Orange County NC Website
3_ a3 ~o~ <br />c~~~ P~~ <br />' 3 <br />NORTH CAROLINA OPTION TO PURCHASE <br />This Option to Purchase made on 1~. ? Z~~ `, between TRTANGLE COM1VlITNITY <br />FOiJNDATION, hereinafterrefened to as Seller, to O UNTY OF ORANGE, NORTH CAROLINA, hereinafter <br />referred to as Buyer. ~ <br />VJITNESSETH, that thc Seller, for and in consideration of the sum of ELEVEN THOUSAND AND <br />NO/100s DOL~,ARS ($11,000.00) (hereinafter referred to as "Option Mone}~~ to them in hand paid by the Buyex, <br />receipt of which is hereby acknowledged, does hereby give and grant imto the Buyer, their heirs, assigns, or <br />representatives, the exclusive right and option to purchase all of that certain plot, piece, or parcel of land together <br />with all improvements thereon, located in the County of Orange, State of North Cazolina, and more particulariy <br />described as that portion of the 390.91 acre tract described on Exhibit A which is located entirely in Little River <br />Township, Orange County, North Cazolina (hereinafier referred to as the Property"). At the time of the excrcise <br />of this option, Buyer may exercise its option to purchase, aitematively, the entire plot, piece, or pazcel of land, less <br />and except that 26 acre tract shown on Exhibit B, under the same terms as conditions. <br />The terms and conditions of this option are as follows: <br />Term, This option sha11 exist and continue unti15:04 P.M. EST on Mav 31. 2000. <br />2. Exercise. At any time during the option peziod, Buyer may exercise tYris oprion by hand delivery or deposit <br />of written notice by certified or registered mail, retum receipt requested, to Seller at the following address: <br />Mr. Fred Stang <br />Triangle Community Foundation <br />100 Park Offices, Suite 209 <br />P. O. Box 12834 <br />Research Triangle Park, North Carolina 277Q9 <br />Contract Upon Exercise. Upon exercise, the tezms of purchase and sale shall be as set forth on Exhibit C <br />attached hereto, and incorporated herein by reference. <br />4. Application of Option Money. The consideration paid for this option, above set forth shall be applied to <br />the purchase pzice at closing, if this option is exercised. If this option is not exercised, the Option Money <br />will be retain.ed by Se11er, except as provided in S.A. below. <br />Other Conditions. <br />A. The parties hereto aclmowiedge that Durhazn County, North Carolina will enter into an Option to <br />Purchase all of the Tract descnbed on Exhibit "A" which is located entireIy in Durham County, <br />North Carolina. If Durham Coimty does not exercise the aforesaid option, then this Option, unless <br />otherwise agreed to by Orange County and the Seller, will be null and void and the Option Money <br />stl~ll be refizuded to Orange County. <br />B. A Phase I Environmental Study will be conducted by the Buyer, at Buyer's expense, and shall be <br />completed on or before 5:00 p.m. May 31, 2000. If the Phase I Environmental Study reveals <br />conditions which disqualify the Buyer from receiving Clean Water Trust Fund grants for the <br />property, then the Option Money shall be refunded to Buyer and the Option shall be terminated. <br />C. Buyer a~ees to pay for and complete by May 1, 2000 the survey required to prepare the exhtbit to <br />the Offer to Purchase and Contract, which survey will locate prxisely the property being purchased. <br />If Buyer eleets not to purchase the 26 acre tract, then Buyer agrees that the survey will locate <br />precisely the 26 acre tract, essentially along the lines shown on Exhibit " B". <br />D. Buyer must notify Seller of its intent to omit the 26 acre tract from the purchase by 5:00 p.m. on <br />May 31, 2000. • <br />E. The Seller agrees to allow the Buyer access to the Property for inspecting, planning, design and fund <br />raising purposes. <br />F. The Buyer agrees to involve the Seller in future publicity and public relations events conceming the <br />Property to a level mutually agreed upon by the Seller and tbie Buyer. <br />N.C. Bar Asooc. form No. 8~ 1977 <br />• PrimeC DY Mreement wfN Ma N.C. Bar Atsee. YW3 <br />