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.._.?.. .vw._,?.?,?....??..y..... <br />i <br />treatment plant and for the use of that plant to treat wastewater from the <br />Service Area, dated April 3, 1962, a copy of which agreement is attached as <br />Exliibit B(the "Prior Agreement"), consistent with the determination of <br />Parkview to contract with North Olmsted for those services and the deter- <br />mination by North Olmsted to provide those services; and <br />WfIEREAS, during the period from 1984 through 1986 North Olmsted <br />constructed certain major capital improvements to the wastewater treatment <br />plant and collection system serving North Olmsted, a portion of Olmsted <br />Township and the Service Area (the "Construction Project"), which improvements <br />were financed, in part, with proceeds of a grant provided by the U.S. Environ- <br />mental Protection Agency ("USEPA"); and <br />WHEREAS, due to conditions and requirements set forth in the grant <br />agreement with USEPA and other relevant considerations, North Olmsted and <br />Fairview Park find it necessary and appropriate to enter into this Agreement <br />to supersede in part the Prior Agreement as of the date hereof and thereby to <br />set forth their respective rights and obligations with respect to the opera- <br />tion and maintenance of (i) the North Olmsted Sanitary Sewer System presently <br />used, and hereafter to be used, jointly by North Olmsted and Fairview Park and <br />(ii) the Fairview Park sanitary sewers within the Service Area tributary to <br />the North Olmsted Sanitary Sewer System, it being mutually understood and <br />agreed bq North Olmsted and Fairview Park that they will enter into separate <br />agreement providing for the sharing of local capital costs of the Construction <br />Project and certain other prior improvements to the North Olmsted Sanitary <br />Sewer System beneficial to the Service Area; and <br />WHEREAS, North Olmsted and Fairview Park, being authorized by Article <br />XVIII of the Ohio Constitution, are fully empowered to enter into this Agree- <br />ment; <br />- 2 -