BC 1996 06 17 - Laserfiche WebLink

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120 (b) Controlling access to the reservoir; (c) Monitoring water quality as required by the regulatory agencies; (d) Maintaining the structures and equipment; (e) Conducting monitoring of the dam and test wells, as required by regulatory agencies; (f) Monitoring and correct soil erosion of the dam and other critical areas around the reservoir; (g) Mowing and maintaining ground cover to enhance the stability and appearance of the reservoir; and (h) Performing any other tasks required by law and/or regulation to maintain a safe, high quality supply as water for the citizens of Cabarrus County. 3. WSACC shall be held harmless by the County from any disputes or litigation arising from the construction of the reservoir, including, but not limited to, the dam; roads; mitigation sites; property acquisition; clearing of shrub area and tree growths prior to filling of the reservoir; and the relocation and removal of the Plantation Pipeline. 4. WSACC shall operate and maintain the septic tank mitigation systems serving the three (3) homes located adjacent to N. C. 136. The County shall be responsible for all cost of repairs to said system until the final transfer of ownership of the reservoir to WSACC, or until the septic tank system is no longer needed, whichever occurs first. 5. The County shall solely be responsible for establishing any and all regulations to enforce any permit or mitigation requirements that are not directly associated with the operation, maintenance and ownership of the reservoir such as, but not limited to, the protection of the area fifty feet (50') each side of all streams in Cabarrus County as required by the mitigation requirements. 6. WSACC will cooperate fully with the City of Concord and the City of Kannapolis in the day-to-day operation of the Reservoir. 7. WSACC agrees to provide employment for the two (2) employees assigned to the Reservoir with jobs of equal pay and responsibility. WSACC shall not be obligated t° assign these employees to positions at, or ~involved with, the operation and maintenance of the Reservoir. The two (2) employees will be §iven full credit for all retirement, vacation, sick and compensatory leave time, years of service as it may relate to benefits, and will be given benefits that ~are available to all WSAGC employees which are similar to those provided by the County. 8. All vehicles and equipment assi§ned to the Reservoir by the County for the purpose of operation and maintenance will be assigned to WSACC for the duration of the Interim Agreement. Ownership of said vehicles and equipment will be transferred upon approval of the final Agreement. 9. WSACC shall not be responsible for any debt service payments that relate to the initial construction of the reservoir during the term of the Interim Agreement or under the terms and conditions of the final Agreement. 10. WSACC shall recover all costs for reservoir operation, maintenance and capital expense, as appropriate, from those entities withdrawing water from the Reservoir through a rate structure that is sufficient to recover such cost. 11. WSACC shall have the flexibility to modify the approach, the contractors or engineers used for various services so long as WSACC accomplishes those tasks necessary for compliance with all permits and regulations and for the safe operation of the Reservoir. 12. WSACC is obligated to honor anyoutstanding agreements and contracts entered into by the County prior to July 1, 1996, provided the County furnishes the necessary funds for financing the costs and expenses specified in said contracts for services to be provided. 13. It is agreed that the County will continue to pay all of the costs of complying with the mitigation requirements of the construction permits, and WSACC will be responsible for managing and implementing the terms and conditions of said mitigation contracts. The County and WSACC may agree that WSACC will execute such contract, and the County reimburse WSACC for all costs and expenses, provided the County Manager approves said contracts in writing.