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September 20, 2010 (Regular Meeting) Page 138 <br />Section 9. Copies of this grant ordinance shall be made available to the <br />Budget Officer and the Finance Director for directions in carrying out this <br />project. <br />ADOPTED this 20 day of September, 2010 contingent upon receipt of the Grant <br />Agreement. <br />CABARRUS COUNTY BOARD OF COMMISSIONERS <br />By: /s/ H. Jay White, Sr. <br />H. Jay White, Sr., Chairman <br />ATTEST <br />/s/ Kay Honeycutt <br />Clerk to the Board <br />(G -2) EDC - Approval of Revised Economic Development Grant Agreement for <br />LKN /ACN and Public Hearing - 6:30 P.M. <br />Richard Koch, County Attorney, reported in 2007, a grant agreement was <br />approved for LKN /ACN with reference to their purchase of the old <br />CTC /Windstream building on Progress Place. LKN /ACN planned to purchase the <br />existing building, upfit it and buy new equipment in connection with that <br />transaction. The original grant agreement provided for incentive grants <br />equal to 99 percent of the increase and assessed value for a period of five <br />years. Since this project was located in Concord, he said there was a like <br />grant approved by the Concord City Council and the total amount of those <br />grants would be matched dollar- for - dollar by the One North Carolina Fund up <br />to a maximum of $300,000.00. Due to the nature of the real estate being an <br />existing building as opposed to new construction and its relative value, the <br />ability to maximize that grant, in order to obtain the maximum match from the <br />One North Carolina Fund, was not able to come to fruition. When that became <br />evident, he said LKN /ACN requested the grant be reworked so the grant could <br />be maximized as originally contemplated. The original grant amount was $5 <br />million and according to the audit and calculations performed by the Tax <br />Assessor's Office, LKN /ACN was not able to achieve that amount. However, he <br />reported LKN /ACN fully achieved the job creation aspect of the grant and <br />complied with the grant agreement and representations that were made in <br />connection with the agreement. He advised that allowing LKN /ACN to grant on <br />additional purchases of equipment bought during the grant agreement period is <br />the only way to help LKN /ACN achieve their goal of maximizing the original <br />grant, which will require a modification or waiver of the existing grant <br />program. Further, he advised the Tax Assessor's office prepared the numbers <br />that supports the new grant agreement, the number for County's and the City's <br />participation has changed slightly from $180,000.00 (County) and $120,000.00 <br />(City and that a public a public hearing is required. Finally, he suggested <br />the motion include the following information: (1) approval of a waiver to <br />the County's Economic Development Program for depreciable assets as <br />determined by the Tax office; and (2) to cap the amount of participation at <br />the original grant amount based on the County's prorata share instead of an <br />exact number. <br />Chairman White opened the public hearing at 7:28 p.m. The Public <br />Hearing Notice was posted on the County's website ( www.cabarrus county. us ) on <br />September 9, 2010 in accordance with Article 2, Administration, Section 2.1 <br />(Use of Electronic Means to Provide Public Notices) of the Cabarrus County <br />Code of Ordinances. <br />There was no one present to address the Board; therefore, Chairman <br />White closed the public hearing. <br />After a short discussion, Commissioner Carruth MOVED to approve the <br />revised Agreement between Cabarrus County and LKN /ACN as outlined by the <br />County Attorney. <br />Following a brief discussion, Commissioner Carruth amended his MOTION <br />to include replacing the hard number amount of $180,000.00 in the Agreement <br />with "the County's prorata share ". Commissioner Mynatt seconded the motion <br />and the MOTION unanimously carried. <br />(G -3) EDC - Consideration of Economic Development Grant for DNP IMS America <br />Corporation (Project Ribbon) and Public Hearing - 6:30 P.M. <br />Ryan McDaniels, Cabarrus Economic Development Corporation (EDC), <br />requested an Economic Development Grant for DNP IMS America Corporation <br />(Project Ribbon) . He presented the following information: the expansion <br />