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<br />AGENCY AGREEMENT (AMENDED AND RESTATED <br />Re: Bus Maintenance Facility -Union Cemetery Road SW <br />THIS AGENCY AGREEMENT (AMENDED AND RESTATED, entered into with an <br />intended effective date of August 18, 2008, is executed by and between the CABARRUS <br />COUNTY BOARD OF EDUCATION (the "Board"), and the COUNTY OF CABARRUS, <br />NORTH CAROLINA, a political subdivision duly organized and existing under and by virtue of <br />the Constitution and laws of the State of North Carolina (the "County"); <br />WITNESSETH: <br />WHEREAS, the County and the Board have previously entered into an Agency <br />Agreement Lease dated August 18, 2008, relating to development on the real property that is the <br />subject of this Agency Agreement (Amended and Restated), and after entering into that Agency <br />Agreement, the description of the real property within the scope of that Agency Agreement was <br />revised to accommodate construction requirements for the new facilities, and the Agency <br />Agreement needs to be revised to amend the legal description of the real property and to make <br />minor corrections and revisions to portions thereof. Therefore, the County and the Board have <br />entered into this Agency Agreement (Amended and Restated) to amend and restate the prior <br />Agency Agreement with the intent and understanding that this Agency Agreement (Amended <br />and Restated) shall replace the prior Agency Agreement and the prior Agency Agreement shall <br />be of no further force or effect. <br />WHEREAS, the County has leased to the Board property located in Cabarrus County <br />for the purpose of a bus maintenance facility (the "Facilities") and more particularly described in <br />Exhibit A hereto (the "Site"), together with any additions, modifications, attachments, <br />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 />WCSR 4071653v1 <br />F-10 <br /> <br />C <br />i <br />i <br /> <br /> <br />!I <br />ii <br />C <br /> <br />i] <br />i] <br />C <br /> <br />'J <br /> <br />n <br />Attachment number 4 <br />Page 150 of 320 <br />