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STATE OF NORTH CAROLINA AMENDMENT TO CITY OF CONCORD- <br /> CABARRUS COUNTY INTERLOCAL <br /> AGREEMENT REGARDING <br /> COUNTY OF CABARRUS THE CENTRAL AREA PLAN <br /> This AMENDMENT TO CITY OF CONCORD-CABARRUS COUNTY <br /> INTERLOCAL AGREEMENT REGARDING THE CENTRAL AREA PLAN("the <br /> "Amendment")is entered into effective as of the last date of execution by the parties as shown <br /> below,by,between and among the CITY OF CONCORD ("Concord"),a North Carolina <br /> municipal corporation,CABARRUS COUNTY("Co uAo ATER AND SEWER <br /> DISTRICT OF CABARRUS COUNTY("District"). <br /> RECITALS <br /> 1. On June 28,2008,these same parties terlocal Agr eement" <br /> regarding the implementation of the Central Area Plan( CAP ). <br /> 2. This Interlocal Agreement was to continue in effect for a period of 15 years and <br /> contemplated a review of the efficacy of the Interlocal Agreement every 5 years. <br /> 3. The parties have had discussions about specific issues and parcels affected by the <br /> CAP since the execution of the Interlocal Agreement, although no amendment to the Interlocal <br /> Agreement has been agreed upon. <br /> 4. The parties have also had specific discussions about a parcel owned by Robby <br /> Faggart through RGF MHP, LLC ("Faggart"),who obtained a conditional use permit from the <br /> County in 1999 to develop a mobile home park in Area A of the Interlocal Agreement. Pursuant <br /> to the terms of the Interlocal Agreement,the CAP prohibits Concord from extending utilities to <br /> real property parcels in Area A <br /> 5. The CAP and the Interlocal Agreement have been successful in redirecting <br /> residential development into other areas of Cabarrus County,but there are instances in the Central <br /> Area in which it makes sense to amend the Interlocal Agreement to allow a limited amount of <br /> development in areas where utilities already exist or are reasonably available. <br /> 6. The County formally requested that Concord consider an amendment to the <br /> Interlocal Agreement regarding the Faggart property. <br /> 7. The purpose of this Amendment is to modify the Interlocal Agreement to the <br /> limited extent of addressing the above-described issue. <br /> In consideration of the above Recitals and the Terms below,which the parties specifically <br /> acknowledge and agree make this Amendment legally binding and enforceable,the parties agree <br /> as provided below. <br /> TERMS <br /> 1. Concord agrees to provide water and sewer utility services under its normal and <br /> customary terms and conditions to Faggart's property located at 4451 U.S. Highway 601 South <br /> (PIN 5548-37-1808),but only to the extent of and consistent with the conditional use permit <br /> Page 1 of 2 Attachment number 1 \n <br /> G-5 Page 161 <br />