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318 <br /> <br />a waiver thereof, nor shall any single or partial exercise <br />by either party of any right hereunder preclude any other <br />further exercise thereof or the exercise of any other right; <br /> <br /> (b) Ail representations and warranties made herein <br />shall survive the making of any payment or payments pursuant <br />hereto; <br /> <br /> (c) This Agreement shall be binding upon and inure to <br />the benefit of CITY, BOARD and COUNTY, their respective <br />successors and assigns. <br /> <br /> IN WITNESS WHEREOF, CITY, BOARD and COUNTY have executed this <br />Agreement the day and year first above written. <br /> <br />ATTEST: <br /> <br />CITY OF CONCORD, NORTH CAROLINA <br />By: <br /> <br />Mayor <br /> <br />Clerk <br /> <br />BOARD OF LIGHT AND WATER <br />COMMISSIONERS OF THE CITY <br />OF CONCORD, NORTH CAROLINA <br />By: <br /> <br />ATTEST: Chairman <br /> <br />ATTEST: <br /> <br />CABARRUS COUNTY <br />By: <br /> <br />Chairman, Board of Commissioners <br /> <br />ITEM #2 <br /> <br />NORTH CAROLINA <br /> <br />CABARRUS COUNTY <br /> <br />AGREEMENT <br /> <br /> THIS AGREEMENT, made and entered into this __ day of , <br />1985, by and between THE CITY OF CONCORD, NORTH CAROLINA (hereinafter <br />referred to as the "CITY"), BOARD OF LIGHT AND WATER COMMISSIONERS OF <br />THE CITY OF CONCORD, NORTH CAROLINA (hereinafter referred to as the <br />"BOARD"), and CABARRUS COUNTY, (hereinafter referred to as the "COUNTY"); <br /> <br />W I T N E S S E T H: that -- <br /> <br /> WHEREAS, CITY, BOARD and COUNTY agree and recognize that future <br />expansions of water and sewer facilities in Cabarrus County, including <br />the proposed Coddle Creek Reservoir, are for the benefit and use of <br />all citizens of Cabarrus County; and <br /> <br /> WHEREAS, CITY, BOARD and COUNTY desire for COUNTY to undertake <br />financing of the reservoir as its primary responsibility; <br /> <br /> NOW, THEREFORE, in consideration of the premises and agreements <br />hereinafter made, CITY, BOARD and COUNTY agree as follows: <br /> <br /> 1. ~urpose of Agreement The purpose of this Agreement is to <br />establish a basis for cooperation among CITY, BOARD and COUNTY to <br />construct and operate the Coddle Creek Reservoir. <br /> <br /> 2. Duration of Agreement. The duration of this Agreement is <br />perpetual. <br /> <br /> <br />