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December 15, 2003 Page 317
<br />
<br /> At 7:23 p.m., Chairman Freeman opened the public hearing for comments on
<br />the proposed sale of Parcels A, B and C. The Notice of Public Hearing was
<br />published in THE INDEPENDENT TRIBUNE on December 4, 2003.
<br />
<br /> There was no one present to address the Board, and Chairman Freeman closed
<br />the public hearing.
<br />
<br /> UPO~4OTIO~ of Con~iss~oner Prlvette, seconded by Commissioner Carruth and
<br />unanimously carried, the Board adopted the following Resolutions.
<br />
<br /> RESOLUTION OF
<br />CABARRUS COUNTY, NORTH CAROLINA
<br />APPROVING THE CONTRACT FOR SALE WITH
<br />FFC LIMITED PARTNERSHIP
<br />
<br />Resolution No. 2003 - 39
<br />
<br /> WHEREAS, Cabarrus County, North Carolina (the "County") is a fully and
<br />regularly created, organized and existing corporation of the State of North
<br />Carolina, existing as such under and by v~rtue of the Constitution, statutes and
<br />laws of the State of North Carolina; and
<br />
<br /> WHEREAS, the Cabarrus County Board of Conunlss~oners (the "Commissioners")
<br />has the power, pursuant to North Carolina General Statutes, Section 158-7.1 to
<br />convey interests in property by private negotiation and may subject the property
<br />to such covenants, conditions and restrictions as the County deems to be in the
<br />public interest or necessary to carry out the purposes of that Section; and
<br />
<br /> WHEREAS, the Commissioners hereby determine that the sale to FFC Lim/ted
<br />Partnership (the "Purchaser") of approximately 1.0 acres of land of the former
<br />County Fairgrounds property (the "Project") will stimulate the local economy,
<br />promote business and result in the creation of a ~ubstantial number of jobs in
<br />the County; and
<br />
<br /> WHEREAS, for the purpose of accomplishing the sale of the Pro3ect, the
<br />Commissioners have determined that it is in the best interest of the County that
<br />the County and the Purchaser enter into a Contract for Sale dated on or about
<br />October 24, 2003 (the "Contract") to provide for the sale by the County to the
<br />Purchaser of the Project; and
<br />
<br /> WHEREAS, the commissioners hereby determine that a public hearing
<br />concerning the proposed sale of the Project to the Purchaser, after publication
<br />of notice with respect to such public hearing, was duly held on December 15, 2003
<br />at 6:30 p.m. in the commissioners Chamber, Cabarrus County Governmental Center,
<br />65 Church Street, SE, Concord, North Carolina; and
<br />
<br /> WHEREAS, the Cor~alssloners hereby determine that the fair market value of
<br />the title to the Project is $432,000 per useable acre and that the conslderatmon
<br />to be paid to the County by the Purchaser, is not less than said fair market
<br />value; and ~
<br />
<br /> WHEREAS, the County hereby detelTaines that the sale of said property will
<br />stimulate the economy by providing 45 Jobs at an average annual wage of $10667;
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Cabarrus
<br />County, North Carolina, that form and content of the contract shall be and the
<br />same hereby are in all respects authorized, approved and confirmed, and the
<br />Chairman of Cabarrus County, the county Manager of the County and the County
<br />Clerk shall be and they hereby are authorized, empowered and directed to execute
<br />and deliver the Contract, including necessary counterparts, in substantially the
<br />form and content presented to the Commissioners, but w~th such changes,
<br />modifications, additions or deletions therein as shall to them and County Legal
<br />Counsel seem necessary, desirable or appropriate, their execution thereof to
<br />constitute conclusive evidence of their approval of any and all changes,
<br />modifications, additions or deletions therein from the form and content of the
<br />Contract presented to the Conm~ssloners, and that from and after the execution
<br />and delivery of the Contract, the Chairman of the County Conmh%ssloners, the
<br />County Manager of the County and the County Clerk are hereby authorized,
<br />empowered and directed to do all such acts and things and to execute all such documents
<br />as may be necessary to carry out and comply with the provisions of the Contract
<br />as executed;
<br />
<br /> BE IT FURTHER RESOLVED, that the Chairman, the County Manager, the County
<br />Clerk and the Finance Director of the County are hereby authorized, en~owered and
<br />directed to do any and all other acts and execute any and all documents necessary
<br />to consummate the transactions contemplated by this Resolution and the Contract,
<br />Including anything required by (1) the specific provisions of this resolution,
<br />(b) the specific provisions of the Contract, (c) any agreement to which the
<br />County is bound, (d) any rule or regulation of the County or (3) any applicable
<br />law, statute, ordinance, rule or regulation of the United States of America or
<br />the State of North Carolina;
<br />
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