BC 1995 09 05 - Laserfiche WebLink

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o 532 the contractor directly and, by notice to the contractor, the County may instruct the contractor that WSACC will act as agent for the County in all warranty matters. The County shall maintain property damage insurance on the MCWWTP until such time as the transfer described in paragraph 1. above is complete and shall pay for replacement of any structure or equipment lost or damaged until the transfer described in paragraph 1. above is complete. WSACC agrees to operate and maintain the MCWWTP at the same high level of performance that has been demonstrated at the RRRWWTP and other facilities operated by WSACC. In connection therewith, WSACC and the County will cooperate to have WSACC named as the permittee for any permit required for the operation and maintenance of the MCWWTP, and WSACC will be responsible and liable for compliance with all permits limits and conditions as well as other State of North Carolina and federal laws and regulations which relate to the operation and maintenance of the MCWWTP. WSACC will also satisfy the CountyVs obligations with respect to the operation and maintenance of the MCWWTP under the Installment Purchase Contract. In addition, WSACC will not take any action, or fail to take any action, if such action or failure to take action would adversely affect the exclusion from gross income of the interest components of the Installment Payments under Section 103 of the Internal Revenue Code of 1986, as amended. The County and the City of Concord have consolidated their applicable utility departments under the City of Concord. Therefore, WSACC shall bill the City of Concord for all wastewater treatment services provided by the MCWWTP to retail users. The City of Concord will bill retail users and collect the related revenues in accordance with agreements with the County. In keeping with WSACCVs practice of charging the same rates and charges to each jurisdiction based upon usage as determined by metered wastewater flow, the costs for operation and maintenance for both the RRRWWTP and the MCWWTP will be combined for determining a schedule of rates and charges to be billed to each jurisdiction to provide the revenue needed to pay the operating and maintenance costs of both the RRRWWTP and the MCWWTP beginning in the fiscal year ending June 30, 1997. In the fiscal year ending June 30, 1996, the County will (a) contribute towards payment of the costs of operating and maintaining the MCWWTP by paying to WSACC on or before the 15th day of each month the amount of $3,960.00 (which is one-twelfth (1/12) of the annual estimated costs of operating and maintaining the MCWWTP of $47,514.00) for every month or part thereof that the MCWWTP is in operation and (b) contribute towards the payment of start-up costs of the MCWWTP by paying to WSACC by September 1, 1995 an additional amount of $3,960.00. WSACC agrees to keep and to provide to the County upon its request separate and complete financial records of the costs of operating and maintaining the MCWWTP. The County will also pay Installment Payments and any additional payments payable to the Bank under the Installment Purchase Contract until its obligation to make such payments is terminated as described in Paragraph 1 of this Agreement.