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AG 2004 06 15
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AG 2004 06 15
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Last modified
3/9/2006 9:19:52 PM
Creation date
11/27/2017 11:38:11 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/15/2004
Board
Board of Commissioners
Meeting Type
Regular
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law and authorized by the Pitts VFD Board of Directors, shall be <br />contributed to Concord and the County jointly for the <br />construction of the dormitory, facility contemplated in this <br />Agreement. <br /> 16. Pitts Fire Tax. Upon execution of this Agreement by <br />the parties herein, the County and Pitts VFD shall promptly cease <br />to levy a fire district tax on the area of the Pitts VFD fire tax <br />district. Those portions of the present Pitts VFD fire tax <br />district which are in unincorporated areas north of Interstate 85 <br />may be subject to a future fire tax district tax at such time as <br />those areas become a part of another VFD fire tax district. <br /> 17. Outstanding Debt. Concord shall assume the outstanding <br />debt of Pitts VFD. If for any reason, Concord is unable to <br />assume'the outstanding debt of Pitts VFD, then Concord shall <br />agree to pay off such debt or reschedule it in such a way that <br />Pitts VFD shall ho.longer be obligated on the debt or any portion <br />of it. <br /> 18. Standing to Enforce Agreement. Because it is <br /> contemplated that Pitts VFD shall not exist as an entity long <br /> after the execution of this Agreement, and because other <br /> obligations of this Agreement accrue to the benefit of persons or <br /> entities who are not parties to this Agreement, the parties agree <br /> that either Concord or the County, as may be appropriate, shall <br /> have standing to enforce the obligations set forth in this <br /> Agreement on behalf of themselves or others. Further, either <br /> Concord or the County may confer standing on any aggrieved <br /> person(s) or entity by joining such aggrieved person(s) or entity <br /> in an action for enforcement of the obligations set forth herein. <br /> 19. North Carolina Law. This Agreement shall be <br /> interpreted and determined under the laws of the State of North <br /> Carolina. If any provision of this Agreement is determined to be <br /> contrary to the laws of the State of North Carolina or the United <br /> States of America, then such provision shall be considered null <br /> and void, but the remainder of the provisions of the Agreement <br /> shall remain in full force and effect. <br /> 20. Venue. The parties agree that the District Civil <br /> Courts for Cabarrus County, North Carolina shall be the <br /> appropriate venue for any litigation of any dispute arising <br /> between the parties under this Agreement, or any other dispute <br /> for enforcement of the obligations set forth in this Agreement, <br /> unless Concord and the County agree upon another venue. <br /> 21. Warranties. The parties to this Agreement each warrant <br /> and represent that execution of this Agreement and full <br /> performance of its own obligations hereunder are fully authorized <br /> by law; and each has complied or will comply with all procedures <br /> necessary to render its execution of this Agreement and the <br /> performance of its obligations hereunder as valid, legal and <br /> binding acts of each of the parties respectively. <br /> <br /> <br />
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