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STATE OF NORTH CAROLINA AD HOC MODIFICATION OF CITY <br /> OF THE CONCORD-CABARRUS COUNTY <br /> INTERLOCAL AGREEMENT REGARDING <br /> COUNTY OF CABARRUS THE CENTRAL AREA PLAN <br /> (Garmon) <br /> This AD HOC MODIFICATION OF THE CONCORD-CABARRUS COUNTY <br /> INTERLOCAL AGREEMENT REGARDING THE CENTRAL AREA PLAN("the <br /> "Modification")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("County")and the WATER AND SEWER <br /> DISTRICT OF CABARRUS COUNTY("District"). <br /> RECITALS <br /> 1. On June 28,2008,these same parties entered into an"Interlocal Agreement" <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. <br /> 4. The parties have also had specific discussions about a parcel owned by Jacob <br /> Bradley Garmon and Jessica Whitley Airheart(collectively"Garmon"), who wish to construct a <br /> single family home on that parcel,which is located in Area A of the Interlocal Agreement. <br /> Pursuant to the terms of the Interlocal Agreement,the CAP prohibits Concord from extending <br /> utilities to 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 modify the Interlocal Agreement to allow a limited amount of <br /> development in areas where utilities already exist or are reasonably available. <br /> 6. The purpose of this Amendment is to modify the Interlocal Agreement to the <br /> limited extent of addressing the above-described circumstance involving Garmon's parcel. <br /> In consideration of the above Recitals and the Terms below,which the parties specifically <br /> acknowledge and agree make this Modification legally binding and enforceable,the parties agree <br /> as provided below. <br /> TERMS <br /> 1. Concord agrees to provide water utility services under its normal and customary <br /> terms and conditions to Garmon's property located at 4200 Ponderosa Lane (PIN 5651 14 7676). <br /> 2. Except as specifically changed by this Modification,the provisions of the <br /> Interlocal Agreement shall remain in full force and effect. <br /> Page 1 of 2 Attachment number 1 \n <br /> G-2 Page 128 <br />