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<br />Resolution <br />WHEREAS, the Cabarrus County Board of Commissioners desires to <br />sponsor the stream restoration of Cold Water Creek on the Cabarrus County <br />Elma C. Lomax Incubator Farm. The project will require removal of tree debris from the stream <br />channel and restoration of an eroding bank on Cold Water Creek. <br />NOW, THEREFORE, BE IT RESOLVED THAT: <br />1) The Board requests the State of North Carolina to provide financial assistance to Cabarrus <br />County for Cold Water Creek Stream Restoration in the amount of $75,865.00 or 20.57 <br />percent of project construction cost, whichever is the lesser amount; <br />2) The Board assumes full obligation for payment of the balance of project costs; <br />3) The Board will obtain all necessary State and Federal permits; <br />4) The Board will comply with all applicable laws governing the award of contracts and the <br />expenditure of public funds by local governments. <br />5) The Board will supervise construction of the project to assure compliance with permit <br />conditions and to assure safe and proper construction according to approved plans and <br />specifications; <br />6 The Board will obtain suitable s oil di <br />p sposal areas as needed and all other easements or <br />rights-of--way that may be necessary for the construction and operation of the project without <br />cost or obligation to the State; <br />7) The Board will assure that the project is open for use by the public on an equal basis with no <br />restrictions; <br />8) The Board will hold the State harmless from any damages that may result from the <br />construction, operation and maintenance of the project; <br />9) The Board accepts responsibility for the operation and maintenance of the completed project. <br />Adopted by the Cabarrus County Board of Commissioners this 17th day of August, 2009. <br />Kay Honeycutt <br />Clerk to the Board <br />c <br />H. Jay White, Sr., Chairman <br />Board of Commissioners <br />F-12 <br />Attachment number 1 <br />Page 205 of 315 <br />