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NORTH CAROLINA <br /> <br />CABARRUS COUNTY <br /> <br />AMENDMENT NO. 1 <br /> TO <br /> <br /> WHEREAS, the CITY OF CONCORD, a municipal corporation (hereinafter <br />referred to as 'Concord'); and CABARRUS COUNT~, a political subdivision <br />of the State of North Carolina (hereinafter referred to as 'Cabarrue <br />County') have entered into an agreement entitled Settlement Agreement; <br />and <br /> <br /> WHEREAS, Section 13 of the Settlement Agreement provides that such <br />may be amended and modified, in whole ~r in par~, only by an agreement <br />in writing executed in the same manner as said Agreement. <br /> <br />NOW, THEREFORE, it is hereby agreed that: <br /> <br />(1) Section 6 paragraph 2 of the Settlement Agreement is hereby <br /> amended to read as follows: <br /> <br />All operational expenses and costs incurred in the ordinary <br />course shall be paid current through the effective date of <br />such leases by the party or parties incurring same, and the <br />debt service on the outstanding general obligation or revenue <br />bond, note or like obligations assumed by the Authority on the <br />effective date of such leases shall be no greater than the <br />debt service which exists on the effective date of this <br />Agreement. <br /> <br />(2) Section 9 of the Settlement Agreement is hereby amended to <br /> read as follows: <br /> <br />Within the time set forth in Paragraph 2 of this Agreement, <br />for and in consideration of the receipt of the sum set forth <br />in Paragraph 2(e) from Concord and the amendment to the <br />Treated Water Agreement set forth in Paragraph l0 hereinafter <br />and the mutual covenants and agreements set forth herein, the <br />Board of Commissioners of Cabarrus County, acting as the <br />governing body of the District, shall transfer to Concord all <br />of the District's right, title and interest in and to the <br />District's water system lin~s within the subdivisions known as <br />Old South and Carolando (the 'Water Lines'), of which the <br />construction cost was approximately Eight Hundred Potty-Four <br />Thousand Nine Hundred and Ninety and 15/100 Dollars <br />($844,990.15) of a total project cost of approximately Ten <br /> <br /> <br />