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366
<br />
<br /> Chairman Lentz removed Agenda Item 11 regarding the Building Inspection
<br />fees.
<br /> Chairman Lentz recessed the meeting until the conclusion of the meeting
<br />of the Board of Commissioners for the Water and Sewer District of Cabarrus
<br />County.
<br />Chairman Lentz reconvened the meeting of the Board of Commissioners.
<br />The motion by Commissioner Moss and seconded by Commissioner Hamby to
<br />bring the new County office building back up for a vote and look at the idea
<br />of putting it on a referendum to the people failed with Commissioners Moss
<br />and Hamby voting for and Chairman Lentz and Commissioners Melvin and Payne
<br />voting against.
<br /> Mr. Fletcher L. Hartsell, Jr., County Attorney, reported that action was
<br />started on this date seeking declaratory judgment against the new County
<br />office building. Stating pending litigation would delay the construction of
<br />the building as financing for the project could not be completed, Mr.
<br />Hartsell asked for direction from the Board as to whether or not to file a
<br />motion in court to seek a bond from the petitioners in this proceeding. He
<br />explained that the bond of approximately $80,000.00 to $100,000.00 would
<br />provide a way for the County to recover costs if the litigation proceeds and
<br />the financing cannot be obtained.
<br /> UPON MOTION of Commissioner Melvin, seconded by Chairman Lentz with
<br />Commissioners Melvin and Payne and Chairman Lentz voting for and Commis-
<br />sioners Moss and Hamby voting against, the Board instructed Mr. Fletcher L.
<br />Hartsell, Jr., County Attorney, to file a motion in court to seek a bond in
<br />regards to petitioners in the proceeding against the County office building.
<br /> UPON MOTION of Commissioner Payne, seconded by Chairman Lentz and
<br />unanimously carried, the Board approved the following Amendment to the Lease
<br />Agreement with John M. Barnhardt for office space for the Home Health Agency.
<br />
<br />STATE OF NORTH CAROLINA
<br />COUNTY OF CABARRUS
<br />
<br /> MODIFICATION
<br /> TO
<br />LEASE AGREEMENT
<br />
<br /> This Agreement, made this the 6th day of May, 1988, by and between John
<br />M. Barnhardt, hereinafter called "Lessor," and Cabarrus County, a political
<br />subdivision of the State of North Carolina, hereinafter called "Lessee."
<br />
<br />WITNESSETH:
<br />
<br /> That whereas, the parties hereto entered into a written agreement on the
<br />1st day of October, 1986, whereby Lessor agreed to construct an office area
<br />on his real property located on McCachern Boulevard Southeast, Concord,
<br />Cabarrus County, North Carolina, for use by the Cabarrus County Home Health
<br />Agency;
<br />
<br /> And Whereas, Lessee agreed, in Article C, Section 2 of said Agreement to
<br />pay Lessor an annual amount equivalent to $7.50 per square foot for the
<br />demised area actually constructed;
<br />
<br /> And Whereas, Article C of said Agreement stated that as soon as the
<br />exact square footage of said premises was determined, the parties would
<br />execute a formal lease agreement;
<br />
<br /> And Whereas, on the 10th day of April, 1987, the parties did, in fact,
<br />enter into a formal lease agreement;
<br />
<br /> And Whereas, Article one (1) of said Lease Agreement mistakenly stated
<br />that the premises contained an area of 40 feet by 70 feet or 2,800 square
<br />feet;
<br />
<br /> And Whereas, based on 2,800 square feet, Lessee agreed, by its prior
<br />agreement of $7.50 per square foot, to pay an annual sum of Twenty-One
<br />Thousand Dollars ($21,000) as rent for said premises;
<br />
<br /> And Whereas, subsequent to the execution of said Lease Agreement, dated
<br />April 10, 1987, Lessor discovered that the area of the demised premises was,
<br />in fact, 42 feet by 70 feet or 2,940 square feet instead of 2,800 square feet
<br />as was thought at the time of said Lease Agreement;
<br />
<br />
<br />
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