior to and throughout the construction, Corning shall have the right to approve the materials, design and construction of such facilities. The County hereby agrees to allow Corning to abandon such portion of such facilities than run across the Property as Corning so requests. Corning may excavate such portion of such facilities in order that Corning may connect to the existing facilities at the location most desirable and advantageous to Corning. The County hereby agrees to release of record the easement for the portion of such facilities that are abandoned. 3.0 Water Services. The City of Concord shall make available to the Facility, at no construction cost to Corning, city water service via (a) an existing eight (8) inch line, and (b) a second water line of at least eight (8) inches, each capable of providing a peak flow rate of 451 gallons per minute at a minimum pressure 40 pounds per square inch nd, an average flow rate of 264 gallons per minute (277,000 gallons per day Corning Phase I and 378~400 gallons per day Corning Phase II) at a minimum pressure 40 pounds per square inch. The first line (a) is in service at the time of this agreement; the second line (b) shall be built and cost shared by the City, County in conjunction with WSACC, engineering has commenced, and construction shall begin as soon as possible after a routing plan and line sizing are completed. The second line (b) shall be constructed and connected so as to be a water supply feed to the Facility by May 1, 1999. In conjunction with Corning's certification of water supply demand of 378,400 gallons per day, it is understood that Corning will be billed and pay for water service to the Facility at a minimum usage rate of 140,000 gallons