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1993 - 02-15-93 Regular Meeting
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1993 - 02-15-93 Regular Meeting
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3/26/2009 8:49:11 AM
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Minutes
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Board of Commissioners
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5~ ~%<U <br />coo~i 15 ~„cF <br />STATE OF NORTH CAROLINA <br />COUNTY OF LEE <br />ADDENDUM NO. 2 TO <br />WATER PURCHASE CONTRACT <br />This addendum to a contract for the sale and purchase of water <br />between the parties dated June 1, 1987, was entered into on the <br />day of February, 1993, by and between the County of Lee, a <br />body both politic and corporate of the State of North Carolina, whose <br />mailing address is in care of the County Manager, P.O. Box 1968, <br />Sanford, North Carolina, 27331-1968, hereinafter referred to as <br />"Seller", and Golden Poultry Company, Inc., a corporation organized <br />and existing under the laws of the State of Georgia, whose address is <br />P.O. Box 2210, Atlanta, Georgia, 30301-2210, hereinafter referred to <br />as the "Purchaser"; <br />WITNESSETH: <br />WHEREAS, the parties hereto entered into a contract for the sale <br />and purchase of water on June 1, 1987, which water was produced by a <br />third party and resold by the Seller to the Purchaser; and <br />WHEREAS, Seller began supplying water to Purchaser pursuant to <br />said contract on April 19, 1989; and <br />WHEREAS, the parties entered into Addendum No. 1 to this water <br />purchase contract on April 20, 1992; and <br />WHEREAS, the Seller has contracted with the third party for the <br />purchase of the water treatment facility which supplies the water <br />which is used by the Purchaser; and <br />WHEREAS, both parties have concluded that it is to the mutual <br />benefit of both that the Seller acquire such facility to simplify the <br />production and supplying of water; and <br />WHEREAS, the parties desire to modify the original contract <br />entered into by them on June 1, 1987, and have mutually agreed to do <br />so. <br />NOW, THEREFORE, in consideration of the premises and the mutual <br />promises herein made, the parties have agreed as follows: <br />(1) So much of Paragraph 5 of Part A entitled "Seller Agrees" <br />on page 2 of said contract which reads as follows "Seller agrees that <br />Purchaser shall have and be accorded first priority among users of <br />Sellers water system for water supply and services to its facility, <br />except for water supply required by county to fight fires or to <br />address other public hazards or risk to public health." be stricken <br />and deleted from said contract. <br />IN WITNESS WHEREOF, the parties, acting under the authority of <br />their respective governing bodies, have caused this instrument to be <br />
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