AG 2004 03 15 - Laserfiche WebLink

Home Browse Search

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