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2004 - 08-23-04 Regular Meeting
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2004 - 08-23-04 Regular Meeting
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Minutes
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Board of Commissioners
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BOOK 19 PAGE 998 <br />STATE OF NORTH CAROLINA <br />COUNTY OF LEE <br />INTERIM OPERATIONS AND MAINTENANCE AGREEMENT <br />r� <br />THIS AGREEMENT made and entered into this � day of August 2004, <br />by and between LEE COUNTY (hereinafter referred to as "County "), LEE COUNTY <br />WATER AND SEWER DISTRICT No. 1 (hereinafter referred to as "District'), and the <br />CITY OF SANFORD ( herinafter referred to as "City "). <br />WITNESSETH: <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 October 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 />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 and pay the cost associated with the additional <br />testing. It is anticipated that these changes will result in the need for <br />additional tests to be performed, additional fees to be paid to the state, <br />additional chemicals, manpower and supplies will be needed to satisfy the <br />additional state requirements. <br />
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