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December 15, 2003 i~ Page 318
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<br /> BE IT FURTHER RESOLVED, that from and after the execution and delivery of
<br />the documents herelnabove authorized, the Chairman, the County Manager, the
<br />County Clerk and the Finance D~rector of the County are hereby authorized,
<br />empowered and d~rected to do all such acts and th~ngs and to execute all such
<br />documents as may be necessary to carry out and comply with the provisions of said
<br />documents as executed, and are further authorized to take any and all further
<br />actions to execute and deliver any and all other documents as may be necessary
<br />· n the executlon and delivery of the Contract; and
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<br /> BE IT FURTHER RESOLVED, that if any section, phrase or provision of th~s
<br />Resolution shall for any reason be declared to be invalid, such declaration shall
<br />not affect the validity of the remainder of the section, phrases or provisions
<br />of this Resolution.
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<br />This Resolution shall become effective on the date of its adoption.
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<br />Adopted December 15, 2003
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<br />ATTEST:
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<br />/s/ Frankle F. Bonds
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<br />Frankie F. Bonds, County Clerk
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<br />Board of Commissioners
<br />Cabarrus County
<br />North Canolina
<br />/s/ Robert M. Freeman
<br />
<br />Robert M. Freeman, Chalrman
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<br /> RESOLUTION OF
<br />CABARRUS COUNTY, NORTH CAROLINA
<br />APPROVING THE CONTRACT FOR SALE WITH
<br />CENTDEV PROPERTIES LLC
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<br />Resolution No. 2003 - 40
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<br /> WHEREAS, CabarruS County, North Carolina (the "County") ~s 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
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<br /> WHEREAS, the Cabarrus County Board of Commissioners ("Commissioners") has
<br />the power, pursuant to North Carolina General Statutes, Section 158-7.1 to convey
<br />interests in property by prlvate negotlatlon and may subject the property to such
<br />covenants, conditions and restrictions as the County deems to be ~n the public
<br />interest or necessary to carry out the purposes of that Section; and
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<br /> WHEREAS, the Cormm~ss~oners hereby detera~ne that the sale to Centdev
<br />Properties LLC (the "Purchaser") of approximately 2.5 acres of the former County
<br />Fairgrounds property (the "Project") will stlmulate the local economy, promote
<br />bus~ness and result in the creatlon of a substantial number of lobs in the
<br />County; and
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<br /> WHEREAS; ~or the purpose of accomplishing the sale of the Project, the
<br />Commissioners have determined that it ~s 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 />Dece~aber 15, 2003 (the "Contract") to provide for the sale by the County to the
<br />Purchaser of the Project; and
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<br /> WHEREAS, the Commissioners hereby deterTalne 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 Cor~nlssloners Chamber, Cabarrus County Governmental Center,
<br />65 Church Street, SE, Concord, North Carolina; and
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<br /> WHEREAS, the Co~m~lssioners hereby determine that the fair market value of
<br />the title to the Pro3ect is $200,000 per useable acre and that the conslderatlon
<br />to be paid to the County by the Purchaser ~s not less than sald fair market
<br />value; and
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<br /> WHEREAS, the County hereby deter~n~nes that the sale of said property w~ll
<br />stimulate the economy by providing 15-20 jobs as an average hourly wage of $9;
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<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 />Chalrman 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 Cormmlssioners, but with such changes,
<br />modifications, additions or deletions thereln as shall to them and County Legal
<br />Counsel seem necessary, desirable or appropriate, their executlon the&eof to
<br />constitute conclusive evidence of thelr approval of any and all changes,
<br />modiflcatlons, additions or deletions thereln from the form and content of the
<br />Contract presented to the Commissioners, and that from and after the execution
<br />and delivery of the Contract, the Chairman of the County Commiss~oners, the
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