BC 1988 09 12 - Laserfiche WebLink

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486 for sewer extensions, agrees to waive all claims for compensation or monies refundable for any capital facilities constructed. 13. Indemnification of the County. The Contractor/Developer will indemnify, hold harmless and keep harmless, the County and its agents and employees from and against all claims, damages, losses and expenses - including attorney's fees - arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom, and is caused in whole or in part by any negligent or willful act or omission of the DEVELOPER, CONTRACTOR, and SUBCONTRACTOR(S), or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In any and all claims against the County or any of its agents or employees, by any employee of the DEVELOPER, CONTRACTOR, AND SUB- CONTRACTOR(S), anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the DEVELOPER, CONTRACTOR, and SUBCONTRACTOR(S) under Workman's Compensation Acts, Disability Benefit Acts or other employee benefits acts. 14. Activation of Completed Sanitary Sewers. No sanitary sewers constructed under this contract are to be connected to any portion of the existing Cabarrus County Utility Department maintained system without the issuance of a discharge permit from the appropriate County, State, or Federal Agency, whichever might have control. Any construction performed prior to the issuance of this permit will be done solely at the risk of the Developer, even if prior approval has been granted by the County. The applicant also agrees to pay all fees required to obtain such permit. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed, the day and year first above written. ATTEST: /s/ Henry L. Waldroup WITNESS BY: /s/ Randy Wiggins~ Owner APPLICANT ATTEST: /s/ Frankie F. Small CLERK APPROVED AS TO FORM: BY: /s/ Fletcher L. Hartsell, Jr. ATTORNEY CABARRUS COUNTY, NORTH CAROLINA BY: /s/ James W. Lentz CHAIRMAN BOARD OF COMMISSIONERS The plans as approved by the North Carolina Environmental Management Commission and referred to in the contract are on file in the Cabarrus County Utility Department and are included by reference as a part of the minutes. The Board requested information from the County Attorney regarding the procedures for annexing property into the Water and Sewer District of Cabarrus County. UPON MOTION of Chairman Lentz, seconded by Commissioner Hamby and unanimously carried, the Board declared September 15, 1988, as D.A.R.E. Day in Cabarrus County and authorized the flying of the D.A.R.E. fly at the Courthouse on that date. Commissioner Melvin reported that Mr. Tom Joyner had asked that the Board consider the possibility of the County's selling a portion of the Ambulance Service Substation property to him to be used as a right-of-way to his property. This was received as information only and no action was taken.