BC 1991 12 02 - Laserfiche WebLink

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387 and content of such replacement grant shall be as counsel for Concord and Cabarrus County shall agree and it shall be accompanied by an opinion letter from both counsel that it is enforceable in accordance with its terms. The terms of such replacement grant shall be finalized and approved by Concord and Cabarrus County prior to the execution of an instrument rescinding the disputed Water and Sewer Contract; and (c) Assignment. Within ninety (90) days of the establishment of the Authority outlined in Paragraph 4, Concord shall assign all of its right, title and interest in and to the replacement grant (including the $1.5 million in grant money and any interest accrued thereon not yet paid over to Cabarrus County) to the Authority, and the Authority shall assume full responsibility for performing the replacement grant in the place and stead of Concord; provided that if, in the interim, Concord shall have advertised for bids for the construction of the Kings Grant sewer interceptor identified in the Water & Sewer Contract, and within sixty (60) days of the opening of the bids shall have awarded a bid therefor, no such assignment shall occur, but upon completion of such interceptor, Concord shall transfer all its right, title and interest therein, including all rights-of-way or easements therefor, to the Authority. 6. Reciprocal Agreement Modifications. Pursuant to Section 10 of the Reciprocal Agreement, Cabarrus County and Concord agree to amend the Reciprocal Agreement by adding a new paragraph 13, which shall read as follows: 13. Water/Sewer Extension Moratorium. (a) Cabarrus County agrees that upon written notice from the Concord Board of Aldermen that Concord is considering a specific water/sewer extension, Cabarrus County shall not, for a period of one hundred eighty (180) days from the date of the notice, exercise its absolute right and privilege to connect to the City of Concord water and sewer system in any manner which would interfere with or adversely affect the extension identified by Concord in the notice. Any proposed connection by Cabarrus that would be within 1500 feet in any direction from the extension identified by Concord is hereby deemed to interfere with and adversely affect that extension. The original 180 day moratorium cannot be extended by the Concord Board of Aldermen for any facility within the 1500 foot radius for a period of 180 days from the expiration of the original moratorium except as follows: The Cabarrus County Board of Commissioners may grant an extension of the moratorium provided that Concord provides evidence that significant progress has been made toward the proposed extension in the original notice. Significant progress is deemed to mean acquisition of right-of-way, detailed plans and specifications for construction of said facilities, permits to construct said facilities from appropriate state and federal agencies or actual beginning of construction of said facilities. (b) Concord agrees that upon written notice from Cabarrus County that Cabarrus County is considering a specific water/sewer extension, Concord shall not, for a period of one hundred eighty (180) days from the date of the notice, exercise its absolute right and privilege to connect to Cabarrus County water and sewer system in any manner which would interfere with or adversely affect the extension identified by Cabarrus County in the notice. Any proposed connection by Concord that would be within 1500 feet in any direction from the extension identified by Cabarrus County is hereby deemed to interfere with and adversely affect that extension. The original 180 day moratorium cannot be extended by the Cabarrus County Board of Commissioners for any