AG 1999 11 15 - Laserfiche WebLink

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322 Cabarrus County Board of Education for the 1.7 acre land tract adjacent to the new Earrisburg Elementary School property. STATE OF NORTH CAROSINA COUNTY OF CABARRUS LAND USE AGREEMENT This LAAID USE AGREEMENT, pursuant to the terms and conditions of the North Carolina General Statutes, Chapter 160A, Article 20, is entered into on the __ day of , 1999, by and between the }~kRRISBURG YOUTH ASSOCIATION, a North Carolina non-profit corporation (the "Youth Association") , the COUNTY OF CABARRUS, a body politic and political subdivision of the State of North Carolina (the "County"), and the CABARRUS COUNTY BOI%RD OF EDUCATION, a body politic and school administrative unit of the State of North Carolina (the "Board"), hereafter collectively referred to as "the Parties". W I TNE S S ETE: WHEREAS, the County and the Board recognize the importance of youth sports in this community and wish to ~dvance opportunities for local youths to participate in sports activities; WHEREAS, the Youth Association is a corporation organized under the North Carolina Non Profit Corporation Act with the designated purpose of providing the youths of Harrisburg the opportunity to participate in organized athletics; WHEREAS, the Youth Association is the o~rner in fee simple of certain property north of, but not adjacent to, Stallings Road and adjoining property o~ed by the Board {the "Association Property"); WHEREAS, the Association property was purchased for the sole purpose of having built upon the adjoining lands owned by the Board in conjunction with the Association Property a complex consisting of four (4) baseball fields and other physical buildings necessary for the operation of the same (collectively the "Complex"); WHEREAS, the Board similarly wishes to have the Complex constructed under the condition that the Board have the right to review and approve the architectural design of any and all buildings necessary for the operation of the Complex so as to maintain the architectural theme of the nearby school; WHEREAS, the Youth Association wishes to direct the construction of the Complex as indicated above and wishes to receive authorization from the Board prior to commencing such construction; WHEREAS, the County is willing to provide funding and assistance for the construction of the Complex as shall be authorized by the County Commissioners and wishes to receive authorization from the Board and the Youth Association prior to initiating such assistance; and WHEREAS, the Youth Association desires to transfer their land interest in the Association Property to the Board at the end of a five year period corresponding with the term of an existing purchase money mortgage on the Association Property; NOW, THEREFORE, in consideration of the aforesaid exchange of interests in the Association Property, and the mutual terms, covenants and conditions set forth herein, the Parties agree as follows: I. Purpose The Purpose of this agreement is to establish the fundamental duties of each of the Parties to ensure that construction of the Complex is facilitated by receiving the authorization of all land owners for the commencement of construction of the same and that the transfer of the land is effectuated according to the timetable set forth herein. II. Term of A~reement This agreement shall commence upon the appropriate ratification and execution of this document by the Parties and their governing boards, and shall terminate five (5) years from the date thereof or upon the filing with the Cabarrus County Register of Deeds a not/ce of satisfaction relieving the Youth Association of indebtedness due under the Deed of Trust upon the Association Property dated __ and filed with the Cabarrus County Register of Deeds on at . After said time period or upon filing of the aforesaid notice Of satisfaction, the Board shall be responsible for the maintenance and operation of the Complex. III. Undertakin~s of the County The County hereby agrees to provide assistance in the construction of the Complex as shall be authorized from time to time by the Cabarrus County Commissioners. The County makes no commitments, express or implied, as to the extent of the assistance which will be offered. [Should the Youth Association be unable to make necessary payments upon the Deed of Trust on the Association Property, the County shall have the right to assume the payments