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BC 1988 08 15
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BC 1988 08 15
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Meeting Minutes
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Minutes
Meeting Minutes - Date
8/15/1988
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Board of Commissioners
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461 <br /> <br /> 9. Further Agreements. Since the parties acknowledge that uniformity <br />and consistency of materials, line sizes, etc., promotes a comprehensive, <br />co-operative planning process for future growth and system expansion, <br />CONCORD and CABARRUS further agree to pursue diligently the adoption of <br />additional reciprocal agreements between the parties and/or multilateral <br />agreements between or among the parties and the owners or operators or <br />other public water and/or sewer systems in Cabarrus County for future water <br />and sewer development. Such agreements should include all aspects of such <br />water and sewer systems, including, but not limited to, plans, specifi- <br />cations, materials, line sizes, fees, charges and the like. <br /> <br /> 10. Method of Amendment/Termination of Agreement. This Agreement may <br />be amended or terminated only by a vote of the majority of the members of <br />each of the respective governing boards of CONCORD and CABARRUS. <br /> <br /> 11. Warranties. CONCORD and CABARRUS hereby warrant and represent <br />that: <br /> <br /> (a) Execution of this Agreement and full performance of its own <br />obligations hereunder are fully authorized by law; <br /> <br /> (b) Each has complied or will comply with all procedures necessary to <br />render its execution of this Agreement and the performance of its obli- <br />gations hereunder as valid, legal and binding acts of CONCORD or CABARRUS, <br />respectively; <br /> <br /> (c) Ail contracts for work to be done pursuant to this Agreement will <br />be performed in accordance with the laws and regUlations to which CABARRUS <br />and CONCORD are subject, expressly including, but not limited to, the <br />public bidding laws of the State of North Carolina. <br /> <br />12. Miscellaneous. CONCORD and CABARRUS further say that: <br /> <br /> (a) No failure or delay in exercising any right hereunder on the part <br />of either party shall operate as a waiver thereof, nor shall any single or <br />partial exercise 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 shall survive the <br />making of any payment or payments pursuant hereto; <br /> <br /> (c) Except as modified by separate written agreement of CONCORD and <br />COUNTY and/or termination as provided herein, this Agreement shall be <br />binding upon and enure to the benefit of CONCORD and CABARRUS, and their <br />respective successors and assigns. <br /> <br /> IN WITNESS WHEREOF, CONCORD and CABARRUS have executed this Agreement <br />the day and year first above written. <br /> <br />CITY OF CONCORD, NORTH CAROLINA <br />By: /s/ Bernie A. Edwards <br /> <br />ATTEST: Mayor <br />/s/ Vickie C. Weant <br /> <br />Clerk <br /> <br />ATTEST: <br />/s/ Frankie F. Small <br /> <br />Clerk <br /> <br />CABARRUS COUNTY <br />By: /s/ James W. Lentz <br /> <br /> Chairman <br />Board of Commissioners <br /> <br />EXHIBIT A <br /> <br />(1) Contract dated May 10, 1984, between Nolim Group, S.A.(Inc.) and the <br /> Board of Light and Water Commissioners of the City of Concord. <br />(2) Letter Agreement dated January 25, 1988, between Cabarrus County and <br /> ADM Properties, Inc., extended by action of the Board dated July 11, <br /> 1988. <br /> <br /> The items listed in Exhibit A are on file in the Office of the County <br />Manager and are included by reference as a part of the minutes. <br /> <br /> <br />
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