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I <br />JAN 18 1984 <br />Mr. Aiello reiterated that he did not know the exact <br />date and was not sure if that agreement was at the same time <br />as the other. <br />Intervener White noted that it certainly was prior to <br />the hearing on the franchise being transferred, and Mr. <br />Aiello pointed out that it was not dated and he felt this <br />was an assumption. <br />Intervener White then asked if there was a disclosure <br />to the Commission in July of 1981 about plans to move the <br />plant. <br />Mr. Aiello did not understand the question, and <br />Intervener White stated that there was a disclosure of plans <br />to move the plant, but there was no disclosure that The <br />Moorings was requiring them to move the plant and that they <br />had no right to keep it at that location. Mr. Aiello stated <br />that he was not sure what their intent was at that time and <br />felt that Intervener White was making an assumption. <br />Intervener White submitted Intervener's Exhibit #5 - <br />Agreement dated February 25, 1983, between The Moorings <br />Development Company, Inc., and Hutchinson Utilities, Inc. <br />Intervener White asked Mr. Aiello whether this <br />agreement was not dated about 1�2- years after Hutchinson <br />received their franchise and whether it provides that they <br />are getting a bill of sale for the underground facilities <br />and the treatment plant. <br />Attorney Micale suggested that Mr. White inform the <br />Commission that it is clear the purpose of the said agree- <br />ment was to effectuate the rights and obligations of the <br />parties contained in the Letter of Intent he referred to. <br />Intervener White continued to discuss the document, <br />noting that one of the provisions was that no later than <br />1/31/84 Hutchinson Utilities shall remove the treatment <br />plant, and all related facilities, including the St. <br />39 <br />