BC 2010 04 05 Work Session - Laserfiche WebLink

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April 5, 2010 (Work Session) Page 1871 reviewed the primary terms of the proposed Agreement that was prepared by the County Attorney. Richard Koch, County Attorney, advised the Agreements for the cities should be identical; however, Concord expressed concerns with the bailment language contained in the document. He anticipated the matter would be resolved by the regular meeting. In response to a question from the Board, Mr. Downs affirmed this system will create a backup 911 system should the County's 911 system go down. UPON MOTION of Commissioner Mynatt, seconded by Vice Chairman Poole and unanimously carried, the Board voted to place the Interlocal Agreement between the Cities of Concord and Kannapolis for the 911 Call Center equipment on the April 19, 2010 Agenda as a Consent item. Commerce Department - Adequate Public Facilities Mitigation Agreement for Wexford Pointe Apartment Project Richard Koch, County Attorney, presented the following information related to a request for an Adequate Public Facilities Mitigation Agreement for the Wexford Pointe Apartment Project: Solstice Partners, LLC (106 Muir Woods Drive, Cary, NC 27513) is requesting an Adequate Public Facilities Mitigation Agreement for the Wexford Pointe Apartment project, which consists of 106 multi-family units on +/- 8.73 acres located off Davidson Highway in the City of Concord. The Cabarrus County Board of Commissioners approved a Reservation of Capacity for the Wexford Pointe Apartment project. on September 21, 2009. A Development Order and site plan approval for the Wexford Pointe Apartment project was issued by the City of Concord Planning and Zoning Commission on December 15, 2009. An Adequate Public Facilities Mitigation Agreement is required for the project to proceed. Board of Commissioner Action Option: Consider approval of the Adequate Public Facilities Mitigation Agreement with the conditions outlined below: 1. All 106 multi-family apartment unit permits may be issued as early as December 31, 2009. 2. Solstice Partners, LLC shall pay the Voluntary Mitigation Payment of $4,153.00 per unit. A lump sum payment for all 106 units in the amount of $440, 218.00 will be due prior to the issuance of the first building permit. UPON MOTION of Commissioner Mynatt, seconded by Chairman White and unanimously carried, the Board voted to place the Adequate Public Facilities Mitigation Agreement for the Wexford Pointe Apartment Project on the April 19, 2010 Agenda as a Consent item. Commerce Department - Consent Agreement for Hawthorne Subdivision Project Richard Koch, County Attorney, presented the following information related to a request for a Consent Agreement for the Hawthorne Subdivision Project: a Consent Agreement was entered into with the developer with a build-out schedule for 104 lots on approximately 82 acres between 2008 and 2011; nothing in the project has been built; the bank that financed the construction of the infrastructure foreclosed on the project and has taken title to the property through a subsidiary; the bank has hired a consultant to get the project off the ground; the bank and its subsidiary will be the project developer; the bank has asked to be assigned the existing Consent Agreement; a new agreement will be needed between the County and the bank; the original developer offered to pay a $6,000.00 Voluntary Mitigation Payment (VMP) per lot, which was more than the required payment of $4,034.00 VMP per lot for that project; the Board approved the original Consent Agreement which was signed and recorded; the bank is willing to pay that same amount and to enter into a Consent Agreement with the County under the same