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Extract -Interlocal Agreement Regarding the Central Area Land Use Plan <br />In consideration of these Premises and the Terms below, and the provisions of N.C. Gen. <br />Stet.§160A-460 et seq., which the parties acknowledge make this Interlocal Agreement binding <br />and enforceable, the parties agree as follows. <br />TERMS <br />1. The parties agree to use their best efforts to jointly plan for growth in Concord's <br />Utility Service Area, particularly in the geographic area included in the Central Area Plan and <br />located outside of the Concord's planning and zoning jurisdiction. Such planning shall take into <br />consideration the goals of fiscally responsible growth management, rural preservation, protection <br />of farmland, preservation of natural areas, conservation, sustainable development and the impact <br />of the extension of water and sewer utility services with its resultant likely increase in <br />development intensity in that Area. No wording in this paragraph shall be construed to mean that <br />the County has acquired any additional powers to control, manage or direct growth in those areas <br />within the municipal boundaries of and the extraterritorial jurisdiction of Concord. <br />2. The parties agree to jointly adopt the same CAP for the Central Area outside of <br />the planning and zoning jurisdictions of the Cities of Concord and Kannapolis but only within the <br />Utility Service Area of Concord. Pursuant to the Amended Agreement, the parties have been <br />working on the proposed CAP, which work is being developed and coordinated by LandDesign. <br />The parties agree that the CAP will be diligently completed and then forthwith approved by each <br />of the parties pursuant to the procedures provided in the respective ordinances of the parties. <br />Specifically, the parties agree that each wil! submit the CAP for consideration to their respective <br />planning and zoning boards no later than the regularly scheduled August, 2008 meeting for each <br />such board (or at the next regularly scheduled meeting if the August meeting is not convened for <br />lack of a quorum) and that the CAP will be considered by their respective governing boards no <br />later than the next regularly scheduled meeting for each board after the respective planning and <br />zoning boards refer the CAP to their respective boards for consideration. The parties <br />acknowledge that each must adopt the same CAP in order for this Interlocal Agreement to <br />accomplish its purposes. The County agrees to assume primary responsibility for finalizing the <br />CAP and initiating any zoning changes as a result in areas outside the extra-territorial zoning <br />jurisdiction of the City. The draft CAP map is attached at Exhibit B. <br />3. The parties have agreed on two areas in the Utility Service Area referred to as <br />Areas "A" and "B" . The location of these areas is shown on a map attached as Exhibit A and, <br />incorporated by reference. The line dividing the two areas is referred to as the Utility Service <br />Boundary ("USB"). For all those properties located in Area B the parties agree that Concord at <br />its sole option may extend utility service to owners and developers of such properties. For all <br />those properties located within Area A, Concord shall not extend water and sewer utilities except <br />for those for which Concord has already entered into a construction contract or for extensions <br />required by an emergency, including but not limited to failing on-site waste water treatment <br />systems or failing on-site water wells; or either to (i) properties located within Concord municipal <br />limits or ETJ, or (ii) to individual buildings adjacent to wastewater or water lines as either may <br />exist on Tune 30, 2008. Concord and the County do consent to the extension of utilities to <br />development owned and operated by the federal, state, county or municipal governments, or to <br />"dmploytnent centers" as shown on the CAP now or through amendment approved by both <br />Concord .and the County, or to regional utility lines such as a water pipeline from the Yadkin <br />River basin to Concord. <br />Page 2 of 4 <br />F-14 Page 144 <br />