BC 1992 12 21 - Laserfiche WebLink

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155 NOW, THEREFORE, in consideration of mutual benefit Concord, Kannapolis, Harrisburg, Mt. Pleasant and Cabarrus and the Authority do hereby agree as follows: AGREEMENT 1. Designated Management Planning Agency. It is agreed that the Authority be designated as the Management Planning Agency for the area and will act as lead agency for water and sewer planning purposes. 2. Certification of Operation. The Authority certifies that it will maintain and operate the treatment works in a manner to meet the enforceable requirements of the Clean Water Act including the NPDES Permit requirements for the design life of the treatment works. 3. Certification of Capability. The Authority being incorporated under G.S. 162-A has the legal and institutional capability to insure adequate operation and maintenance of the treatment works. In addition the Authority certifies that it has the managerial and financial capability to further insure adequate operation and maintenance of the treatment works and interceptors throughout the service area which consist primarily of Cabarrus County. 4. Compliance with Applicable Grant Conditions. The Authority agrees to comply with all conditions of the original grants issued under PL92-500 that are still applicable with respect to the RRRWWTP and interceptors constructed thereunder. 5. Continue Treating Wastewater. The Authority agrees to continue to provide treatment of all wastewater now being treated at the RRRWWTP by the City of Concord. 6. Request for Transfer. The Authority and Concord agree to formally request that the EPA transfer the original Grant from'the RRRW-WTP and interceptors from Concord to the Authority. It is further agreed that the EPA should consider this document as that formal request. 7. Execution of Novation Agreement. The Authority and Concord agree to execute a Novation Agreement which shall be prepared by the Environmental Protection Agency transferring the Grant to the Authority. 8. Term of the Agreement. This agreement shall be binding and in full force and effect from this effective date until the terms and conditions of all grants transferred to the Authority have been satisfied including the design life of the facilities. 9. Entire Agreement. Except as expressly set forth in this Agreement, there were no other prior or contemporaneous promises, covenants, representations, warranties, agreements or understandings (written or oral, or by course of dealing, course of performance or by usage of trade) which contradict, are inconsistent wi~h or which supplement the terms set forth herein. 10. Situs of Agreement. This agreement is entered into in the State of North Carolina and shall be construed and interpreted in accordance with the laws of the State of North Carolina. 11. Remedies and Limitations. The parties hereto shall execute all instruments and take all such actions as are required and appropriate to effectuate this Agreement and the express intention or purpose hereof. If any party should breach this Agreement, then the oth~er parties may, at their election or discretion, enforce their rights in a civil action (1) for specific performance or (b) for damages. Cancellation, termination or rescission of this Agreement shall not be a remedy for the party hereunder. If any party should elect to waive any right or claim arising under this Agreement, such waiver shall not be deemed a waiver of any other right or claim provided for herein. 12. Binding Obligation. The parties further represent and warrant that they have taken all actions and obtained all authorizations, consents, and approvals as are a condition precedent to their authority to execute this Agreement and that the Agreement constitutes a valid and binding obligation on their part. Furthermore, in the event that for any reason the conditions precedent to a party's authority to execute this Agreement have not been accomplished in accordance with statutory requirement so their requirements, then the parties agree that they will undertake whatever actions are necessary to fulfill the conditions precedent so that this Agreement will be binding on all parties. 15. Method of Amendment/Termination of Agreement. This Agreement may be amended, modified (in whole or in part) or terminated only by an agreement in writing executed in the same manner as this Agreement, and approved by a vote of the majority of the members of each of the respective governing boards of Concord, Kannapolis, Harrisburg, Mt. Pleasant, and Cabarrus and the Authority. 16. Costs. The Authority agrees to bear all costs, expenses, and attorneys' fees associated with this Agreement.