BC 1999 06 21 - Laserfiche WebLink

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256 Community Development Division and its Manager, Steve Osborne; (b) the Concord Downtown Development Corporation; (c) the Cabarrus County Parks and Recreation Department; and (d) Alley, Williams, Carmen and King, the project designer. CAB~RRUS shall be responsible for all costs associated with this project with the exception of electrical and lighting relocation and improvement costs already accepted by CONCORD. CABARRUS also shall require as part of the comprehensive parking goals of this project to require upon completion of this lot that public employees working within the Cabarrus County Courthouse use the Corban Avenue Parking Facility for daily parking. In addition, CABARRUS shall offer, at a minimum, twenty-five spaces in the Barbrick Avenue parking facility for general public purposes. CABARRUS shall be responsible for paying all invoices for professional services, labor, materials and other costs for which payment is due in the course of constructing the parking facility and pursuant to this agreement. 4. Undertakings of CONCORD. CONCORD agrees to provide all construction scheduling and oversight through its Community Development Division. CONCORD agrees to complete those tasks identified on "Schedule A" or to have those tasks completed by private contractors. In addition, CONCORD agrees to provide scheduling, coordination, and oversight for those tasks identified on "Schedule A" as being performed by private contractors. 5. Method of Amendment/Termination of Aqreement. This Agreement may be amended or terminated during its term only by a vote of the majority of the members of both of the respective governing boards of CONCORD and CABARRUS. 6. Warranties. CONCORD and CABARRUS hereby warrant and represent that: (a) Execution of this Agreement and full performance of its obligations hereunder are fully authorized by law; and (b) Each has complied or will comply with all procedures necessary to render its execution of this Agreement and the performance of its obligations hereunder as valid, legal, and binding acts of CONCORD and CABD~RRUS, respectively; and (c) All contracts for work to be done in connection with the construction of the project will be performed in accordance with the laws and regulation to which CONCORD and CABARRUS are subject. (d) Actual construction costs may vary from the cost estimates prepared for the project and included as '~Schedule A". Costs must be consistent with the approved budget, however. 7. Miscellaneous. CONCORD and CABARRUS further say that: (a) No failure or delays in exercising any rights hereunder on the part of either party shall operate as a waiver thereof, nor shall any single or partial exercise by either party of any right hereunder preclude any other further exercise thereof of any other rights; and (b) All representations and warranties made herein shall survive the making of any payment or payments pursuant hereto; and (c) Except as modified by separate written agreement of CONCORD and CABARRUS and/or termination as provided herein, this Agreement shall be binding upon and ensure to the benefit of CONCORD and CABARRUS, and their respective successors and assigns. IN WITNESS WHEREOF, CONCORD and CABARRUS have executed this Agreement the day and year first above written. ATTEST: CITY OF CONCORD, NORTH CAROLINA By: Mayor Clerk Approved as to Form City Attorney This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director CABARRUS COUNTY, NORTH CAROLINA By: /s/ Jeffrey L. Barnhart Chairman Board of Commissioners