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383 <br /> <br />b) <br /> <br />Each has complied or will comply with all procedures <br />necessary to render its execution of this Agreement and <br />the performance of its obligations hereunder as valid, <br />legal and binding acts of CONCORD or the COUNTY, <br />respectively. <br /> <br />Section D- Miscellaneou~ <br /> <br />CONCORD and the COUNTY further say that: <br /> a) No failure or delay in exercising any right hereunder <br /> on the part of either party shall operate as a waiver <br /> thereof, nor shall any single or partial exercise by <br /> either party of any right hereunder preclude any other <br /> further exercise thereof or the exercise of any other <br /> right; <br /> b) Except as modified by separate written agreement of <br /> CONCORD and the COUNTY and/or termination as provided <br /> herein, this Agreement shall be binding upon and enure <br /> to the benefit of CONCORD and the COUNTY, and their <br /> respective successors and assigns. <br /> <br />IN WITNESS WHEREOF, the parties have executed this Agreement in <br />duplicate originals, following due and proper approval by their <br />respective governing bodies in official session. <br /> <br />ATTEST: <br /> <br />CITY OF CONCORD <br /> By: <br /> Mayor <br /> <br />City Clerk <br />(Seal) <br /> <br />CABARRUS COUNTY <br />By: /s/ Carolyn B. Carpenter <br /> Chairman <br /> <br />ATTEST: <br />/s/ Frankte F, Bonds <br />County Clerk <br />(Seal) <br /> <br /> UPON MOTION of Commissioner ?f. mmons, seconded by Commissioner Barnhart <br />with Commissioners Simmons, Barnhart, and Hamby and Chairman Carpenter voting <br />for and Commissioner Payee voting against, the Board voted to add to the agenda <br />a Water and Sewer Agreement proposal with the City of Concord. <br /> UPON MOTION of Commissioner Simmons, seconded by Commissioner Barnhart and <br />unanimously carried, the Board approved the following cover letter and Agreement <br />with the City of Concord to be executed by the Chairman and forwarded to the <br />City of Concord. <br /> December 3, 1991 <br /> The Honorable Bernie Edwards <br /> Mayor, City of Concord <br /> Post Office Box 308 <br /> Concord, North Carolina 28026-0308 <br /> <br />Dear Mayor Edwards: <br /> <br /> The Board of Commissioners approved on December 2, 1991 the <br />enclosed Water and Sewer Agreement. It offers a number of areas of <br />cooperation between both Cabarrus County's and Concord's utility <br />systems. <br /> The Agreement addresses three areas: water lines, a Water and <br />Sewer Authority and the Coddle Creek Reservoir. The Board of <br />Commissioners would ask that you consider the proposal carefully at <br />your next meeting. This proposal represents an important <br />opportunity for both of our Boards to accomplish an agreement of <br />historical importance that will greatly benefit both of our <br />constituents. <br /> The first area addressed would convey $844,990 worth of water <br />lines in the Old South and Carolando Subdivisions to the City of <br /> <br /> <br />