BC 1984 11 05 - Laserfiche WebLink

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97 be accumulated, subject however to the obligation of the Board to provide water to its other customers, both within and without the corporate limits of the City of Concord, and with the understanding and agreement that the Board shall not be liable in damages for the failure to furnish a sufficient supply of water or the amount contracted for, or the quality of same, arising from an act of God or conditions beyond control of the Board, and the County will indemnify and save harmless the Board from any claim of the customers of the County arising from any such failure. 4. The Board agrees that it will consider reasonably any request to it from the County for an additional amount of water, if the same becomes necessary for the County. 5. The County will be responsible for the cost of installation, operation, and maintenance of all facilities in its water system without obligation therefor on the part of the Board and will be responsible for the billing and collection of charges at a rate established by the County. 6. The Board will bill the County on its regular billing cycle based on the master meter readings, and the County will pay said bills within twenty (20) days of receipt. Upon the failure of such payment the Board may discontinue supplying water upon five (5) days written notice to the County. 7. In the event areas which are served by the County with water would subsequently be annexed by the City of Concord the purchase of the County facilities within the area by the Board will be negotiated between the parties in the event the Board desires to purchase the same. 8. This agreement shall exist and continue for a period of five (5) years from date and shall automatically be renewed for successive terms of five (5) years, provided that either party may cancel this agreement after the lapse of the initial five (5) year term by giving the other party written notice at least five (5) years in advance of the effective date of cancellation. IN TESTIMONY WHEREOF, the parties have caused this instrument to be duly executed pursuant to authority duly given, the day and year first above written. ATTEST: /s/ Frankie F. Small Clerk CABARRUS COUNTY by: /s/ J. Harold Nash Chairman, Board of Commissioners PARTY OF THE FIRST PART ATTEST: /s/ Joanne C. Potts Clerk BOARD OF LIGHT AND WATER COMMISSIONERS OF THE CITY OF CONCORD by: /s/ Bernie A. Edwards Chairman PARTY OF THE SECOND PART (Note: Agreement approved by the County on September 19, 1983, and by the Board of Light and Water Commissioners on January 10, 1984.) UPON MOTION of Commissioner Payne, seconded by Commissioner Nash and unanimously carried, the Board agreed by resolution to notify The Water and Sewer District of Cabarrus County that the Water Agreement between Cabarrus County and The Water and Sewer District of Cabarrus County will be cancelled at the end of five years from the date of October 15, 1984. The Board indicated that it intends to continue to provide water to the Water and Sewer District of Cabarrus County under the terms of the contract to be worked out between Cabarrus County and the Board of Light and Water Commissioners of the City of Concord.