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96-043 Resolution
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96-043 Resolution
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1/28/2014 10:10:44 AM
Creation date
1/17/2014 10:33:10 AM
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North Olmsted Legislation
Legislation Number
96-043
Legislation Date
4/3/1996
Year
1996
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? ...?. <br />r. _ <br />'99'TRU'14;20 `a.....? .µ.?._? # n <br />- - , ? M" - OU00000non.?'' <br />ARTICLE 'V - Mr'UNTI?NANCE, OPERATIQN, INSTJRAr1CE Al?Tp CONDEMNATION <br />Seciic ?i 5.1, The F?orrower agrees that during the Contrect Period of Years it wilI: <br />(a) Operate the Project Facilities in compliance with a11 applicable federat, state and loc?l <br />environmental laws Fnd rey7ulations in effect during such period, and <br />(b) ICc;ep the, Proj(-,ct Facilities inctuding ati appurtenancess thereta and the equipment and <br />machinery ther.qn in c?ood rr,pair and good operating condition at its own cost so that the complete3 <br />Project Facil:'ies w:tl cor_tinue to operate with svbstatttially the same efficiency as when first <br />constructed. <br />The Bl: rrcwe• shall have the privilege of making additions, modifications and improvements <br />to, making de:!etions from and discontinuing the use or operation of all or any part of, the Project <br />Site and the Project Faclities from time to time; provided, that ths cost of any additions, <br />modifications -and improve:ments shF.11 be paid by the Borrower, and the same shall be thc property <br />of the Bolrower artd te inctuded under the terms of this Agreement as part of the Project Site or the <br />Project Facili'::es, ass the case may be; and provided further that the Borrower shall make no <br />modification to, make azry ddetion from or discontinue the use or operation of atl or any part of, the <br />Project Site or the .Projec-t Facili6;s, the result of which woa".d bc a material decrea.se in the <br />D:dicated Rep iymer_t Source witho:at ftrst obtaining the writtea consent of the State thereto. <br />Sectior. 5.2. The Borrower ayrees that it witl initiate operation of the Project Facilities in <br />accordance wi,.'1 the P.-oject Schedute, as amended, and will not discontinue operation of the Project <br />F4cilities without the apprcval of the Director, The Borrower agrees th-tt it will provide adequate <br />operation and maim enance of the Project Facilities to comply with all applicable rules anc] <br />regulations of the Dii-ector. Tha Borrower agrees that, in accordance with its NPpES permit and <br />th? Operation and IV'?aintenanee Pregram sufficient qualified operating personnei certified by the <br />State of Ohio will be retained by the Borrower to operate the Project Facilities, and all operationa? <br />tests and me&:uremE.nts necessary to deternvne compliance with the preceding sentence will be <br />performed to -Als4re -)roper and efficicnt operation and maintenance of tLie Project Facilities from <br />the time of Ini ::ation of Opc:ration utitil the end of the Contract Period of Year's or the approval of <br />the discontinusince of'the o2eration of the Project Facilities by the Director. The Project Facilities <br />shall be operaw:i and r.taintained in accordance yvith the sewer use ordinance or resoiution governing <br />the use of th: Proj(-ct Facilities and any administrative regulations adopted pursuant thereto <br />acceptabie to t;::e Dirtctor a s appropriate. <br />'I'he Bc; rrowe.c will permit the State or its designated representatives to have access to the <br />records of the Ft :)rrow ;r pertaining to the operation and maintenance of th -. Proj ect Facilities at any <br />reasonable tim,: folfowing c:)mpletion of construction of the Project Facilities. <br />Section 5.3. T'ze Barrower agrees to insure, or cause to be insured, the Project Facilities in <br />such amounts as simi".ar properties are usually insured by political subdivisions similariy situated, <br />against toss or dama,3e of the kinds usually insured against by politicat subdivisions similazly <br />12
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