Laserfiche WebLink
TERMS <br />1. DEFINITIONS. The following words and phrases used in this <br />Agreement, unless the context otherwise requires, shall have the meaning set forth below: <br />a) "Acquisition Costs" shall mean the County will reimburse the City <br />for its costs to acquire the necessary property rights. These costs include filing <br />fees and other court costs for any condemnation action required to obtain right of <br />way for the Pokeberry Trail Sewer Line, as well as the condemnation settlement <br />or award amount or the right of way purchase amount. However, these costs shall <br />not include any charges for the time of any member of the City's staff. <br />b) "Governmental Authorities" shall mean the City of Concord, The <br />Water and Sewer Authority of Cabarrus County ("WSACC"), the North Carolina <br />Department of Environment and Natural Resources ("DENR"), the State of North <br />Carolina, and any other governmental authorities having jurisdiction over the <br />extensions. <br />c) "Permits" shall mean all applications, petitions, permits, and <br />licenses that are necessary for or appropriate to the construction, installation, <br />ownership, operation, maintenance, repair, and replacement of the Pokeberry <br />Trail Sewer Line to be constructed by City pursuant to this Agreement. <br />To the extent capitalized words and phrases are not defined above, such words <br />and phrases shall have the meaning otherwise ascribed to them in this Agreement. <br />POKEBERRY TRAIL SEWER LINE. <br />a) The City shall obtain all rights of way and prepare engineering <br />plans and specifications for the Pokeberry Trail Sewer Line. The County shall <br />reimburse the City for the Acquisition Costs. The plans and specifications shall <br />be prepared in accordance with all currently established laws, ordinances, <br />regulations, and policies of the Governmental Authorities. <br />b) The City Engineer or her designee is hereby appointed by the City <br />to review the plans and specifications for the Pokeberry Trail Sewer Line, observe <br />and manage the construction thereof, promote communication between the City <br />and County, and to ensure compliance with all applicable laws. <br />c) The City shall apply for the Permits for the Pokeberry Trail Sewer <br />Line. The Permits shall name the City as owner and operator of this <br />improvement. In the event of any dispute between the City and NCDENR as to <br />the design and/or construction of the Pokeberry Trail Sewer Line, the stricter <br />standards will control. <br />Attachment number 1 <br />F-1 Page 48 <br />