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308 <br /> <br /> 3. Undertakings of CABARRUS. CABARRUS agrees to employ a qualified <br />individual, who holds a degree in the field of planning or its equivalent and <br />who is acceptable to HARRISBURG, as a Planning Technician in the Planning & <br />Zoning Department of CABARRUS (the "Department") at salary grade 65-0 under the <br />Cabarrus County Personnel Ordinance. This individual shall be designated as the <br />Harrisburg Town Planner in the Department (hereinafter the "Harrisburg Town <br />Planner" or the "Planner"). While the Director of the Department may assign <br />tasks to the Harrisburg Town Planner involving Department-related functions <br />arising outside the municipal or extra-territorial limits of HARRISBURG, at <br />least one-half (1/2) of the time and work effort of the Harrisburg Town Planner <br />shall be devoted exclusively to those activities.and tasks for HARRISBURG set <br />forth in the Job Description attached hereto marked "Exhibit A" and incorporated <br />herein by reference. <br /> 4. Undertakings of HARRISBURG. HARRISBURG agrees to pay to CABARRUS a <br />sum equivalent to one-half (1/2) the salary and benefit package of the person <br />employed and designated as the Harrisburg Town Planner (the "Compensation"). <br />HARRISBURG shall pay the Compensation to CABARRUS in quarterly installments on <br />or about October 31, December 31, March 31, and June 30 promptly after billing <br />therefor by the Finance Department of CABARRUS. The Compensation is estimated <br />to be approximately Ten Thousand One Hundred Dollars ($10,100.00) for the period <br />October 1, 1991 -June 30, 1992 (if the Harrisburg Town Planner has been employed <br />at such time) and approximately Fourteen Thousand Five Hundred Dollars <br />($14,500.00) for fiscal year July 1, 1992 - June 30, 1993. <br /> 5. Reporting Responsibilities. The Harrisburg Town 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 <br />to appropriate officials of HARRISBURG. <br /> 6. Method of A~endment/Termtnation of Agreement. This Agreement may be <br />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 HARRISBURG and CABARRUS. <br /> 7. Warranties. HARRISBURG and CABARRUS hereby warrant and represent <br />that: <br /> (a) Execution of this Agreement and full performance of its own <br />obligations hereunder are fully authorized by law; <br /> (b) Each has complied or will comply with all procedures necessary to <br />render its execution of this Agreement and the performance of its obligations <br />hereunder as valid, legal and binding acts of HARRISBURG or CABARRUS, <br />respectively; and <br /> (c) All 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 HARRISBURG and CABARRUS are subject. <br /> 8. Miscellaneous. HARRISBURG 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 <br />making of any payment or payments pursuant hereto; and <br /> (c) Except as modified by separate written agreement of HARRISBURG and <br />CABARRUS and/or termination as provided herein, this Agreement shall be binding <br />upon and enure to the benefit of HARRISBURG and CABARRUS, and their respective <br />successors and assigns. <br /> IN WITNESS WHEREOF, HARRISBURG and CABARRUS have executed this Agreement <br /> the day and year first above written. <br /> <br />TOWN OF HARRISBURG, NORTH CAROLINA <br />By: <br /> <br />Mayor <br /> <br />ATTEST: <br /> <br />Clerk CABARRUS COUNTY <br /> By: <br /> <br />Chairman <br />Board of Commissioners <br /> <br />ATTEST: <br /> <br />Clerk <br /> <br /> <br />