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r? <br />State OWDA loan provided by the State of Ohio; and <br />NOW THE.REFORE, the parties recognizing and acknowledging the sufficiency of the <br />consideration which supports the modifications to the existing Capital Charges Agreement <br />agree to the following modifications to the Capital Chuges Agreement: <br />2.02 Toin_t Ucp FacLrties Debt <br />Subsection 2.02 is revised by adding thereto additional paragraphs (c), (d), and (e) as follows: <br />(c) Rb of the $ loan under an agreement dated , <br />1992 loan being the loan from the to North Olmsted contracted for the <br />purpose of providing funds to pay costs of constructing improvements to the disinfection unit <br />process of the Joint Use Facilities; and <br />(d) <br />% of the $ State Issue 2 loan under an agreement dateti <br />, 1993 (the 1993 State Issue 2) loan being loan from the <br />to North Olmsted contracted for the purpose of providing funds to pay costs of constructing <br />improvements to the aeration unit process and process control, odor control processes and <br />electrical distribution of the Joint Use Facilities; and <br />(e) % of the $ state OWDA loan under an agreement dated <br />, 1996 ('The 1996 State OWDA) loan being the loan from the <br />to North Olmsted contracted for the purpose of providing funds to pay <br />costs of constructing improvements to the Sanitary System of the 7oint Use Facilities. <br />3.03 C 1c ilation of Semianniiskl Ganital Charge <br />Paragraphs (c) and (d) of subseetion 3.03 are revised, and, in their entirety, shall read as follows: <br />(c) "Joint Use Percentage" means the percentage of that bond issue or loan abligation <br />relating to Joint Use Facilities, being 94.7342 9o with respect to the 1485 bonds, 68.09% with <br />respect to the 1970 OWDA loan, % with respect to the 1992 loan, % with <br />respect to the 1993 Sta.te Issue 2 loan; and % with respect to the 1996 State OWDA <br />loan; <br />(d) "Service Area Daily Flow" means the average daily flow of wastewater from the <br />Service Area to the North Olmsted Sanitary Sewer System during 1995; "Total Design Capacity" <br />means the current total design capacity for daily flow of the wastewater treatment plant of the <br />North Olmsted Sanitary Sewer System; and the ratio of the Service Area Daily Flow ( <br />gallons per day) to the Totai Design Ca.pacity (7,000,000 gallons per day) equals % • <br />4.03 c'A1 »lation of Smianntlal CBDi Al h rge <br />"Appendix I" attached to the January 1, 1991 Capital Charges Agreement shall be removed and <br />?, ,. <br />t _ : -,-, n_ .,v? I I I ? - G11- . 1