BC 2004 10 18 Regular - Laserfiche WebLink

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October 18, 2004 Page 651 IIPON MOTION of Commissioner Privette, seconded by Commissioner Carruth with Commissioners Privette and Carruth, Chairman Freeman and Vice Chairman Suggs voting for, the Board voted to accept the following Option No. 3 as outlined by the County Attorney and recommended by the Institute of Government: Reject both the Bost offer and the Craven offer for the reasons stated above and start a new upset bid process at a minimum of $1.3 million. Direct County counsel to draft a form contract that all bidders must unequivocally use, with the only permitted change being the price offered. (E-3) American Basketball Association (ABA) - Carolina Thunder - Lease Agreement for the IIae of the Cabarrus Arena Mike Downs, Deputy County Manager, presented the proposed lease agreement between the County and TD Sports Hoops, LLC (Tony Priscaro, owner) for use of the Cabarrus Arena for the home games of Carolina Thunder, a professional basketball team and member of the American Basketball Association. He highlighted the following: (1) it is a three year contract with an option for two additional years; (2) the basic rental fee for each game is $2,500.00 for FY 04-05, $3,000.00 for FY OS-06 and $3,500.00 for FY 06-07 with an additional 10 percent increase if the additional two years are accepted; (3) the County retains parking and concession revenues; (4) TD Sports Hoops, LLC retains all revenues from the sale of "Carolina Thunder" merchandise; and (5) should the need arise, the Cabarrus Arena and Events Center retains the right to reschedule games with the appropriate notice. Mr. Downs requested Paragraph 2 of Section 21 be amended to reflect that vIP suites are based on availability. Further, he reported a non-refundable $10,000.00 cash deposit or a non-revocable Letter of Credit will be obtained as a safety measure upon execution of this lease. Marilyn Porter, County Attorney, advised the County would also take a security interest in the box office receipts and would be filing a UCC-1 Financing Statement. Commissioner Carpenter recommended Section 7 (Equipment and Services Provided by Lessor) Item No. 11 (Access to VIP Suites) be amended to reflect the changes in Section 21 with regard to the availability of VIP suites. There was a brief discussion regarding insurance and liabilities as well as fundraising opportunities for nonprofit organizations to handle the event parking. IIPON MOTION of Commissioner Carpenter, seconded by Commissioner Privette and unanimously carried, the Board approved the lease agreement with TD Sports Hoops, LLC, for use of the Cabarrus Arena and Events Center with Section 7 Item No. 11 and Section 21 amended to reflect the rental of VIP suites would be based on availability. Further, the Board authorized the County Manager to execute the contract upon review and revisions by the County Attorney. (F) CONSENT AGENDA (F-1) Proclamation - Weatherization Day (October 30, 2004) IIPON MOTION of Commissioner Privette, seconded by Commissioner Carpenter and unanimously carried, the Board adopted the following Proclamation: Proclamation of Weatherization Day 2004 Whereas, October is National Energy Awareness Month, and October 30 is designated as National Weatherization Day; and Whereas, the County of Cabarrus has a long standing commitment to conserve its resources and to help low-income households through its Weatherization Assistance Program; and Whereas, the State of North Carolina has administered the Weatherization Assistance Program since its inception in 1976, providing a variety of state and federal resources through numerous community action agencies, housing authorities and departments of local government that serve people in every county in the state; and Whereas, it is important to recognize the importance of those programs that ensure that all residents, especially those living at or below the federal poverty level, have the opportunity to live in energy efficient, healthy, safe, and comfortable homes as provided for by the Weatherization Assistance Program;