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AG 2010 10 18
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AG 2010 10 18
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Last modified
11/15/2011 8:59:39 AM
Creation date
11/27/2017 11:23:37 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
10/14/2010
Board
Board of Commissioners
Meeting Type
Regular
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STATE OF NORTH CAROLINA <br />COUNTY OF CABARRUS AMENDMENT TO AGREEMENT <br />THIS AMENDMENT TO OFFER TO PURCHASE AND CONTRACT ( "Amendment ") is <br />made and entered into this day of October, 2010 by and between CABARRUS CONTY <br />( "Buyer ") and HELEN MESIMER ( "Seller "). <br />The parties (and Seller's deceased spouse Everette Mesimer) entered into an Option to <br />Purchase and Contract ( "Agreement ") dated December 15, 1986 for the sale by Seller to Buyer of <br />the "Property" (as defined in the Agreement) located on the south side of Mooresville Highway, <br />known as Parcel 54A of the Coddle Creek Reservoir Project in Kannapolis, North Carolina for the <br />"Purchase Price" (as defined in the Agreement) of $8,000.00. <br />The parties desire by this document to amend the Agreement to allow Seller or Seller's heir <br />Kenneth R. Mesimer to repurchase a portion of the Property. <br />In consideration of the above recitals and the terms and conditions contained below, the <br />parties agree as follows: <br />1. Section 6(d) of the Agreement is amended by deleting "ten (10) years" and <br />substituting in its place the following: <br />In the event that Buyer, or its assigns, determines that all or any portion of the subject <br />property is unnecessary for public use at any time within thirty (30) years of Closing and final <br />payment and is, therefore, excess property, Buyer hereby grants Seller, or their heirs, but not their <br />assigns, a first right of refusal to repurchase all, or any portion of such "excess" property, at the <br />rate of $2,906.13 per acre. <br />2. Except as specifically modified by this Amendment, the provisions of the <br />Agreement shall remain in full force and effect. In the event of a conflict between a provision of <br />the Agreement and a provision of this Amendment, the Amendment provision shall control. <br />The provisions of this Amendment shall survive the Closing. <br />In WITNESS, this Amendment was executed the day and year first written above. <br />SELLER: <br />HELEN MESIMER <br />BUYER: <br />CABARRUSCOUNTY <br />IM <br />1 <br />Attachment number 3 <br />F -6 Page 122 <br />
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