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March 24, 2008 (Regular Meeting) Page 767 Commissioner Carruth MOVED to table the Salloum Ventures, LLC - Sale of Former First Union Bank Building until the April 21, 2008 regular meeting. Commissioner Privette seconded the motion. Mr. Downs stated the next item on the agenda is a request to not close until May 15, 2008. Commissioner Carruth withdrew his MOTION. There was a brief discussion. The County Attorney reported the resolution will be ready by the April meeting and has to be adopted prior to transferring title. UPON MOTION of Commissioner Carruth, seconded by Commissioner Privette and unanimously carried, the Board voted to table Salloum Ventures, LLC - Sale of Former First Union Bank Building until the April 21, 2008 regular meeting. (G-S) Former First Union Bank Building - Salloum Ventures, LLC - Buyer Possession Before Closing Agreement On behalf of Sallom Ventures, LLC, Mike Downs, Deputy County Manager, presented two requests related to the sale of the former First Union Bank Building: (1) to extend the closing for an additional 30 days - to May 15, 2008, and in lieu of paying $5,000.00 fee for extending the closing date, Mr. Salloum will accept the property in its current condition without further requests for repairs; and (2) Mr. Salloum has committed to holding an event in the building prior to closing on the property and is asking for permission to occupy and up-fit the building. Mr. Downs reported Mr. Salloum will insure all of the work and any items placed inside the structure and the County will insure the building and any county assets. Mr. Downs responded to questions from the Board. Richard M. Koch, County Attorney, stated it is not common to give a buyer possession of the property before closing, but it is done through an agreement like the one that was distributed to the Board. He also addressed two minor changes to the agreement related to the written notice and possession period of 90 days. Mr. Downs clarified that Mr. Sallom is asking to occupy the building for 90 days. At the end of the 90 days, he said if Mr. Sallom has not closed on the building, they have to vacate. The current agreement, he said allows an additional 180 days in 30-day increments to extend the closing date. Although he is hopeful for a May 15 closing date, there may be a need to extend the closing an additional 30 or 60 days. Commissioner Carruth questioned the lack of general liability coverage. Sam Salloum, of Salloum Ventures, LLC, that delayed the closing on the building. He scheduled for May 18, 2006 and stated his repair the chandeliers. He emphasized that made and that he has already contacted his and workers' compensation coverage. commented on the circumstances reported a wedding reception is intent to paint the lobby and no structural repairs would be insurance carrier for liability Mr. Salloum responded to questions from the Board. Chairman White requested the following language be added to Paragraph No. 3: "without seller's written permission". UPON MOTION of Commissioner Mynatt, seconded by Vice Chairman Juba and unanimously carried, the Board approved the Buyer Possession before Closing Agreement between Salloum Ventures, LLC, and Cabarrus County with minor changes and authorized the County Manager and County Attorney to execute the agreement. (H) APPOINTMENTS (H-1) Adult Care Home Community Advisory Committee UPON MOTION of Commissioner Carruth, seconded by Vice Chairman Juba and unanimously carried, the Board voted to remove Cherita Jones Thomas from roster of the Adult Care Home Community Advisory Committee for failure to complete the required orientation and training. (H-2) Agricultural Advisory Board