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EXTRACT FROM MINUTES OF BOARD OF COMMISSIONERS OF <br />THE COUNTY OF CABARRUS, NORTH CAROLINA <br />The Board of Commissioners for the County of Cabarrus, North Carolina, met in regular <br />session in the Commissioners' Meeting Room in the Cabarrus County Governmental Center in <br />Concord, North Carolina, the regular place of meeting, at _:_ p.m., on October 18, 2010, with <br />, Chairman, presiding. The following Commissioners were: <br />PRESENT: <br />ABSENT: <br />ALSO PRESENT: <br />* * * * * * * * * * <br />RESOLUTION REQUESTING REALLOCATION OF RECOVERY ZONE <br />BOND AUTHORITY TO CABARRUS COUNTY <br />WHEREAS, the American Recovery and Reinvestment Act of 2009 (the "Act ") <br />amended the Internal Revenue Code of 1986, as amended (the "Code ") by authorizing the <br />issuance of recovery zone economic development bonds ( "RZED Bonds ") to finance "qualified <br />economic development purposes" (as defined in Section 140OU -2 of the Code) and recovery <br />zone facility bonds ( "RZF Bonds" and, collectively with the RZED Bonds, "Recovery Zone <br />Bonds ") to finance "recovery zone property" (as defined in Section 140OU -3 of the Code), each <br />subject to the limitations set forth in the Code; <br />WHEREAS, the Board of Commissioners (the "Board ") of the County of Cabarrus, <br />North Carolina (the "County"), by resolution adopted on October 18, 2010, has designated the <br />entirety of the County as a "recovery zone" in accordance with the provisions of Section 1400U- <br />1 of the Code; <br />WHEREAS, the County, through the issuance of RZF Bonds, desires to assist a private <br />corporation with financing a portion of the costs of acquisition, rehabilitation, improvement and <br />renovation of an existing facility located in the County and various related improvements thereto, <br />including, without limitation, the acquisition and installation of machinery and equipment related <br />thereto (the "Project "), which collectively is expected to cost approximately $750,000,000; <br />WHEREAS, the County has no existing allocation of RZF Bond authority; <br />WHEREAS, under the provisions of Article 51 B of Chapter 143 of the General Statutes <br />of the State of North Carolina, as amended by Session Law 2009 -140 of the North Carolina <br />General Assembly, the North Carolina Federal Tax Reform Allocation Committee (the <br />"Committee ") is given the authority to determine whether the allocations of RZF Bonds are <br />being waived and in the event of such waiver to determine reallocations of such waived <br />allocations; <br />Page 549 <br />G -5 <br />