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466 <br /> <br />injury to or destruction of tangible property including the loss of <br />use resulting therefrom, and is caused in whole or in part by any <br />negligent or willful act or omission of the DEVELOPER, CONTRACTOR, and <br />SUBCONTRACTOR(S), or anyone directly or indirectly employed by any of <br />them or anyone for whose acts any of them may be liable. <br /> <br />In any and all claims against the County or any of its agents or <br />employees, by any employee of the DEVELOPER, CONTRACTOR, AND SUBCON- <br />TRACTOR(S), anyone directly or indirectly employed by any of them, or <br />anyone for whose acts any of them may be liable, the indemnification <br />obligation shall not be limited in any way by any limitation on the <br />amount or type of damages, compensation or benefits payable by or for <br />the DEVELOPER, CONTRACTOR, and SUBCONTRACTOR(S) under Workman's <br />Compensation Acts, Disability Benefit Acts or other employee benefits <br />acts. <br /> <br />14. <br /> <br />Activation of Completed Sanitary Sewers. No sanitary sewers con- <br />structed under this contract are to be connected to any portion of the <br />existing Cabarrus County Utility Department maintained system without <br />the issuance of a discharge permit from the appropriate County, State, <br />or Federal Agency, whichever might have control. Any construction <br />performed prior to the issuance of this permit will be done solely at <br />the risk of the Developer, even if prior approval has been granted by <br />the County. The applicant also agrees to pay all fees required to <br />obtain such permit. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have caused this instrument to <br />be executed, the day and year first above written. <br /> <br />ATTEST: <br />/s/ /s/ Jewel Brack <br /> <br />WITNESS <br /> <br />ROCKY RIVER PLANTATION JOINT VENTURE <br />BY: /s/ James B. Myers, III <br /> APPLICANT <br /> <br />ATTEST: <br />/s/ Frankie F. Small <br /> <br />CLERK <br /> <br />CABARRUS COUNTY, NORTH CAROLINA <br />BY: /s/ James W. Lentz <br /> <br /> CHAIRMAN <br />BOARD OF COMMISSIONERS <br /> <br />APPROVED AS TO FORM: <br />BY: /s/ Fletcher L. Hartsell~ Jr. <br /> ATTORNEY <br /> The map showing the location of the proposed sewer lines is on file in <br />the Water and Sewer Office and is included by reference as a part of the <br />minutes. <br /> The following nominations were made to fill the two vacancies on the <br />Cabarrus County Airport Commission: <br /> <br />Colonel Edward H. Nimmo - Nominated by Commissioner Hamby <br />Mr. Phil Cline - Nominated by Commissioner Moss <br />Ms. Virginia Marzean - Nominated by Commissioner Payne <br /> <br /> UPON MOTION of Chairman Lentz, seconded by Commissioner Melvin with <br />Chairman Lentz and Commissioners Melvin, Payne, and Moss voting for and <br />Commissioner Hamby voting against, the Board expanded the Cabarrus County <br />Airport Commission from an Il-member board to a 12-member board. <br /> UPON MOTION of Chairman Lentz, seconded by Commissioner Melvin and <br />unanimously carried, the Board appointed Colonel Edward H. Nimmo, Mr. Phil <br />Cline, and Ms. Virginia Marzean to the Cabarrus County Airport Commission <br />for a three-year term ending August 5, 1991. <br /> UPON MOTION of Commissioner Melvin, seconded by Commissioner Payne <br />with Commissioners Melvin, Payne, and Hamby and Chairman Lentz voting for <br />and Commissioner Moss voting against, the Board approved the addition of <br />Stowe Road and High Meadow Drive to the State road system. <br /> UPON MOTION of Commissioner Melvin, seconded by Commissioner Payne <br />with Commissioners Melvin, Payne, and Hamby and Chairman Lentz voting for <br />and Commissioner Moss voting against, the Board approved Change Order <br />Number 1 for the general construction contract in the amount of $35,594.00 <br />for the Cabarrus County Jail Project. This Change Order to Cabarrus <br />Construction Company, Inc., included the following: <br /> <br /> <br />