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400 <br /> <br /> 13. NOTICES: Any notice required or desired to be given under this <br />Agreement shall be deemed given if in writing sent by Certified Mail to his <br />residence in the case of WITHERSPOON, or to its principal office in the case of <br />CABARRUS. <br /> 14. ENTIRE AGREEMENT. This Agreement contains the entire understanding and <br />agreement of the parties and shall be binding upon and shall inure to the <br />benefit of the heirs at law and personal representatives of WITHERSPOON. It may <br />be changed only by an agreement in writing signed by the parties. <br /> 15. ASSIGNMENT: This Agreement shall not be assigned by either party. <br /> IN WITNESS WHEREOF, CABARRUS has caused this Agreement to be signed and <br />executed on its behalf by the Chairman of its Board of Commissioners and duly <br />attested by its Clerk, and WITHERSPOON has signed and executed this Agreement, <br />this 16th day of December, 1991. <br /> <br />/s/ John V. Witherspoon <br /> <br />John V. Witherspoon <br /> <br />(SEAL) <br /> <br />ATTEST: <br />/s/ Frankie F. Bonds <br /> <br />Clerk <br /> <br />CABARRUS COUNTY <br />By: /s/ Carolyn B. Carpenter <br /> Chairman <br /> Board of Commissioners <br /> <br />APPROVED AS TO FORM: <br />/s/ Fletcher L. Hartsell, Jr. <br /> County Attorney <br /> <br />This instrument has been pre- <br />audited in the manner required by <br />the Local Government Budget and <br />Fiscal Control Act. <br />/s/ Blair D. Bennett <br /> <br />Finance Director <br /> <br /> In regards to Agenda Item U-2, Airport Settlement Agreement, Chairman <br />Carpenter objected to the proposed airport at the Poplar Tent site and stated <br />in her opinion the airport should be a project voted on by the taxpayers. <br />However, she expressed the need for the Board to resolve the matter and to <br />proceed with other items of County business. <br /> UPON MOTION of Commissioner Hamby, seconded by Commissioner Payne with <br />Commissioners Hamby, Payne, and Barnhart voting for and Chairman Carpenter <br />voting against, the Board approved the following Settlement Agreement between <br />Cabarrus County and the City of Concord. <br /> <br /> Contract ~ <br />Date Approved by BOG 12/16/91 <br /> <br />NORTH CAROLINA <br />CABARRUS COUNTY <br /> <br />SETTLEMENT AGREEMENT <br /> <br /> THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement"), <br />made and entered into as of the latter of the dates of governing board approvals <br />set forth hereinafter, by and between the CITY OF CONCORD, a municipal <br />corporation (hereinafter referred to as "Concord"); and CABARRUS COUNTY, a <br />political subdivision of the State of North Carolina (hereinafter referred to <br />as "Cabarrus County"); <br /> W I T N E S S E T H: that -- <br /> WHEREAS, certain disputes and differences have arisen between Concord and <br />Cabarrus County, with regard to two (2) agreements, the first entitled <br />"Agreement Relative to the Construction, Operation and Maintenance of an <br />Airport," dated November 30, 1990, by and between Cabarrus County and Concord <br />(hereinafter referred to as the "Airport Contract"), and the second entitled <br />"Agreement to Construct and Maintain Water and Sewer Lines to that Area of <br />Cabarrus County Commonly Known as 'Kings Grant'," dated November 30, 1990, by <br />and between Cabarrus County and Concord (hereinafter referred to as the "Water <br />and Sewer Contract"); and <br /> WHEREAS, such disputes and differences have given rise to that lawsuit, <br />captioned "City of Concord v. Cabarrus County," bearing File No. 90 CVS 02291, <br />in the General Court of Justice, Superior Court Division, Cabarrus County, North <br />Carolina, and currently docketed in the North Carolina Court of Appeals as No. <br />9119SC502 (hereinafter referred to as the "Litigation"); and <br /> <br /> <br />