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November 18, 2002 Page 485 Corporate Express 57.0% Yes FSI (Forms & Supply, Inc.) 53.0% Yes ACT Office City~ 53.0% Yes OSS (Office Supply 51.5% Yes Services) Williams Office Supply Office Depot No Bid No Bid regarding Item 3.3.3.2d be "non-responsive" pursuant to definition and explanation in Local Government Law Bulletin No. 102, May 2002, David M. Lawrence $10 minimum order UPON MOTION of Commissioner Fennel, seconded by Vice Chairman Carruth and unanimously carried, the Board awarded the 2003 annual contract for office supplies to Corporate Express, 3125-F Horseshoe Lane, Charlotte, with their discount of 57 percent off the list prices as published in the 2003 United Stationers Office Products - General Line catalog. Pursuant to the bid tabulation, the bid was awarded to the second lowest bidder based on the determination of the first bidder being "non-responsive". (The first bidder took exception to their discount percentage bid, by addendum, which would not allow their discount to be a "single percentage discount" as required by the bid documents and specifications.) (E-6) Estoppel and Agreement - Mills Corporation Mr. Hartsell reported there may be a technical correction to the Estoppel and Agreement presented for approval in regards to the refinancing by the Mills Corporation (Concord Mills Mall Limited Partnership). He stated this involved a correction that had been made by the Concord City Council. UPON MOTION of Commissioner Fennel, seconded by Vice Chairman Carruth and unanimously carried, the Board approved the "Estoppel and Agreement (Incentive Grant Agreement)" associated with refinancing by the Concord Mills Mall Limited Partnership in form and substance to be identical to that approved by the City of Concord on November 14, 2002; and authorized the Chairman to execute the document on behalf of Cabarrus County. (E-7) Consent Agreement - Central Park Subdivision UPON MOTION of Commissioner Fennel, seconded by Vice Chairman Carruth and unanimously carried, the Board approved the following Consent Agreement for the Central Park Development and authorized the Chairman to execute the Agreement on behalf of Cabarrus County. CONSENT AGREEMENT FOR THE CENTRAL PARK DEVELOPMENT, FOR CABARRUS COUNTY This Consent Agreement is entered into as of this day of , 2002 by and among Stephen Hawfield and his successors and assigns, the owners ("Developer") of the Project and Cabarrus County, a political subdivision of the State of North Carolina, by and through its Cabarrus County Board of Commissioners. RECITALS: A. Developer is the owner of approximately 29.97 acres of real property located in Cabarrus County, and has proposed the development of a subdivision with a yet to be determined number of single family lots in the Central Park subdivision project (the ~Project"), to be constructed in multiple phases. B. The Project is subject to the Adequate Facilities Provisions of the Cabarrus County Subdivision Regulations, Section 66-81, and has been reviewed by all public agencies which may potentially serve the project and its future residents. C. On October 16, 2000 developer agreed to advance public services and facilities for the Project by paying $500.00 per lot to advance services and facilities. CABARRUS COUNTY AND THE DEVELOPER HEREBY AGREE AS FOLLOWS: 1. Specific Conditions. The approval and development of this Project is subject to the following conditions as agreed upon by the Developer and Cabarrus County Board of Commissioners: A) Payment of $500 per single family lot, to advance school adequacy. B) Payment to be made per lot at or prior to issuance of certificate of occupancy, or if none is applied for, prior to occupancy of a new home. 2. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Developer in the. ownership or development of any portion of the Project. 3. Agreement to run with the Land. This Agreement shall be recorded 'against the Property as described in Exhibit A hereto and shown on Exhibit A hereto. This