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AG 2011 08 15
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AG 2011 08 15
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Last modified
8/16/2011 9:32:21 AM
Creation date
11/27/2017 11:16:35 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/15/2011
Board
Board of Commissioners
Meeting Type
Regular
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Environmental Warranties and Representations. In addition to any other representations and warranties provided <br />the Applicant by the Landowner with respect to the Property, Landowner represents and warrants to the County <br />and the Applicant that the Property is not currently and to the best knowledge of the Landowner after due <br />investigation, has never been in violation of any federal, state or local laws, rules, regulations, or ordinances pertaining <br />to environmental matters of any kind or nature and to the best of Landowner's knowledge, no adjoining property is or <br />has ever been in violation of any federal, state or local laws, rules, regulations or ordinances pertaining to <br />environmental matters of any kind or nature. <br />Obligation to Purchase. Notwithstanding any term or condition of this or any other agreement regarding the Property, <br />no term or condition of this Agreement or any other agreement shall be construed to require Applicant to purchase the <br />Property in the event: (1) Landowner is in default under this or any other agreement by and between Applicant and <br />Landowner with regard to the Property; or (2) Applicant is not the recipient of the full amount of the Funds under the <br />Program. Furthermore, no term or condition of this or any other agreement shall be construed to impose a duty, <br />express or implied, upon the County or the Department to award the Funds or any portion thereof to the Applicant. <br />5. Landowner understands that in the event the Landowner is in default under the terms and conditions of Exhibit B, if <br />any Landowner representations and warranties set forth herein are false or misleading, or in the event Applicant is <br />not the recipient of the full amount of the Funds, neither Applicant nor the County is under any express or implied <br />obligation whatsoever to purchase the Property. <br />Miscellaneous. This agreement shall be governed by the laws of the state of North Carolina. For purposes of <br />enforcement of this Agreement, the parties agree to the exclusive jurisdiction of the courts of Cabarrus County, North <br />Carolina without application of any conflicts of laws provisions of any jurisdiction. Paragraph headings are for <br />convenience only and shall not be deemed to be a controlling part of this Agreement. In the event any provision of this <br />Agreement is deemed for any reason to be unenforceable, the remaining provisions shall remain in full force and <br />effect. No party hereto may assign this Agreement without the express prior written consent of the other parties <br />hereto. However, this Agreement shall be deemed binding upon any successor in interest to the Landowner and any <br />other permitted successors and /or assigns of the parties. No provision of this or any other agreement shall be <br />construed to imply a joint venture, partnership or agency agreement between or among the parties hereto. <br />LANDOWNER: APPLICANT: <br />By : (Seal) By : (Seal) <br />Name: <br />Title: <br />READ AND AGREED TO: <br />CABARRUS COUNTY, NORTH CAROLIINA <br />By: <br />Name: <br />Title: Director, Parks Department of Cabarrus County <br />Name: <br />Title: <br />This instrument has been audited in accordance with the Local Government Budget and Fiscal Control Act. By: <br />, Pam DuBois, Finance Director, Cabarrus County, North Carolina <br />17 <br />Attachment number 7 <br />F -7 Page 180 <br />
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