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BC 1993 02 01
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BC 1993 02 01
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4/30/2002 3:34:10 PM
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Meeting Minutes
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Minutes
Meeting Minutes - Date
2/1/1993
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Board of Commissioners
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199 <br /> <br />(i) names of the parties to this Lease: (ii') a description of the Demised <br />Premises; (iii) the term of this Lease; and (iv) incorporation of this Lease. <br /> Section 8.05. Notices. Ail notices/and other communications required to be <br />given under this Lease shall be deemed sufficiently given when hand-delivered or <br />mailed by registered mail, postage prepaid, addressed as follows: if to the <br />City, to: City Manager, P. O. Box 308, Concord, NC 28026-0308; if to the County, <br />to: County Manager, P. O. Box 707, Concord. NC 28026-0707. Either party may, by <br />notice given hereunder to the other party, designate any further or different <br />address(es) to which subsequent notices/or other communications shall be <br />delivered or sent hereunder. <br /> Section 8.06. Amendments, Changes, and Modifications. Except as otherwise <br />provided in this Lease or the Indenture, this Lease may not be effectively <br />amended, changed, modified or altered subsequent to the delivery of the Series <br />1993 Bonds and prior to the discharge of the Indenture, without the written <br />consent of the Trustee as provided in the Indenture; all other Lease amendments, <br />changes, modifications, and alterations shall not be effective unless in writing <br />and signed by the parties hereto. <br /> Section 8.07. Severability. In the event that any provision of this Lease <br />is held invalid or unenforceable by any court of competent jurisdiction, such <br />holding shall not invalidate or render unenforceable any other provision of this <br />Lease. <br /> Section 8.08. Execution in Counterparts. This Lease may be executed in <br />counterparts, each of which shall be an original and all of which together shall <br />constitute but one and the same instr~nent. <br /> Section 8.09. Applicable Law. This Lease is governed by and shall be <br />construed in accordance with the laws of the State of North Carolina. <br /> Section 8.10. Captions. The captions and headings in this Lease are for <br />convenience of reference only and in no way define, limit, or amplify the scope <br />or intent of any provision(s) or section(s) of this Lease. <br /> Section 8.11. Condemnation Award. Any condemnation award given by reason <br />of all or any portion of the Demised Premises being taken by eminent domain shall <br />be distributed pursuant to the mutual agreement of the City and the County. <br /> Section 8.12. Cooperation Between the Parties. City and County hereby agree <br />to work together in good faith to assure that all environmental and other <br />regulatory and legal requirements affecting or related to the Project and any and <br />all agreements under which City provides treated water to County are satisfied. <br /> IN WITNESS WHEREOF, the County has caused this Lease to be executed in its <br />name with its seal hereunto affixed and attested by the Clerk of the County; and <br />the City has caused this Lease to be executed in its corporate name with its seal <br />hereunto affixed and attested by its City Clerk. All of the above are effective <br />as of the date first above written. <br /> <br />(AFFIX SEAL) <br /> <br />ATTEST: <br />/s/ Frankie F. Bonds <br /> <br />Frankie F. Bonds, Clerk <br />APPROVED AS TO FORM: <br />/s/ Fletcher L. Hartsell, Jr. <br />Fletcher L. Hartsell, Jr., Esquire <br /> <br />(AFFIX SEAL) <br />ATTEST: <br /> <br />COUNTY OF CABARRUS, a <br />Political Subdivision of the <br />State of North Carolina <br />By: /s/ Carolyn B. Carpenter <br /> Carolyn Carpenter, Chairperson <br /> Board of Commissioners <br /> <br />CITY OF CONCORD, a North Carolina <br />Municipal Corporation <br />By: <br /> <br />Bernie A. Edwards, Mayor <br /> <br />Vickie C. Weant, City Clerk <br />APPROVED AS TO FORM: <br /> <br />Gordon L. Belo, Esquire <br />City Attorney <br /> EXHIBIT A <br /> The Demised Premises <br /> (formerly the property of Lois W. Smith <br /> described as Tract No. 2 in that condemnation action <br /> entitled "Cabarrus County vs. Lois W. Smith," <br /> bearing File No. 91 CVS 73 in the office of the <br /> Clerk of Superior Court.for Cabarrus County) <br /> <br /> <br />
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