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WHEREAS, the Operating Agreement superseded the Prior Agreement as it <br />related to user charges for operation, maintenance and replacement and to <br />other matters that are the subject of the Operating Agreement; and <br />WHEREAS, in the Operating Agreement, North Olmsted and Fairview Park <br />set forth their respective rights and obligations with respect to the <br />operation and maintenance of. (i) the North Olmsted Sanitary Sewer System <br />presently used, and hereafter to be used, jointly by North Olmsted and <br />Fairview Park and (ii) t}~e Fairview Park sanitary sewers within the Service <br />Area tributary to the Nortli Olmsted Sanitary Sewer System; and <br />WIiEREAS, iti the Operating Agreement, North Olmsted and Fairview Park <br />further agreed to enter into a separate agreement providing for the sharing of <br />costs of certain prior capital improvements to the North Olmsted Sanitary <br />Sewer System which benefit the Service Area; and <br />WHEREAS, North Olmsted and Fairview Park find it necessary and appro- <br />priate to enter into this Capital Agreement in accordance with the Operating <br />Agreement as of the date hereof and thereby to set forth their respective <br />rights and obligations with respect to the sharing of costs of certair, prior <br />capital improvements to the North Olmsted Sanitary Sewer System which benefit <br />tl~e Service Area, it being mutually understood and agreed by North Olmsted and <br />Fairview Park that they will enter into a separate agreement, or a supplement <br />to the Operating Agreement or this Capital Agreement, in the event of any <br />future extraordinary capital replacements and other future capital <br />improvements to any portion of the North Olmsted Sanitary Sewer System which <br />benefit the Service Area in accordance with subsections 1.06 and 4.03 of the <br />Operating Agreement; and <br />- 2 - <br />