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BC 1991 07 01
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BC 1991 07 01
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
7/1/1991
Board
Board of Commissioners
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232 <br /> <br /> the execution of this Agreement, and because other obligations of <br /> this Agreement accrue to the benefit of persons or entities who are <br /> not parties to this Agreement, the parties agree that either Concord <br /> or the County, as may be appropriate, shall have standing to enforce <br /> the obligations set forth in this Agreement on behalf of themselves <br /> or others. Further, either Concord or the County may confer <br /> standing on any aggrieved person(s) or entity by joining such <br /> aggrieved person(s) or entity in an action for enforcement of the <br /> obligations set forth herein. <br /> 19. North Carolina Law. This Agreement shall be interpreted <br />and determined under the laws of the State of North Carolina. If <br />any provision of this Agreement is determined to be contrary to the <br />laws of the State of North Carolina or the United States of America, <br />then such provision shall be considered null and void, but the <br />remainder of the provisions of the Agreement shall remain in full <br />force and effect. <br /> 20. Venue. The parties agree that the District Civil Courts <br /> for Cabarrus County, North Carolina shall be the appropriate venue <br /> for any litigation of any dispute arising between the parties under <br /> this Agreement, or any other dispute for enforcement of the <br /> obligations set forth in this Agreement, unless Concord and the <br /> County agree upon another venue. <br /> 21. Warranties. The parties to this Agreement each warrant <br /> and represent that execution of this Agreement and full performance <br /> of its own obligations hereunder are fully authorized by law; and <br /> each has complied or will comply with all procedures necessary to <br /> render its execution of this Agreement and the performance of its <br /> obligations hereunder as valid, legal and binding acts of each of <br /> the parties respectively. <br /> 22. No Waiver of Rights. No failure or delay in exercising <br /> any right hereunder on the part of any party shall operate as a <br /> waiver thereof, nor shall any single or partial exercise by either <br /> party of any right hereunder preclude any other further exercise <br /> thereof or the exercise of any other right. <br /> 23. Survival of Warranties. Ail representations and <br /> warranties made herein shall survive the making of any payment or <br /> payments pursuant hereto, and, except as stated herein or modified <br /> by separate written agreement of Concord and the County, this <br /> Agreement shall be binding upon and inure to the benefit of the <br /> parties and their respective successors and assigns. <br /> 24. Other Documents. Each of the parties agree to take all <br /> reasonable measures required to effect the terms of this Agreement, <br /> including, but not limited to, execution of appropriate additional <br /> documents, replacement of lost documents, or correction of misstated <br /> documents. This provision shall be effective with regard to all <br /> parties without regard to any fault of any person or entity for the <br /> omission of any appropriate documents, for the loss of any <br /> documents, or for any misstatement in any document. <br /> 25. Term of Agreement. This Agreement shall be for a term <br /> of Twenty (20) Years, and shall automatically be renewed for a <br /> successive term of Twenty (20) Years, by which time it is <br /> contemplated that all obligations under the terms of this Agreement <br /> shall be fulfilled or determined by separate agreements, such as <br /> the contract for fire service and the separate operating agreement <br /> between Concord and the County for the use of the Pitts VFD <br /> facility. <br /> In WITNESS WHEREOF, the parties have executed this Agreement <br /> on the day of July, 1991. <br /> CITY OF CONCORD, NORTH CAROLINA <br /> By: <br /> ATTEST: Mayor <br /> <br />Clerk <br /> <br />ATTEST: <br />/s/ Frankie F, Bonds <br /> Clerk <br /> <br />CABARRUS COUNTY, NORTH CAROLINA <br />By: /s/ Billy J, Simmons, <br /> Chairman <br /> Board of Commissioners <br /> <br /> <br />
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