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2004 - 07-21-04 Regular Meeting
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2004 - 07-21-04 Regular Meeting
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1/13/2011 2:48:59 PM
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Minutes
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Board of Commissioners
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BOOK 19 P�AGF 9 <br />STATE OF NORTH CAROLINA <br />COUNTY OF LEE <br />INTERIM OPERATIONS AND MAINTENANCE AGREEMENT <br />THIS AGREEMENT made and entered into this day of July 2004, by <br />and between LEE COUNTY (hereinafter referred to as "County "), LEE COUNTY <br />WATER AND SEWER DISTRICT No. I (hereinafter referred to as "District "), and the <br />CITY OF SANFORD ( herinafter referred to as "City ".) <br />WITNESSET11: <br />WHEREAS, the City has placed the County and District on notice that the <br />Operation and Maintenance Agreements dated August 20; 1996, between the City and <br />District and the City and County shall expire and the City will cease maintenance of the <br />County and District water lines on or before August 20, 2004; and <br />WHEREAS, the city intends to submit an offer to purchase the County and <br />District water system provided that the City can secure appropriate financing terms and <br />approval from the Local Government Commission; and <br />WHEREAS, to facilitate operation and maintenance of the water system during <br />the interim period, the parties hereto desire to set forth their rights and obligations to <br />continue maintenance and operation of the water system until June 30, 2005, or until <br />purchase and transfer of the system is complete, whichever comes first. <br />NOW, THEREFORE, for and in consideration of the delay in enforcement <br />actions for the claims of each party against the other, and in consideration of continued <br />good faith efforts to negotiate resolution of issues between the parties, the parties hereto <br />agree as follows: <br />I. Under the existing Operation and Maintenance Agreements dated August 20, <br />1996, the City will continue to maintain the County and District water system <br />until June 30, 2005, or until purchase and transfer of the water system is <br />complete, whichever comes first, for the amount of $1.89 per thousand <br />gallons of water. <br />2. In the event the State of North Carolina issues separate ID numbers for <br />distinct portions of the County and District water lines, the District and <br />County agree to perform the additional testing required. It is anticipated that <br />these changes will result in the need for additional tests to be performed, <br />additional fees to be paid to the state, additional chemicals, manpower and <br />supplies will be needed to satisfy the additional state requirements. <br />
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