BC 1994 05 16 - Laserfiche WebLink

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112 WHEREAS, Concord and Cabarrus have agreed to complete the transfer of the operations facilities in accordance with this Agreement and the Settlement Agreement dated January 6, 1992, by and between Concord and Cabarrus; and WHEREAS, the complete transfer of the facilities is to be completed when the Environmental Protection Agency and the State of North Carolina Division of Environmental Management have agreed to transfer Grants, 04 and 05; and WHEREAS, the Environmental Protection Agency has been provided a package of information that would allow transfer but has subsequently requested clarification of certain information obtained in the Agreement. NOW, THEREFORE, it is hereby agreed that: (1) The Agreement is considered to be a lease of the Rocky River Regional Wastewater Treatment Plant and identified interceptors to the Authority for the operations and maintenance until such time the Environmental Protection Agency approves the original grant transfer at which time the facility will be transferred in title to the Authority. (2) Section 3 will be amended as follows: The Authority agrees to continue to provide waste treatment service to that same area as is served by the RRRWTP on the Effective Date. The present area served includes 100% of the designated 201 Planning Area which is the service area of WSACC. WSACC may expand but may not reduce the service area. (3) Section 6 will be amended as follows: Concord and Cabarrus agree to complete the transfer or lease of the Operating Facilities in accordance with that "Settlement Agreement" dated 3anuary 6, 1992, by and between Concord and Cabarrus, as amended, and title to all property, facilities, rights-of-way and infrastructures to the Authority upon approval of the transfer of the original Grants 04 and 05 by the Environmental Protection Agency. When the Environmental Protection Agency approves the transfer of the original Grants 04 and 05, transfer of facilities and infrastructures shall occur instead of lease. IN WITNESS WHEREOF, Concord has executed this Amendment No. 1 to the Interim Operation Agreement this day of , 1994 and Cabarrus County has executed this Amendment No. 1 to the Interim Operation Agreement this day of , 1994 and the Authority has executed this Amendment No. 1 to this Interim Operation Agreement this day of , 1994. ATTEST: City of Concord a Municipal Corporation By: George W. Liles, Mayor Vickie C. Weant, City Clerk Approved as to Form City Attorney This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director ATTEST: Cabarrus County, a Political Subdivision of the State of North Carolina By: Jeffrey Barnhart Chairperson, Board of Commissioners Frankie F. Bonds, Clerk Approved as to Form County Attorney This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.