BC 1996 09 03 - Laserfiche WebLink

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157 diameter pipe. The City hereby agrees to allow Bell/Sysco to abandon such portion of the sewer line that runs across the Property as Bell/Sysco so requests. Bell/Sysco may excavate such portion of the sewer line in order that Bell/Sysco may connect to the existing sewer line at the location most desirable and advantageous to Bell/Sysco. The City hereby agrees to release of record the easement for the portion of the sewer line that is abandoned. In addition, the City will provide (no later than February 1, 1997), at no cost to Bell/Sysco, sanitary sewer to the Property in such a manner that would facilitate gravitational flow. SECTION 5. Water Services. The City acknowledges that City water is available to the Property and that the City will, at no expense to Bell/Sysco, extend water service to the boundary of the Property and provide increased capacity (at least 2,000 gallons per minute at 125 static pounds per square inch and 60 residual pounds per square inch and a twelve-inch diameter pipe) via the necessary additional pump to be reasonably approved by Bell/Sysco as to location. Ail of the foregoing shall be operational no later than February 1, 1997. The City (and, to the extent applicable, the County) agree to pay to Bell/Sysco, as an additional grant, an amount equal to all charges (i) for installation of water meters to serve the Facility including the proposed twelve-inch fire line, domestic line and irrigation meter and (ii) for connection or "tap-on" by Bell/Sysco to the water line for the construction described in Exhibit A. SECTION 6. Electric Service. The City shall assure electrical service to the Property at specifications no less than 6,000 amp 480/277 volt, 3 phase, 4 wire secondary service from pad to mounted transformers. The attached Exhibit E contains other elements of the electrical service to be provided to the Facility at no cost to Bell/Sysco. Ail of the above and referenced facilities shall be operational no later than February 1, 1997. Bell/Sysco shall be responsible for providing a concrete pad on which the City will locate the necessary electric transformer. SECTION 7. Natural Gas and Storm Sewer. The City and the County shall coordinate the providing of natural gas service (by Public Service Company of North Carolina, Inc., an independent company not affiliated with the City or the County but which has committed to provide such service) to the Property and the Facility at no less than 10,500 cubic feet per hour at a five pound per square inch secondary pressure at the rates and upon the rules and regulations approved by the North Carolina Utilities Commission. In addition, the City shall assure public stormwater service to the Property and the Facility sufficient to handle at least 2,350,000 gallons per hour. Bell/Sysco will provide to the City, at no cost to the City and at locations reasonably acceptable to the City and Bell/Sysco, any necessary storm water rights of way on the Property. The City will be responsible, at its cost, for obtaining any necessary off-site rights-of-way and all other costs relating to the stormwater facilities. The Memorandum dated May 22, 1996 attached hereto as Exhibit F includes more specific information concerning the stormwater facilities to be constructed by the City. Ail of the above-described facilities and service shall be operational no later than February 1, 1997. SECTION 8. Water/Sewer Rates. Ail water and sewer services to the Property will be charged at the rates charged to all water and sewer customers as established and amended by the Board of Aldermen from time to time. The current rates are attached hereto as Exhibit G. SECTION 9. Completion by Bell/Sysco. In the event that any improvements required to be made under this Agreement have not been completed by March 31, 1997, Bell/Sysco may (but shall not be obligated to) complete any or all such improvements after having given the party responsible therefore at least fifteen (15) days' prior written notice, and the party so responsible shall reimburse Bell/Sysco for all costs incurred to complete such improvements.