Orange County NC Website
3 <br />NORTH CAROLINA OPTION TO PURCHASE <br />This Option to Purchase made on ~ 2 ~ ~ between TRLANGLE COMMiJNIT' <br />FOUNI1rATION, hereinafter referred to as Seller, to C LINTY OF ORANGE, NORTA CAROLINA, hereinafti <br />referred to as Buyer. <br />WITNESSETH, that the Seller, for and in consideration of the sum of ELEVEN THOUSAND AN <br />NO/100s DOLLARS ($11,000.00) (hereinafter referred to as "Option Money's to them in hand paid by the Buye <br />receipt of which is hereby acknowledged, does hereby give and grant unto the Buyer, their heirs, assigns, c <br />representatives, the exclusive right and option to purchase all of that certain plot, piece, or parcel of land togethE <br />with all improvements thereon, located in the County of Orange, State of North Carolina, and more particular] <br />described as that portion of the 390.91 acre tract described on Exhibit A which is located entirely in Little Itivf <br />Township, Orange County, North Carolina (hereinafter referred to as the Property'. At the time of the exerci: <br />of this option, Buyer may exercise its option to purchase, alternatively, the entire plot, piece, or parcel of land, le: <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 shall exist and continue unti15:00 P.M. EST on May 3.1.2000.. <br />2. Exercise. At anytime during the option period, Buyer may exercise this option by hand delivery or depos <br />of written notice by certified or registered mail, return 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 27709 <br />3. Contract Upon Exercise. Upon exercise, the terms of purchase and sale shall be as set forth on Exhibit <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 i <br />the purchase price at closing, if this option is exercised. If this option is not exercised, the Option Mone <br />will be retained by Seller, except as provided in S.A. below. <br />5. Other Conditions. <br />A. The parties hereto acknowledge that Durham County, North Carolina will enter into an Option ~ <br />Purchase all of the Tract described on Exhibit "A" which is located entirely in Durham Count; <br />North Carolina If Durham County does not exercise the aforesaid option, then this Option, unle: <br />otherwise agreed to by Orange County and the Seller, will be null and void and the Option Mone <br />shall be refunded to Orange County. <br />B. A Phase I Environmental Study will be conducted by the Buyer, at Buyer's expense, and shall 1: <br />completed on or before 5:00 p.m. May 31, 2000. If the Phase I Environmental Study revea <br />conditions which disqualify the Buyer from receiving Clean Water Trust Fund grants for tl• <br />_ property, then the Option Money shall be refunded to Buyer and the Option shall be ternrinated. <br />C. Buyer agrees to pay for and complete by May 1, 2000 the survey required to prepare the exhibit 1 <br />the Offer to Purchase and Contract, which survey will locate precisely the property being purchase. <br />If Buyer elects not to purchase the 26 acre tract, then Buyer agrees that the survey will loca~ <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. o~ <br />May 31, 2000. <br />E. The Seller agrees to allow the Buyer access to the Property for inspecting, planning, design and fur <br />raising purposes. <br />F. The Buyer agrees to involve the Seller in future publicity and public relations events concerning th <br />Property to a level mutually agreed upon by the Seller and the Buyer. <br />