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Agenda - 10-17-2017 - 6-c - Orange County Southern Branch Library Development Agreement
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Agenda - 10-17-2017 - 6-c - Orange County Southern Branch Library Development Agreement
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10/12/2017 4:00:29 PM
Creation date
11/1/2017 10:16:50 AM
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BOCC
Date
10/17/2017
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6c
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14 <br /> shared amenities at the Property. Because the Parties are exempt from paying ad <br /> valorem taxes, the typical procedure of apportioning each tenant a share of those <br /> taxes assessed against common areas is not applicable. <br /> L. During hours when the Library is not being used by the County, the County <br /> will agree to allow its parking spaces to be used by the public. <br /> M. The Town secures environmental regulatory approval from NC DEQ prior to <br /> the commencement of construction or provides reasonable security to <br /> cover the Town's environmental responsibilities until regulatory approval is <br /> obtained. <br /> N. Consistent with the scope of each Parties responsibilities hereunder, all <br /> necessary and appropriate construction and crane easements will be secured by <br /> the Town and County from all adjacent landowners. <br /> ARTICLE VII <br /> Representations And Warranties <br /> The Town and the County each represent to the other to the best of their respective <br /> knowledge: <br /> A. The Town and the County have all requisite power and authority to execute <br /> this Agreement, and any other instruments required to be delivered by the <br /> Town or the County hereunder. <br /> B. The Town's and the County's entry into this Agreement will not violate any <br /> private restriction or agreement or, to the best of the Town's or the County's <br /> knowledge without investigation or inquiry, any applicable statute, ordinance, <br /> governmental restriction or regulation. <br /> C. During the Term, the Town will not execute or create any lease, contract, option, <br /> easement, covenant, condition, restriction, lien or encumbrance with respect to <br /> the Property or any portion thereof without the written consent of County <br /> unless the same is terminable upon no more than sixty (60) days written notice, <br /> or otherwise may be cleared on or before any Closing or Lease Commencement <br /> Date that may be contemplated in any Contract that may be entered into between <br /> the Town and the County, or that otherwise will be subordinated to the County's <br /> potential ground lease. <br /> D. There is no pending or threatened action, litigation, bankruptcy, <br /> condemnation, or other proceeding of any kind pending against the Town or <br /> the County which materially adversely affects the Property. <br /> E. No broker, finder or other intermediary is involved in the transaction <br /> contemplated by this Agreement, and that no brokerage fee or commission is <br /> 12 <br />
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