AG 2007 04 16 - Laserfiche WebLink

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"Reciprocal Agreement for Water & Sewer Connections and Related Matters dated May 8, 1995 between the Town of Harrisburg, NC and the County", "Agreement to Supply Treated Water dated May 8, 2005 between Harrisburg and the County", "Reciprocal Agreement for Water and Sewer Connections and Related Matters dated Jan. b, 1992 between Kannapolis and the County", "Agreement to Supply Treated Water dated Nov. 20, 1989 between Kannapolis and the County" {hereinafter the Harrisburg and Kannapolis Reciprocal Agreements}. The City shall continue to perform all obligations under the Harrisburg and Kannapolis Reciprocal Agreements that have been assigned to it. Only to the extent set forth in this Paragraph, the Town of Harrisburg and the City of Kannapolis are intended third party beneficiaries of this Agreement. 11. In addition to this Agreement, the contracts and agreements listed below shall remain in full force and effect through March 30, 2006. If in any case the agreements and contracts listed below conflict with this Agreement, then the terms of this Agreement shall take precedence. The City and County shall also endeavor to enter into a new Master Agreement replacing the contracts and agreements listed below and incorporating this Agreement by March 31, 2006. The agreements that are the subject of this Paragraph are as follows: (1) "Agreement for Construction of the `Harrisburg Loop' Water Line and Related Matters dated Jan. 22 1993 among the City of Concord, Harrisburg and the Water and Sewer District of Cabarrus County," (2) the 199 i Settlement Agreement, (3) "Reciprocal Agreement for Water and Sewer Connections and Related Matters dated Aug. 15, 1988 between City of Concord and Cabarrus County," as amended by the 1991 Settlement Agreement, (4)"Agreement to Construct and Maintain Water and Sewer Lines to that Area of Cabarrus County Commonly Known as `King's Grant' dated Nov. 30, 1990 between Cabarrus County and the City of Concord," (5) "Ground Lease Agreement between City of Concord and Cabarrus County dated Feb. 1, 1993," as amended by the "Modification to and Release from Ground Lease Agreement dated December lb, 1993," and consideration will be given to extending the term thereof by forty years to the year 2083, (b) "Agreement Relative to the Construction, Operation and Maintenance of a Water Supply Reservoir (`Coddle Creek') dated April 19, 1989 between the City of Concord and Cabarrus County," as amended by the 1991 Settlement Agreement, (7) "Agreement Relative to the Construction, Operation and Maintenance of an Airport, Nov. 30, 1990," (8) the 1995 Agreement, (9) the amendments to the 1991 Settlement Agreement dated December 19, 1991 and January 21, 1992. 12. All of the claims of the City, the County and the District that have been pleaded in the Lawsuits against one another that are not otherwise resolved by provisions of this Agreement shall be dismissed with prejudice at the time of and as a part of the entry of the Consent Judgment called for pursuant to Paragraph 1, above. 13. Each party to this Agreement shall bear its own costs, expenses and attorneys fees incurred in its prosecution and defense of the Lawsuits. 14. The parties understand and acknowledge that this Agreement represents a compromise of disputed claims and that neither this Agreement nor any provision contained herein shall be deemed to be an admission of liability or non-liability on the part of any party hereto. {,'s - I d.