BC 1992 12 21 - Laserfiche WebLink

Home Browse Search

159 (c) CABARRUS shall remove the existing master meter at its Roberta Road connection with HARRISBURG and allow the system created by the HARRISBURG LOOP to float on CONCORD°s Charlotte Motor Speedway tank hydraulic gradient of elevation 850; and (d) During construction of the HARRISBURG LOOP, CABARRUS shall provide construction inspection services to HARRISBURG at no charge. 9. Further Agreements. Since the parties acknowledge that uniformity and consistency of materials, line sizes, etc. promote a comprehensive and cooperative planning process for future growth and system expansion, CONCORD, H~ISBURG and CABARRUS further agree to pursue diligently the adoption of additional agreements between the parties and/or multi-lateral agreements between or among the parties, and the owners or operators of other public water systems in Cabarrus County for future water development. Such agreements shall include all aspects of such water systems, including, but not limited to, plans, specifications, materials, line sizes, fees, charges and the like. 10. Method of Amendment/Termination of Agreement. This Agreement may be amended or terminated only by a vote of the majority of the members of each of the respective governing boards of CONCORD, HARRISBURG and CABARRUS. 11. Warranties. CONCORD, HARRISBURG and CABARRUS hereby warrant and represent that: (a) Execution of this Agreement and full performance of its own obligations hereunder are fully authorized by law; (b) Each has complied with 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, HARRISBURG or CABARRUS, respectively; and (c) All contracts for work to be done pursuant to this Agreement will be performed in accordance with the laws and regulations to which CONCORD, HARRISBURG and CABARRUS are subject, expressly including, but not limited to, the public bidding laws of the State of North Carolina. 12. Miscellaneous. CONCORD, HARRISBURG and CABPJRRUS further say that: (a) No failure or delay in exercising any right 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 or the exercise of any other rights; (b) All representations and warranties made herein shall survive the making of any payment or payments pursuant hereto; (c) Except as modified by separate written agreement of CONCORD, HARRISBURG and CABARRUS and/or termination as provided herein, this Agreement shall be binding upon and inure to the benefit of CONCORD, HA=RRISBURG and CABARRUS, their respective successors and assigns. IN WITNESS WHEREOF, CONCORD, HARRISBURG and CABARRUS have executed this Agreement as of the last date hereinafter set forth. CITY OF CONCORD, NORTH CAROLINA By: ATTEST: Mayor (SEAL) Clerk Approved as to Form City Attorney Dated: This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director CITY OF HARRISBURG, NORTH CAROLINA By: Mayor ATTEST: Clerk (SEAL)