Laserfiche WebLink
1 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />AGENCY AGREEMENT <br />LOWER ROCKY RIVER AREA ELEMENTARY SCHOOL <br />THIS AGENCY AGREEMENT, effective , 2009, is executed by and between <br />the CABARRUS COUNTY BOARD OF EDUCATION (the "Board"), and the COUNTY OF <br />CABARRUS, NORTH CAROLINA, a political subdivision duly organized and existing under <br />and by virtue of the Constitution and laws of the State of North Carolina (the "County"); <br />WITNESSETH: <br />WHEREAS, the County has teased to the Board property located in Cabarrus County <br />for the purpose of constructing and operating an elementary school (the "Facilities") and more <br />particularly described in Exhibit A hereto (the "Site"), together with any additions, <br />modifications, attachments, replacements and parts thereof (the "Project"); and <br />WHEREAS, all acts, conditions and things required by law to exist, to have happened <br />and to have been performed precedent to and in connection with the execution and entering into <br />of this Agency Agreement do exist, have happened and have been performed, in regular and due <br />time, form and manner as required by law, and the parties hereto are now duly authorized to <br />execute and enter into this Agency Agreement; <br />NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE <br />MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN AND FOR OTHER <br />VALUABLE CONSIDERATION, THE PARTIES HERETO DO HEREBY AGREE AS <br />FOLLOWS; <br />Section I. Board to Act as Agent of the County. <br />The County hereby irrevocably appoints the Board as its agent in connection with the <br />construction and other accomplishment of the Project. The Board, as the agent of the County for <br />the foregoing purpose, shall cause the Facilities to be completed on or before the date or dates set <br />forth in the respective construction documents and otherwise in accordance with the respective <br />construction documents and any applicable requirements of governmental authorities and law. <br />The County and the Board agree that all amounts received by either of them as refunds of State <br />of North Carolina sales tax with respect to expenditures made in connection with the Project will <br />be deposited in the Acquisition and Construction Fund. <br />To the extent permitted by law, the Soard shall indemnify and save the County <br />harmless against and from all claitns by or on behalf of any person, firm, corporation or other <br />legal entity arising from the construction and other accomplishment of the Project; but the Board <br />is not obligated to pay the Installment Payments under the Installment Agreement or to <br />Page 1 of 5 <br />F-9 <br />Attachment number 4 <br />Page 226 of 286 <br />