AG 2001 06 18 - Laserfiche WebLink

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attomeys fees, documentary stamps, transfer taxes and closing and other expenses relating to the conveyance of the Property to the Buyer shall be paid by the Buyer. 7. ..Possession, Possession of the Property shall be given to the Buyer at Closing. 8. Real Estate Commissions. The Seller and the Buyer each warrant and represent to the other that it has not used the services of any broker, agent or finder who would be entitled to a commission on account of this Contract or the consummation of the transactions contemplated hereby and each agrees to defend, indemnify and save the other harmless bom any commission or fee which may be payable to any broker, agent or finder with whom the indemnifying party has dealt in connection with this Contract. 9. .$.ewer Line Dispute. The Seller owns a sewer line which runs fi.om a manhole on its joint property line with Stallings Farm subdivision and which services the Harrisburg Elementary School owned by Seller. The Buyer owns the manhole. Seller has executed an Agreement in.which it agreed not to allow most adjoining landowners to "tap on" to the sewer line. Buyer acknowledges that it has received a copy of this Agreement. The parties believe there may be questions as to the enforceability of the Agreement. However, Buyer and its assigns, agree and warrant that they will not '~ap on" to the existing sewer line. Buyer agrees, as additional consideration for the purchase of the Property, to indemnify and hold harmless Seller from all claims for damages or other relief arising out of the Agreement or the transfer of the Property. Buyer agrees to pay all costs of litigation, including attorneys fees, reasonably incurred by Seller in defending any action brought to enforce or seek damages for breach of the Agreement or seeking to set aside the transfer of the Property. 10. Restrictions on Use of Property. The Buyer agrees that the Property so conveyed shall not be developed and shall be used as an open space or greenway. Such restrictions shall be noted on the deed of conveyance and shall run with the land. The Buyer Shall be allowed to construct and maintain utilities on the Property which are primarily underground. 11. Authority to Contract. This Contract is specifically authorized by North Carolina G-enerai Statute § 160A-274 as a purchase and sale between governmental units. 12. Right of First Refusal. The Cabarrus County Board of Commissioners possess a right of first refusal to purchase the Property, pursuant to North Carolina General' Statutes §115C-518. The parties understand and agree that the Seller's obligation to convey this Property is expressly conditioned upon release of this right of first refusal by the Cabarrus County Board of Commissioners. 13. Notices. All notices required or provided in this Contract, if hand delivered, shall be deemed to have been given and received on the date hand delivered to the party receiving the same. If the United States mails are used, notices shall be sent certified or registered moil, return receipt requested, postage prepaid and shall be deemed to have been given and received on the third business day I~om the date deposited in the United States mails addresses as follows: To Sellers: Caharms County Board of Education 660 Concord Parkway North Concord, North Carolina 28027