HomeMy WebLinkAboutC.054.93011_0445 (2)County has complied, or will comply, with all applicable public bidding requirements with
respect to the Project, including, without limitation, Article 8 of Chapter 143 of the General
Statutes of North Carolina.
Payment of Proiect Costs. The County shall pay all Project Costs.
Title. Title to the Site and any and all additions, repairs, replacements or modifications thereto
shall be in the County from and after the date of execution and delivery of this Agreement.
Simultaneously with the execution and delivery of this Agreement, the County shall deliver the
Deed of Trust in form satisfactory to the Lender. Upon payment in full of all of the County's
obligations hereunder, including all other payments due hereunder, the Lender shall cancel the
Deed of Trust and this Agreement will terminate.
Construction of Proiect. In the event Implementation of the Project shall include the
construction of improvements to or on a Site, the County shall comply with and agree to the
following:
Completion Date. The County agrees to use its best efforts to Implement the Project on or before
December 31, 2005 (the "Completion Date"). The County may make such changes in the
Project as it deems necessary or appropriate to cause the Project to be completed for a cost
within the Advance; provided, however, that no change may be made in the Project which would
result in its use for other than the intended purpose as described in Exhibit A. In the event of a
change in the Project which would render materially inaccurate the description in Exhibit A
hereto, the County shall provide to the Lender a revised Exhibit A for attachment hereto which
accurately reflects the Project, as so changed.
Construction. The County shall comply with the provisions of Article 8 of Chapter 143 of the
General Statutes of North Carolina and enter into one or more contracts with a contractor or
contractors relating to the construction and renovation of the Project (whether one or more, the
"Construction Contract". The County shall cause the construction to be carred on continuously
in accordance with the plans and specifications and with all applicable ordinances and statutes,
and in accordance with the requirements of all regularly constituted authorities having
jurisdiction over same. The County shall require that all work be done in a workman -like
manner and that only new materials be utilized. The County shall cause the Project to be
constructed entirely on the Site and shall ensure (i) that the Project does not encroach upon or
overhang any easement or right-of-way and (ii) that the Project, when erected, will be wholly
within any applicable building restriction lines, however established, and will not violate
applicable zoning, land use or other restrictions or applicable protective covenants. The County
shall cause all utility lines, septic systems and streets serving the Site to be completed in
accordance with health department standards and other applicable regulations of any
governmental agency having jurisdiction.
Right of Entry and Inspection. The Lender and its representatives and agents shall have the right
to enter upon the Site and inspect the Project and the improvements thereto during normal
business hours with reasonable notice, during and after construction, and the County will cause
any contractor or sub -contractor to cooperate with the Lender and its representatives and agents
during such inspections. The Lender shall have the right to review the plans and specifications
and other construction documents relating to the Project.
No right of inspection or approval contained herein shall be deemed to impose upon the
Lender any duty or obligation whatsoever to undertake any inspection or to make any approval.
No inspection made or approval given by the Lender shall be deemed to impose upon the Lender
any duty or obligation whatsoever to identify or correct any defects in the improvements or to
notify any person with respect thereto, and no liability shall be imposed upon the Lender and no
warranties (either express or implied) are made by the Lender as to the quality or fitness of any
improvement, any such inspection and approval being made solely for the benefit of the Lender.
Completion of Construction.
The County represents that, based upon (A) its examination of the Site, the Construction
Contract and the related plans and specifications, (B) estimated construction and equipment costs
provided by licensed architects and engineers, and (C) the anticipated configuration of the
Project, the Project can be constructed and equipped for a total price within the total amount of