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COUNTY of CABARRUS ECONOMIC DEVELOPMENT <br />NORTH CAROLINA AGREEMENT <br />THIS ECONOMIC DEVELOPMENT AGREEMENT is dated as of May , 2009 <br />(as supplemented or amended, the "Agreement"), and is between 390 BUSINESS <br />BOULEVARD, LLC, a North Carolina Limited Liability Company ("COMPANY") and the <br />CABARRUS COUNTY, A NORTH CAROLINA BODY POLITIC, a municipal corporation <br />of the State of North Carolina (the "COUNTY"). <br />RECITALS: <br />The purpose of this Agreement is to describe certain incentives to be provided by the <br />COUNTY to COMPANY pursuant to N.C. Gen. Stat. § 158-7.1, et seq. in connection with <br />COMPANY'S construction of a speculative industrial shell building within the geographic limits <br />of the COUNTY: <br />NOW, THEREFORE, for and in consideration of the mutual promises and covenants <br />contained in this Agreement, the parties agree as follows: <br />ARTICLE I <br />COMPANY'S COMMITMENTS <br />In return for the assistance and consideration being provided by the COUNTY under <br />the terms of this Agreement, COMPANY agrees as follows: <br />1.01. Make $7,800,000 Investment in Real Property <br />COMPANY will spend at least $7,800,000 within 24 months of the Agreement Date on <br />capital costs related to the construction of a speculative industrial shell building to be located at <br />390 Business Boulevard NW, Concord, NC 28027 (further described as Cabarrus County <br />Property Identification Number (PIN) 5601513457, otherwise known as the "Facility"). <br />COMPANY will provide to the COUNTY such information evidencing compliance with this <br />requirement as the COUNTY may reasonably request. COMPANY will provide the requested <br />information promptly after request from the COUNTY. <br />1.02. Construct, Open, and Market "Facility". <br />(a) COMPANY must construct and market the Facility, consisting of a <br />speculative industrial shell building of approximately 177,000 square feet. The <br />Page 1 of 14 S/IS/200Qttachment number 5 <br />Page 233 of 315 <br />G-1 <br />