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CAPITAL CHARGES AGRFEMF.NT MODIFICATION BY AND BETWEEN CITY OF NORTH OLMSTED, OffiO AND CITY OF FAIRVIEW PARK, OffiO Pursuant to the authority granted in Ordinance No. 98- passed by the North Olmsted City Council on , 1998, and to the authority granted in Ordinance No. , passed by the Fairview Park City Council on , 19 , the City of North Olmsted, Ohio, and the City of Fairview Park, Ohio, by and thxough their duly authorized Mayors, hereby agree to modify their existing Capital Chazges Agreement dated January 1, 1991, (the "Capital Charges Agreement") as follows: WITNESSETH THE FOLLOWING MODIFICATION TO THE AGREEMENT OF 7ANUARY 1, 1991: The preamble to the Capital Charges Agreement is hereby revised by inserting the following text between paragraphs two and three on page 1: "vV7HE1tEAS, during the period of 1992 through 1994 North Olmsted constructed certain major wastewater disinfection capital improvements to the wastewater trea.tment plant serving North Olmsted, a portion of Olmsted Township and the Service Area.; and " +E , in 1993 North Olmsted constructed a new natural gas main and distribution system for the wastewater treatment plant serving North Olmsted, a portion of Olmsted Township and the Service Area.; and "WHEREAS, during the period of 1994 through 1995 North Olmsted constructed certain major wet stream, odor control, electrical distribution and process control capital improvements to the wastewater treatment plant serving North Olmsted, a portion of Olmsted Township and the Service Area (the 1993 State Issue 2 WWTP Improvements), which improvements were financed, in part, with proceeds of a low interest State Issue 2 loan provided by the State of Ohio; and "WHIItEAS, during the period of 1997 through 1998 North Olmsted constructed a new Northeast Interceptor to serrve North Olmsted and the Service Area (the 1996 State OWDA Sanitary Sewer System Improvements), financed, in part, with proceeds of a low interest