AG 2007 05 21 - Laserfiche WebLink

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CABARRUSCOUNTY NORTH CAROLINA WATER DISTRIBUTION SYSTEM AGREEMENT THIS WATER DISTRIBUTION SYSTEM AGREEMENT (the "Agreement"), made effective this the _ day of February 2007, by and between CABARRUS COUNTY, a North Carolina (hereinafter referred to as "County"), and the CITY OF CONCORD, a North Carolina municipal corporation organized under the laws of the State ofNorth Carolina (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Cabarrus County has approximately $497,616.00 that it has collected as a result of the Northwest Cabamxs County Fee (the "Northwest Fee") which the County has required from developers for lots receiving water and sewer service in that portion of Cabarrus County known as the Northwest Area; and WHEREAS, the Northwest Fee was collected for the purpose of a Water and Sewer Capital Improvement Fund designated to provide grants for the extension of new lines or upgrading existing lines within the Northwest Area of the County; and WHEREAS, the County desires to fund [construct?]water distribution mains on Moss Drive, Sybbie Court, Dewitt Court and other unnamed private access drives; and WHERAS, the County wishes to contract with the City to construct a potable water line to serve the properties contiguous to Moss Drive, Sybbie Court, Dewitt Court and other unnamed private access drives. The City wishes to contract with the County for the same purposes; and WHEREAS, the County and City desires allow the City to use the remaining Northwest Area funds and apply them to the construction of the Poplar Trails Sand Filter Outfall; and WHEREAS, the County agrees to secure the right-of--ways and fund the construction of adequately sized water distribution mains in the Moss Drive area only in exchange for the City's agreement to prepare engineering plans and specifications for the improvements along with providing contract administration; and WHEREAS, the County agrees to apply the remaining balance of the fund to the construction of a new sanitary sewer Poplar Trails Sand Filter Outfall to serve the Poplar Trails subdivision.; and WHEREAS, the County and the City desire to enter into this Agreement as a prerequisite to the City's extension of utility services to the Moss Drive area and the Poplar Trails subdivision and approval of the extension with the improvements to the City's water distribution system and thereafter the ownership, operation, and maintenance of said water distribution system improvement. NOW THEREFORE, in consideration of the mutual agreements hereinafter set forth, -1- ~- is