BC 1991 06 17 - Laserfiche WebLink

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193 NORTH CAROLINA CABARRUS COUNTY THIS AGREEMENT, made and entered into this 17th day of June, 1991, by and between CABARRUS COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "CABARRUS"; and THE CONCORD TELEPHONE COMPANY, a North Carolina Corporation, hereinafter referred to as "CONCORD; RECITALS Cabarrus is in the process of constructing a reservoir known as "Coddle Creek Reservoir" and the water in said reservoir will cover a part of Rankin Road extending from Highway 73, North; and it is necessary that telephone utility lines located along the said Ranktn Road be relocated and Cabarrus has requested that Concord relocate said lines and Concord has agreed so to do upon the .payment by Cabarrus of the cost of relocation; In consideration of the recitals and the agreements herein made, Cabarrus and Concord do agree as follows: 1. That Concord will relocate the telephone lines which will be covered by the water in the Coddle Creek Reservoir by installing new underground telephone cable beginning approximately .5 of a mile north of N. C. Highway 73 at the intersection of SR 1621 and SR 1620 and will proceed along SR 1621 to SR 1622 and along SR 1622 to SR 1616 and along SR 1616 to SR 1619 and from SR 1619 to the end of said SR 1619 (Rankin Road) as it will be when the Reservoir is completed, as shown in red on the map attached hereto and marked "Exhibit A" (the total distance for the underground cable being approximately 22,000 feet). The work shall be done in accordance with the plans attached hereto marked "Concord Telephone Company, Job No. 0D91- 1002, dated 3-18-91" consisting of 14 sheets, numbered iA and 1 through 13. No new rights of way will be required. Concord has secured an encroachment permit from the Department of Transportation dated April 2, 1991, a copy of which is attached hereto and marked "Exhibit B". 2. Concord will being (sic) work immediately and will complete said work within 120 days from the date of the execution of this Agreement. 3. Upon completion of the work, Cabarrus will pay to Concord the cost of relocation of said lines in accordance with the schedule set out in letter of May 2, 1991, from Concord to Cabarrus, a copy of which is attached hereto and marked "Exhibit C". In addition, if there is any rock encountered by Concord causing it extra work in completing said underground cable, Cabarrus will pay to Concord such extra cost for work as is submitted to Cabarrus by Concord. IN TESTIMONY WHEREOF, Cabarrus has caused this instrument to be executed by its Chairman and Concord has caused this instrument to be executed by its President, both acting pursuant to authority duly given. CABARRUS COUNTY By: /s/ Billy J. ~immons, Jr~ Chairman Board of Commissioners THE CONCORD TELEPHONE COMPANY By: /s/ Michael R, Coltrane President The estimated cost for the relocation of the lines as shown on Exhibit C was in the amount of $53,767.04 (not including the cost for rock removal). UPON MOTION of Commissioner Payne, seconded by Commissioner Carpenter and unanimously carried, the Board approved the purchase of a right-of-way for the Coddle Creek Reservoir Project from Ms. Toni Troutman at a cost of $500.00. UPON MOTION of Chairman Simmons, seconded by Commissioner Barnhart and with Chairman Simmons and Commissioners Barnhart, Hamby and Payne voting for, the Board moved to go into executive session to discuss appointments to advisory boards and committees, appointment of Tax Assessor, and pending litigation. UPON MOTION of Commissioner Barnhart, seconded by Chairman Simmons and unanimously carried, the executive session was terminated.