1989-169 - Laserfiche WebLink

Home Browse Search

3. DESCRIPTIQN OF SEWAGE TREATMENT PLANT. The utility system consists of sewage treatment facilities to collect, treat and dispose of. 210,000 G.P.D. throughout the utility system, as specifically set forth in Exhibit "A", Item V. The sewage treatment plant is presently engineered to treat 500,000 G.P.D.; however, operation capacity is limited to 210,000 G.P.D. COUNTY agrees to expand the sewage treament and disposal capacity of the sewer system in such amounts and at such times to insure that capacity will be available to developers when needed pursuant to the Agreements set forth in Exhibit "B" hereto. 4. AGREEMENT OF PURL SE CLOSING DATE. The COUNTY shall purchase from the UTILITY, and the UTILITY shall sell to the COUNTY, the system, less the excluded assets, pursuant to the terms of this Agreement, with a closing to be held not later than September 30, 1989. If closing does not take place by this date through no fault of UTILITY, UTILITY has the option of declaring the contract terminated. 5. PURCHASE PRICE. The purchase price shall be $1,596,831.40, to be paid in CASH AT CLOSING, ready funds. The obligation of the COUNTY to proceed with closing is subject to the ability of COUNTY to finance and pay the purchase price and costs of the closing and of the costs of such financing. The COUNTY will use due diligence and best efforts to finance the purchase. The COUNTY intends to use certain revenues of the system, including a surcharge in excess of the present COUNTY sewer rate, on all customers of the system located within the boundaries of the present franchise area as a source of funds to finance the purchase of the system. The COUNTY acknowledges that the present plant capacity charge for the system equals $1400.00 per ERC. UTILITY acknowledges that whether or not a customer has paid the plant capacity charge to UTILITY shall not affect the customers obligation to pay additional COUNTY impact fee(s). The surcharge will not exceed $13 per base facility charge per month. CONDITION OF SYSTEM AT CLOSING. CONSTRUCTION IN PROGRESS. The condition of the system purchased by the COUNTY at the closing date will be good, reasonable wear and tear excepted. The COUNTY shall have fifteen (15) days after the execution of this Agreement to inspect the same, and within five (5) days thereafter, shall advise UTILITY in writing of any claimed deficiencies, setting forth what COUNTY believes to be the cost of correcting each claimed deficiency. UTILITY shall have ten (10) days after receiving the written advice of the claimed deficienices to either (a) perform the work required to correct the claimed deficiency, (b) allow COUNTY a credit against the amount to be paid to UTILITY at closing on the purchase price, (c) contest if and to what extent said deficiency exists and/or COUNTY's estimate to correct same, in which situation, the contest shall be resolved by engineers for COUNTY and UTILITY, or (d) have the option of declaring the contract terminated, if the cost of correcting exceeds $80,000.00. If said two engineers cannot resolve the dispute, they shall select a third engineer, and the matter will be resolved by a majority of the three engineers. The decision of the engineers shall, in every instance, be based upon and be within the context of the representations of the UTILITY contained in the first sentence of this paragraph. COUNTY shall satisfy itself as to the condition of all assets to be