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557 <br /> <br />The bid for the Landfill compactor was as follows. <br /> <br /> Name of Bidder <br />E. F. Craven Company <br /> <br />Bid Bond <br /> <br />X <br /> <br /> Bid Amount <br />$152,573.00 (Straight Sale) <br />$134,973.00 (With Trade-In) <br /> <br /> UPON MOTION of Commissioner Lentz, seconded by Commissioner Payne and <br />unanimously carried, the Board authorized the County Manager to negotiate <br />the purchase of the compactor with E. F. Craven Company with funds in the <br />amount of $131,000 which had been budgeted for the purchase of the landfill <br />compactor during 1981-82. <br /> UPON MOTION of Commissioner Payne, seconded by Commissioner Nash and <br />unanimously carried, the Board authorized Chairman Bonds to sign the following <br />agreement. <br /> <br />NORTH CAROLINA <br /> <br />CABARRUS COUNTY <br /> <br />AGREEMENT <br /> <br /> THIS AGREEMENT, made and entered into this 7th day of July, 1981, by <br />and between PHILIP MORRIS INCORPORATED, a Virginia Corporation (hereinafter <br />referred to as "Industry"), and CABARRUS COUNTY, a political subdivision of <br />the State of North Carclina (hereinafter referred to as "County"); <br /> WITNES SETH : - <br /> That County has heretofore granted to Industry a sewer line right of <br />way dated November 13, 1980, and Industry, pursuant to said right of way, has <br />constructed a sewer line and County desires to use said line as a means of <br />disposing its waste from its County Service Garage which is being constructed <br />east of Union Cemetery Road and Industry desires to allow County to use its <br />sewer line; <br /> NOW, THEREFORE, in consideration of the premises and the mutual covenants <br />and agreements herein contained, the parties do hereby agree as follows: <br /> 1. County may tap on to the force main sewer line constructed by Industry <br />and hereinbefore described free of charge and use said line without any charge. <br />County shall do all of the work necessary to tap on to said line at its own <br />expense provided that said work shall be subject to the approval of Industry. <br /> 2. By putting its waste into the line, County agrees that it will not <br />reduce or diminish the right of Industry under Paragraph numbered 2 of the <br />Sewer Line Agreement dated June 15, 1979, among the County, Industry, and <br />the Board of Light and Water Commissioners for the City of Concord to use <br />the County line more particularly described in that Agreement. County agrees <br />to cooperate in good faith with Industry to protect the rights of Industry <br />under said Agreement of June 15, 1979, as amended by Agreement dated November 13, <br />1980. <br /> 3. County' agrees that the quality of effluent discharge by it into said <br /> sewer line will meet the same rules as the effluent discharge by Industry into <br /> said line must meet. <br /> 4. County hereby releases Industry and agrees to hold Industry harmless <br /> from any injuries or damage which may result to the County or any other person <br /> by reason of the use by County of Industry's sewer line, except such injuries <br /> as may be caused by the negligence of Industry. <br /> 5. If County abandons its use of said sewer line, it will restore the <br /> Philip Morris line to the same condition as it was prior to the tap on by the <br /> County. <br /> IN WITNESS WHEREOF, the parties have caused this Agreement to be duly <br /> executed and sealed as of the day and year first above written. <br /> <br />PHILIP MORRIS INCORPOP~TED <br /> <br />By: <br /> <br />ATTEST: <br /> <br />Vice-President <br /> <br />Assistant Secretary <br /> <br />ATTEST: <br /> <br />CABARRUS COUNTY <br /> <br />By: <br /> <br />Chairman, County Board <br /> of Commissioners <br /> <br />Clerk <br /> <br /> <br />