BC 1992 06 15 - Laserfiche WebLink

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588 DEHNR requirements and to provide a response to the respective unit of government for such capacity request within no more than fifteen (15) days from the receipt of complete information from the respective constituent unit. The Authority acknowledges that all such requests, whether for public or private construction, must be submitted by or be accompanied by a statement of concurrence from the constituent unit in which the project is located. The Authority agrees that it shall accept the wastewater for treatment and shall not approve any actual connection unless the connection proposed to be made is to an interceptor included in the Additional Facilities and Infrastructure or to other sewer lines owned by the Authority or over which the Authority has control. 9. Pretreatment Agreements. The Authority shall enter into an agreement with each constituent unit, i.e. Concord, Cabarrus, Kannapolis, Mt. Pleasant and Harrisburg, for the implementation and enforcement of a pretreatment program within each such unit. The Authority shall accept and implement the terms and conditions of the existing pretreatment agreements presently in force between Concord and Cabarrus County, Harrisburg, Kannapolis and Mt. Pleasant. 10. Term of Agreement. This Agreement shall be binding upon and in full force and effect from the Effective Date until the transfer and/or lease of the RRRWWTP facilities and/or the Additional Facilities and Infrastructure has been approved by EPA and DEM and the transfer and/or lease thereof has been fully and finally executed by and between Concord and/or Cabarrus and the Authority. 11. Entire Agreement. Except as expressly set forth in this Agreement, there are no other prior or contemporaneous promises, covenants, representations, warranties, agreements or understandings (written or oral, or by course of dealing, course of performance or by usage of trade) which contradict, are inconsistent with or which supplement the terms set forth herein. 12. Situs of Agreement. This Agreement is entered into in the State of North Carolina and shall be construed and interpreted in accordance with the laws of the State of North Carolina. 13. Remedies and Limitations. The parties hereto shall execute all instruments and take all such actions as are required and appropriate to effectuate this Agreement and the express intention or purpose hereof. If either party should breach this Agreement, then the other party may, at its election or discretion, enforce its rights in a civil action (a) for specific performance or (b) for damages. Cancellation, termination or rescission of this Agreement shall not be a remedy for either party hereunder. If either party should elect to waive any right or claim arising under this Agreement, such waiver shall not be deemed a waiver of any other right or claim provided for herein. 14. Binding Obligation. The parties further represent and warrant that they have taken all actions and obtained all authorizations, consents, and approvals as are a condition precedent to their authority to execute this Agreement and that this Agreement constitutes a valid and binding obligation on their part. Furthermore, in the event that for any reason the conditions precedent to a party's authority to execute this Agreement have not been accomplished in accordance with statutory requirements or other requirements, then the parties agree that they will undertake whatever actions are necessary to fulfill the conditions precedent so that this Agreement will be binding on all parties. 15. Method of Amendment/Termination of Agreement. This Agreement may be amended, modified (in whole or in part) or terminated only by an agreement in writing executed in the same manner as this Agreement, and approved by a vote of the majority of the members of each of the respective governing boards of Concord, Cabarrus and the Authority. 16. Costs. The Authority agrees to bear all costs, expenses, and attorneys' fees associated with this Agreement. IN WITNESS WHEREOF, Concord has executed this Agreement this day of June, 1992, Cabarrus has executed this Agreement this 15th day of June, 1992, and the Authority has executed this Agreement this 15th day of June, 1992. CITY OF CONCORD, a Municipal Corporation By: Bernie A. Edwards, Mayor ATTEST: Vickie C. Weant, City Clerk