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EXIMIT "A" <br />FIRST AMENDMENT TO <br />CAPITAL CHARGES AGREEMENT <br />BY AND BETWEEN <br />CITY OF NORTH OLMSTED, OHIO <br />AND <br />CITY OF FAIRVIEW PARK, OHIO <br />THIS FIRST AMENDMENT to the Capital Cha.rges Agreement, entered into by and <br />between the City of North Olmsted, Ohio, an Ohio municipal corporation, that owns and operates <br />a Sanitary Sewer System, and the City of Fairview Park, Ohio, an Ohio municipal corporation, a <br />portion of the territory of which benefits from the operation of the said Sanitary Sewer System: <br />WHEREAS, the City of North Olmsted (the "City") owns and operates a sanitary sewer <br />system (the "Sanitary Sewer System,") which includes a collection system, lift stations, a wastewater <br />treatment plant and appurtenances, which system presently has the capacity to collect and treat certain <br />wastewater originating outside the City's corporate boundaries; and <br />WHEREAS, the City previously entered into an agreement with the City of Fairview Park, <br />Ohio establishing the Ward Five Sewer District, as heretofore or hereinafter enlarged or otherwise <br />reconstituted (the "Fairview Park Service Area"), pursuant to Chapter 6117, Ohio Revised Code, for <br />the purpose of preserving and promoting the public health and welfare, and <br />WHEREAS, the City, pursuant to Ordinance No. 91-47, previously entered into an <br />agreement (the "Capital Charges Agreement") with the City of Fairview Park providing for Fairview <br />Park to pay to the City certain capital charges for capital improvement made to the North Olmsted <br />Sanitary Sewer System which benefited the Fairview Park Service Area, which agreement remains <br />in effect; and <br />WHEREAS, the Capital Charges Agreement includes provisions for assessing debt service <br />charges to the Fairview Park Service Area for debt incurred by the City during the period 1970 <br />through 1986 to construct certain capacity and treatment capability capital improvements to the <br />Sanitary Sewer System's wastewater treatment plant, which benefits the Fairview Park Service Area; <br />and <br />WHEREAS, as of January 1, 1991, the Sanitary Sewer System was able to transport and treat <br />only the annual average and daily maximum flows from the Service Area as agreed to by the City and <br />the Village of Parkview on Apri13, 1962; and <br />WHEREAS, during the period 1992 through 1997, the City borrowed monies to construct <br />five capital improvements to joint use facilities of the Sanitary Sewer System (described in the five <br />