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19 <br /> <br /> 3. Undertakings of CABARRUS. CABARRUS agrees to provide a qualified <br />individual who is also acceptable to MT. PLEASANT and who shall be responsible <br />for all: <br /> (a) permitting processes and collection of related fees and charges; <br /> (b) site plan review work; <br /> (c) subdivision review and administration; <br /> (d) technical review and reports on rezonings; <br /> (e) planning studies as requested by the Town Council, pre-development <br />review, staff the town's planning and zoning board. In fulfilling these <br />responsibilities this individual shall be designated as the Mt. Pleasant Town <br />Planner. The Director of the Department may assign other office staff members <br />to assist in the work for MT. PLEASANT to ensure that all work is performed in <br />a timely and technically accurate manner. CABARRUS agrees that an average of <br />four hours of various planning work as defined above will occur per week during <br />the terms of this Agreement, or any extension they present to paragraph 2. <br /> <br /> 4. Undertakings of MT. PLEASANT. MT. PLEASANT agrees to pay to CABARRUS <br />an annual compensation of $2,500. Promptly after billing therefor by the <br />Finance Department of CABARRUS, MT. PLEASANT shall pay such compensation in <br />quarterly installments on or about July 1, October 1, January 1, and April 1 of <br />the fiscal year. <br /> <br /> 5. Reporting Responsibilities. The Mt. Pleasant Planner shall be and <br />remain an employee of Cabarrus, under the supervision of the Director of the <br />Department, but, at all times shall be and remain available to and responsive to <br />appropriate officials of MT. PLEASANT. <br /> <br /> 6. Method of Amendment/Termination of Agreement. This Agreement may <br />be amended or terminated during its term only by a vote of the majority of the <br />members of both of the respective governing boards of MTo PLEASANT and CABARRUS. <br /> <br />7. Warranties. MT. PLEASANT and CABARRUS hereby warrant and represent <br />that: <br /> (a) Execution of this Agreement and full performance of its own obligations <br />hereunder are fully authorized by law; <br /> (b) Each has complied or will comply with all procedures necessary to render <br />its execution of this Agreement and the performance of its obligations hereunder <br />as valid, legal and binding acts of MT. PLEASANT or CABARRUS, respectively; and <br /> (c) Ail contracts for work to be done in connection with the construction <br />of the Project will be performed in accordance with the laws and regulations to <br />which MT. PLEASANT and CABARRUS are subject. <br /> <br /> 8. Miscellaneous. MT. PLEASANT and CABARRUS further say that: <br /> (a) No failure or delay in exercising any right hereunder on the part of <br />either party shall operate as a waiver thereof, nor shall any single or partial <br />exercise by either party of any right hereunder preclude any other further <br />exercise thereof or the exercise of any other right. <br /> (b) All representations and warranties made herein shall survive the making <br />of any payment or payments pursuant hereto: and <br /> (c) Except as modified by separate written agreement of MT. PLEASANT and <br />CABARRUS and/or termination as provided herein, this Agreement shall be binding <br />upon and enure to the benefit of MT. PLEASANT and CABARRUS, AND THEIR RESPECTIVE <br />SUCCESSORS AND ASSIGNS. <br /> <br /> IN WITNESS WHEREOF, MT. PLEASANT and CABARRUS have executed this Agreement <br />the day and year first above written. <br /> <br />ATTEST: <br />/s/ Wanda R. Hartsell <br /> <br />Clerk <br /> <br />ATTEST: <br />/s/ Frankie F. Bonds <br /> <br />Clerk <br /> <br />TOWN OF MT. PLEASANT, NORTH CAROLINA <br />BY: /s/ Scott Barringer <br /> Mayor <br /> <br />CABARRUS COUNTY <br />BY: /s/ Carolyn B. Carpenter <br /> Chairman <br /> Board of Commissioners <br /> <br /> <br />