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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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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
3/15/2004
Board
Board of Commissioners
Meeting Type
Regular
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3. Environmental Warranties and Representations. In addition to any other representations and warranties prowded <br /> the Applicant by the Landowner with respect to the Property, Landowner represents and warrants to the County <br /> and the Applicant that the Property is not currently and to the best knowledge of the Landowner after due <br /> investigation, has never been in violation of any federal, state or local laws, rules, regulations, or ordinances pertaining <br /> to environmental matters of any kind or nature and to the best of Landowner's knowledge, no adjoining property is or <br /> has ever been in violation of any federal, state or local laws, rules, regulations or ordinances pertaining to <br /> environmental matters of any kind or nature. <br /> <br /> 4. Obligation to Purchase. Notwithstanding any term or condition of this or any other agreement regarding the Property, <br /> no term or condition of this Agreement or any other agreement shall be construed to require Applicant to purchase the <br /> Property in the event:. {1) Landowner is in default under this or any other agreement by and between Applicant and <br /> Landowner with regard to the Property; or (2) Applicant is not the recipient of the full amount of the Funds under the <br /> Program. Furthermore, no term or condition of this or any other agreement shall be construed to impose a duty, <br /> express or implied, upon the County or the Department to award the Funds or any portion thereof to the Applicant. <br /> <br /> 5. Landowner understands that in the event the Landowner is in default under the terms and conditions of Exhibit B, if <br /> any Landowner representations and warranties set forth herein are false or misleading, or in the event Applicant is <br /> not the recipient of the full amount of the Funds, neither Applicant nor the County is under any express or implied <br /> obligation whatsoever to purchase the Property. <br /> <br /> 6. Miscellaneous. This agreement shall be governed by the laws of the state of North Carolina. For purposes of <br /> enforcement of this Agreement, the parties agree to the exclusive jurisdiction of the courts of Cabarrus County, North <br /> Carolina without application of any conflicts of laws provisions of any jurisdiction. Paragraph headings are for <br /> convenience only and shall not be deemed to be a controlling part of this Agreement. In the event any provision of this <br /> Agreement is deemed for any reason to be unenforceable, the remaining provisions shall remain in full force and <br /> effect. No party hereto may assign this Agreement without the express prior written consent of the other parties <br /> hereto. However, this Agreement shall be deemed binding upon any successor in interest to the Landowner and any <br /> other permitted successors and/or assigns of the parties. No provision of this or any other agreement shall be <br /> construed to imply a joint venture, partnership or agency agreement between or among the parties hereto. <br /> <br />LANDOWNER: APPLICANT: <br /> <br />By' .(Seal) By' <br /> <br />Name: Name: <br />Title: Title: <br />READ AND AGREED TO: <br /> <br />CABARRUS COUNTY, NORTH CAROLIINA <br /> <br />,(Seal) <br /> <br />By: <br /> <br />Name: <br /> <br />Title: Director/Assistant Director, Parks and Recreation Department of Cabarrus County <br />This instrument has been audited in accordance with the Local Government Budget and Fiscal Control Act. By: <br /> _, Pam DuBois, Finance Director, Cabarrus County, North Carolina <br /> <br /> <br />
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