BC 1980 04 14 - Laserfiche WebLink

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387 The Board of Commissioners for the County of Cabarrus met in regular session at the C 80 at 9:30 A.M. Present - Chairman: Troy R. Cook Commissioners: Ralph C. Bonds Marcelle Milloway James W. Lentz J. Ray Allen The invocation was given by the Reverend Larry E. Irvin, Sr., of the First Foursquare Church. There being no additions or corrections to the minutes of March 10, 1980, they were approved as written. UPON MOTION of Commissioner Lentz, seconded by Commissioner Bonds and unanimously carried, the Board moved to approve the following First Amendment to Sewer Line Agreement between Cabarrus County, the Board of Light and Water Commissioners for the City of Concord, and Philip Morris Incorporated and to adopt the following Sewer Line Easement granted by Cabarrus County to Philip Morris Incorporated. NORTH CAROLINA ) ) CABARRUS COUNTY ) FIRST AMENDMENT TO SEWER LINE AGREEMENT THIS FIRST AMENDMENT TO SEWER LINE AGREEMENT, made and entered into as of the day of , 1980 by and between CABARRUS COUNTY, a political subdivision of the State of North Carolina (hereinafter referred to as the "County"), the BOARD OF LIGHT AND WATER COMMISSIONERS FOR THE CITY OF CONCORD, Concord, North Carolina (hereinafter referred to as the "Board") and PHILIP MORRIS INCORPORATED, a Virginia Corporation (hereinafter referred to as the "Industry"); STATEMENT OF PURPOSE The County, the Board and the Industry have previously executed a Sewer Line Agreement dated , 19___ (the "Agreement"). The purpose df the Sewer Line Agreement is to provide adequate sewage disposal facilities for the Industry's manufacturing plant and other related storage and training facilities. During the process of planning the sewage facilities, the parties determined that it would be beneficial to have the Industry maintain the entire length of the new sewer connector line from the plant and related facilities up to the point of connection with a certain presently existing sewer line located near the County Public Health Building. Since the Agreement provided that the Board would operate and maintain the new sewer connector line between the Industry's property and the existing sewer line on the County's property, the parties desire by this Amendment to alter the responsibilities for maintenance between the Industry and the Board. THEREFORE, in consideration of the above-stated premises and the mutual covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree to modify and amend the Agreement as follows: 1. Amendment to Section 1. The second sentence of the second paragraph of Section 1 entitled "Right to Use of Sewer Line" is hereby amended to read as follows: "Industry has agreed to fund the engineering and construction of the sewer connector line and to operate and maintain the sewer connector line after it is installed; the Board has agreed to assist in obtaining the necessary rights- of-way for the sewer connector line." 2. Amendment to Section 2. The second sentence of the first paragraph of Section 2 entitled "Rules for Use of Lines" is hereby amended to read as follows: "The use of both the existing sewer line and the sewer connector line shall be governed by the regular rules of the Board." 3. Amendment to Section 4. The first and last sentences of Section 4 entitled "Operation of Line" are hereby amended to read, respectively, as follows: "The Industry shall operate and maintain the sewer connector line once it is fully installed and inspected, and the Board shall continue to operate and maintain the existing sewer line." (and) "The Board shall make a diligent and good faith continuing effort to maintain the existing sewer line so that both the County and the Industry shall have a continuing source of adequate sewage discharge facilities."