AG 1997 12 15 - Laserfiche WebLink

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431 This agreement is entered into pursuant ~o Article 20 of Chapter 160A of the North Carolina General Statutes, Interlocal Cooperation, Part 1, G.S. § 160A-460 et seq. and is for the joint exercise of powers as provided herein. Now therefore, the County and Board of Education agree as follows: (1) The purpose of the agreement is to allow the County to submit refund claims to the State of North Carolina under G.S. § 105-164~14 and other applicable laws for sales taxes paid to the State by the County on personal property purchased by the County for the Board of Education for the construction and equipping of school buildings for the benefit of the Board of Education on real property owned by the County, and receive refunds of such sales taxes paid by the County, (2) As authorized by G. S. § 153A-158.1 (d), the Board of Education will convey to the County by deed fee simple title to the real property sites set forth in Exhibit A attached hereto and incorporated for the purpose of erection of school buildings or additions to school buildings upon these sites. The contracts for the erection of school buildings or additions to school buildings shall be entered into and administered by the Board of Education, including architect contracts and personal property acquisition associated with arid to be used in the constructed school buildings or additions. The Board of Education shall act as the County's designated representative for this purpose with full authorization until the completion of the school buildings and acquisition of personal property for the sites. (3) The deeds from the Board of Education to the County of the real property described in Exhibit A shall each contain automatic title reverter clauses whereby the title to the real property site automatically reveres by operation of law to the Board of Education upon substantial completion of the construction on each site, as evidenced in writing by the architect and the Board of Education, or upon termination of this agreement, whichever occurs first. A written certificate of substantial comple~ion signed by the architect and thc Chairma~ of thu Board of EducatLon, or written affidavits from the Architect and the Chairman of the Board of Education, shall be sufficient to trigger automatic reversion. (4) The County Finance Director and the School Finance Officer are authorized to agree as to the method of making periodic payments to the construction contractors for work performed and to administer these arrangements on behalf of the County and the Board of Education respectively. (5) The County Manager and the School Superintendent are authorized to administer this agreement on behalf of the County and the Board of Education respectively as necessary. The Board of Commissioners and the Board of Education may periodically add sites to Exhibit A for inclusion in this agreement. (6) This agreement shall continue until terminated by either governmental unit upon thirty (30) days prior written notice of termination to the other. Upon termination, title to all property listed in Exhibit A shall automatically revert to the Board of Education. (7) Personnel of the County and the Schools are to execute the undertaking of this agreement within funds made available by the County and the Board of Education for this purpose. In Witness Whereof the County and the Board of Education have set their hands and seals as of the date set forth above. Cabarrus County By: Attest: Chairman, Board of Co~nissioners (County Seal)