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AG 2004 03 15
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AG 2004 03 15
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Last modified
3/9/2006 9:19:10 PM
Creation date
11/27/2017 11:37:27 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
3/15/2004
Board
Board of Commissioners
Meeting Type
Regular
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Attachment F <br /> <br /> P.O, Rox 707~ Concord, NC 2~02&-0707 <br />TOHINg INCENTIVE gRANT ACQUISITION FOR <br /> Fiscal Year 2004 - ~005 <br /> <br />This Landowner Agreement is entered into effective the day of ,20__by <br /> (*either an individual residing at , North Carolina or <br /> , a North Carolina corporation/limited liability company/partnership, with its principal place of business at <br /> North Carolina .) (hereafter, the "Landowner'); Cabarrus County, · <br />North Carolina, with its principal place of bus~ness at 65 Church Street, Concord, North Carolina 28025 (the "County"); and <br /> , a North Carolina non-profit corporation with its principal place of business at <br /> North Carolina ~.("Applicant"). <br /> <br />WHEREAS, Landowner is the sole and exclusive owner in fee simple of the real estate and all improvemen{s thereon located <br />at , North Carolina totaling approximately __acres and more particularly <br />described in Exhibit A ~;ttached hereto and incorporated herein (hereafter, the "Property") (*need to attach a legal metes and <br />bounds description of the real property as Exhibit A); and <br /> <br />WHEREAS, Applicant and Landowner jointly and severally represent to the County that Applicant and Landowner have <br />entered into a conditional purchase agreement for Applicant's purchase of the Property, conditioned upon, among other th~ngs, <br />Landowner's agreement to sell the Property for an aggregate purchase price of $ and Applicant's <br />approval for receipt of funds in the aggregate amount of $ (the "Funds") pursuant to the County Matching Grants <br />Incentive Program for the County's fiscal year 20 -20 , offered by the County through the County Parks and <br />Recreation Department (the "Department"), (hereafter, the above referenced Matching Grants Incentive Program may be <br />referred to as the "Program"); and <br /> <br />WHEREAS, Applicant hereby represents to Landowner that Applicant has applied for or will timely apply for receipt of the <br />Funds pursuant to the Program in order to purchase the Property; and <br /> <br />WHEREAS, Landowner hereby represents to the Applicant and the County that it is aware of and agrees to the restrictive <br />uses for the Property that will be ~mposed by the County on the Applicant's use of the Property in order for Applicant to be <br />considered for award of the Funds; and <br /> <br />WHEREAS, Landowner understands that the Department must evaluate all applications for Program funds, which are awarded <br />on a limited basis, and that Applicant may or may not be granted the Funds pursuant to the Program. <br /> <br />NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the sufficiency of which is <br />hereby acknowledged, the parties agree as follows: <br /> <br />Guarantee of Purchase Price to Applicant/Title to Property. Landowner and Applicant represent and warrant to <br />the County that they have agreed, respectively, to the sell and purchase the Property for an aggregate purchase pdce <br />of $. (the "Purchase Price") upon the terms and conditions more fully set forth in the purchase agreement <br />by and between the Landowner and the Applicant, which is attached hereto as Exhibit B and incorporated as if more <br />fully set forth herein. Such terms and conditions include, without limitation, a provision that Landowner is the sole and <br />exclusive owner of the Property and has the sole and exclusive unencumbered right to transfer fee simple title to the <br />Applicant by North Carolina General Warranty Deed, free and clear of all encumbrances whatsoever except for ad <br />valorem property taxes not yet due and payable. <br /> <br />Right to Purchase. Landowner represents and warrants to the County and Applicant that the Purchase Pdce and <br />Applicant's right to purchase the Property shall remain in effect until the Department releases the names of the <br />recipients of the Program funds. The Department warrants and represents that it will use its best efforts to announce <br />the recipients of the Program funds no later than ,20__. <br /> <br />]? <br /> <br /> <br />
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