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HomeMy WebLinkAboutOther - 9/10/2007WASTEWATER SALES AGREEMENT ADDENDUM III RECITALS WHEREAS, the Parties entered into the Wastewater Sales Agreement on February 97, 2004 (hereinafter referred to as the "Agreement) and has heretofore executed 2 addendums to the Agreement; WHEREAS, the Agreement provides for a Phase 1 Volumetric Flow Limit of 2 mgd and permits the Authority to submit a written request to the Government Representative for an increase in the Volumetric Flow Limit; WHEREAS, on April 24, 2006, the Authority has requested in writing that the Government increase the Volumetric Flow Limit to the Phase 2 level of 3.5 mgd; WHEREAS, at the time of execution of the Agreement, the Authority had determined to design its facilities to utilize the Phase 1 Volumetric Flow Limit of 2 mgd; WHEREAS, since the execution of the Agreement, the Authority had identified additional needs which, through good business practice, requires that the Authority design its utility facilities to utilize the Phase 2 Volumetric Flow Limit of 3.5 mgd; WHEREAS, the potential users of additional capacity provided by the Phase 2 Volumetric Flow Limit include, but are not limited to, the City of Jacksonville (1 mgd), the Town of Swansboro (1 mgd), Hunters Creek (about 900 residential connections), other incorporated areas of Piney Green, and substantially more interest for sewer capacity from developers; WHEREAS, the cost of designing the Authority's facilities to utilize the Phase 2 Volumetric Flow Limit is substantial and the Authority has determined that it would be potentially wasteful to so design its facilities unless it is assured that the Phase 2 Volumetric Flow Limit is available; WHEREAS, as required by paragraph 2 (e) and Exhibit A of the Agreement, the Government has determined that the Phase 2 volumetric flow capacity of 3.5 mgd is available, that such service is not available to the Authority from another local source, that the sale of such service is in the public interest, such additional service shall comply with all applicable federal, state and local laws and regulations pertaining thereto and that the Authority is fully in compliance with the terms and conditions of the Agreement. r' 0 - - .n. NOW, THEREFORE, the parties agree as follows: 1. PROVISION OF UTILITY SERVICES (a) Description. The Government shall from the effective date of this addendum provide the Authority 3.5 million gallons per day of sanitary sewage disposal and treatment services for wastewater .affluent. Connection to the Governmentsystem shall be in accordance with the provisions noted in Addendum II to the Wastewater Sales Agreement. (b) Effective Date. This addendum shall become effective on the date of its full execution by both parties hereto. FOR THE PARTIES: Date: For the Government: Marine Corps Base, Camp Lejeune Date: For the Author Marvin Trott Chairman Onslow Water and Sewer Authority APPROVED AS TO FORM BY: L,,17 Z- t Date: -'- /e - 0 William O. 1 Lyndfi