BC 1992 12 21 - Laserfiche WebLink

Home Browse Search

158 Carolina Highway 49, through HARRISBURG, along Highway 49, northeastward beyond the town limits connecting with CABARRUS~ 12-inch water line on North Carolina Highway 49 at its current terminus, as more specifically described on the map attached hereto as Exhibit A and incorporated herein by reference, thereby creating a loop of the CONCORD, HARRISBURG AND CABARRUS water systems for their mutual benefit (hereinafter sometimes the "HARRISBURG LOOP"); and WHEREAS, pursuant to the terms of this Agreement, CONCORD, HARRISBURG and CABARRUS desire to cooperate in the construction, operation, maintenance and payment of and for the "HARRISBURG LOOP" and its appurtenances; and NOW, THEREFORE, in consideration of the premises herein, and the mutual covenants and agreements hereinafter set forth, CONCORD, HARRISBURG and CABARRUS agree as follows: 1. Purpose. The purpose of this Agreement is to provide for the construction, operation, maintenance and payment for the HARRISBURG LOOP and its appurtenances. 2. Duration of Agreement. Except as otherwise set forth herein, the duration of this Agreement is perpetual unless amended or terminated as to executory matters in the manner set forth~in Paragraph 10 of this Agreement. 3. Responsibility of the Parties Regarding Construction of the HARRISBURG LOOP. Pursuant to the terms of this Agreement, and in cooperation with CONCORD and CABARRUS, HARRISBURG shall serve as contracting agent for the construction of the 12-inch water line known as the HARRISBURG LOOP and its appurtenances. HARRISBURG shall construct the HARRISBURG LOOP and may otherwise inter-connect the HARRISBURG LOOP to HARRISBURG's existing water system. 4. Authority to Connect to Concord System. Consistent with this Agreement, CONCORD grants to HARRISBURG, and HARRISBURG grants to CONCORD the absolute right and privilege to connect the respective water system of each to the other, without meter, at a point one (1) foot southwest of Mallard Creek (the "CONCORD-HAP~RISBURG LOOP CONNECTION"). 5. Authority to Connect to CABARRUS System. Consistent with this Agreement, HARRISBURG grants to CABARRUS and CABARRUS grants to HARRISBURG the absolute right and privilege to connect the respective water systems of each to the other, without meter, at the point along the HARRISBURG LOOP route on Highway 49 that is the current terminus of CABARRUS~ 12-inch line (the "HARRISBURG- CABARRUS LOOP CONNECTION"). 6. Method of Financing the HARRISBURG LOOP. To assist in the expense of the HARRISBURG LOOP, CONCORD shall pay to HARRISBURG the sum of Eighty-Five Thousand Dollars ($85,000.00), and CABARRUS shall pay to HARRISBURG the sum of Fifty Thousand Dollars ($50,000.00): otherwise, except as set forth herein, HARRISBURG shall be and remain solely responsible for all costs, expenses and liability associated directly or indirectly with the construction of the HARRISBURG LOOP and shall indemnify and hold CONCORD and CABARRUS harmless therefrom for any costs or expenses associated therewith. 7. Ownership of Water Lines and Responsibility for Maintenance. Upon completion of construction of the HARRISBURG LOOP: (a) CONCORD shall own and maintain the 12-inch water line and appurtenances involved in the HARRISBURG LOOP from the current terminus of the line on Morehead Road southward to the point of the CONCORD-HARRISBURG LOOP CONNECTION; (b) HARRISBURG shall own the 12~inch line and appurtenances involved in the HARRISBURG LOOP from the CONCORD-HARRISBURG LOOP CONNECTION to and through HARRISBURG to the fL~RRISBURG-CABA~US LOOP CONNECTION, and hereby grants to CABARRUS the absolute right to connect to the water system of HARRISBURG; (c) CABARRUS shall maintain the 12-inch line and appurtenances involved in the HARRISBURG LOOP northeastward from the HARRISBURG town limits along Highway 49 to the HARRISBURG-CABARRUS LOOP CONNECTION. 8. Additional Undertakings. Upon completion of the HAR~RISBURG LOOP, the parties agree as follows: (a) HARRISBURG shall disconnect its existing wells and purchase all treated water from CABARRUS at that rate and upon those terms set forth in a separate agreement executed by and between CABARRUS and HARRISBURG (the "Treated Water Agreement") which, among other things, shall provide that CABARRUS shall bill HARRISBURG on the total volume of HARRISBURG's individual customer water meter readings; (b) HAP. RISBURG may remove and sell its existing water tank and booster station and retain any and all proceeds derived therefrom for its sole and exclusive benefit;