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2008-012 AMS - Telesis Construction Management LLC (Library Building)
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2008-012 AMS - Telesis Construction Management LLC (Library Building)
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Last modified
4/19/2011 10:54:22 AM
Creation date
1/25/2010 4:47:01 PM
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BOCC
Date
1/15/2008
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4y
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Agenda - 01-15-2008-4y
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\Board of County Commissioners\BOCC Agendas\2000's\2008\Agenda - 01-15-2008
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15% of Purchaser's General Fund Budget debt service payments and 7% annual growth of Purchaser's <br />General Fund Budget. <br />SECTION 6. Construction of the Buffdin . <br />6.01 Subject to the terms, covenants and conditions set forth in this Agreement, Seller <br />shall construct, or cause to be constructed, a two story commercial building upon the Real Property <br />containing approximately 23,454 square feet (building footprint), the purpose of which building shall be to <br />serve as a public library (the "Building"). The shell of the Building and the exterior improvements to the <br />Real Property shall be constructed and completed substantially in accordance with the Construction <br />Agreement and the Contract Documents referenced therein. <br />6.02 At any time from and after the Date of Agreement and until the Closing, <br />Purchaser may enter upon the Real Property and perform, at the sole cost and expense of Purchaser (but <br />not in a manner which shall unreasonably disrupt or delay construction of the Building or the Interior <br />Upfit), such analysis, review, tests or inspections of the Real Property, including construction of the <br />Building and the Interior Upfit, or any other aspect of the Real Property as may be pertinent and material <br />to Purchaser in its sole and absolute discretion. <br />SECTION 7. Risk of Loss. Subject to the provisions hereof, the risk of loss or damage to the <br />Property occurring prior to Closing shall be borne by Seller. If the Property is damaged by fire, storm, wind <br />or other casualty prior to Closing, Seller shall give prompt written notice thereof to Purchaser. This <br />Agreement shall continue in effect notwithstanding the occurrence of such casualty and damage, and Seller <br />shall proceed forthwith to complete construction of the Building and site improvements with the proceeds <br />from all applicable casualty policies. Upon substantial completion, closing shall proceed as provided for <br />herein except the date for Closing shall be adjusted for the rebuilding subsequent to casualty. <br />SECTION 8. Eminent Domain and Assessments. Seller has not received any notice of any <br />pending condemnation, assessment or similar proceeding or charge affecting the Real Property or any portion <br />thereof and has no knowledge that any such proceeding or charge is contemplated. If Seller receives notice <br />of the commencement or threatened commencement of eminent domain or assessment or other like <br />proceedings against the Real Property or any portion thereof at any time between the Date of Agreement and <br />the Closing Date, Seller shall immediately notify Purchaser in writing, and Purchaser shall elect within ten <br />(10) days from and after such notice either: (a) to terminate this Agreement in which case this Agreement <br />shall terminate and be of no further force and effect; or (b) to close the transaction contemplated by this <br />Agreement in accordance with the terms hereof but subject to such proceedings, in which event the Purchase <br />Price shall not be reduced and Seller shall assign to Purchaser all of Seller's rights in any condemnation award <br />or proceeds. Purchaser shall deliver notice of its election to Seller in writing. If Purchaser does not make its <br />election within the aforesaid time period, Purchaser shall be deemed to have elected to close the transaction <br />contemplated hereby in accordance with clause (b) above. <br />SECTION 9. Representations and Warranties of Seller. Seller represents and warrants to <br />Seller (each of which representations and warranties shall be true as of the Date of Agreement and as of the <br />Closing) as follows: <br />9.01 Seller is a limited liability company duly organized, validly existing and in good <br />standing in accordance with the laws of the State of North Carolina. Seller has full right,. power and authority <br />to enter into this Agreement and to consummate the sale contemplated herein, all required action necessary to <br />authorize Seller to enter into this Agreement and to consummate the sale contemplated herein has been taken, <br />-6- <br />
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