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November 18, 2002 Page 489 Agreement" between Cabarrus County and D & B Properties, LLC and authorized the Chairman to sign the Agreement on behalf of Cabarrus County. NORTH CAROLINA CABARRUS COUNTY ~R3TUkL ACCESS AND PA~RKING AGREEMENT THIS AGREEMENT, is made and entered into this __ day of November, 2002, by and between Cabarrus County, a body politic and political subdivision of the State of North Carolina (the "County"), and D & B Properties, LLC (the "Company") for the purpose of creating rights of mutual access and parking in and to the parking lots and access points located on lot 11 of the Concord Executive Park (the "Park") owned by the Company ("Lot 11") as well as the adjacent property owned by the County on the north side of Lot 11 '(the "Adjacent Property"). WITNESSETH that: WHEREAS, the Company is the owner of Lot 11 which is located in the Number 4 Township of Cabarrus County; WHEREAS, the County is the owner of the Adjacent Property with the address 2325 Lake Concord Road in Number 4 Township of Cabarrus County; WHEREAS, the parties desire to provide for the use and maintenance of the entrance to Lake Concord Road which crosses the Adjacent Property (the "Access Drive") in order to facilitate travel to and from Lake Concord Road as well as the parking lots located both on Lot 11 and the Adjacent Property (the "Parking Lots") as shown on the map attached hereto as Exhibit "A". NOW THEREFORE, the parties herein and all subsequent owners, do hereby agree that the owners of Lot 11, their assigns, customers, and invitees shall forever enjoy the use of the Access Drive for ingress and egress to Lot 11 and that both the owners of Lot 11 and also the Adjacent Property, their assigns, customers, and invitees shall forever enjoy the use of the Parking Lots. In addition, the parties herein and all subsequent owners shall keep and maintain the Access Drive and the Parking Lots in a good state of repair and provide for the maintenance of said Access Drive and Parking Lots. It is further agreed that each party shall pay their pro-rata share of the costs of said maintenance with each pro-rated share to be determined by the parties upon completion of any required maintenance. IN WITNESS WHEREOF, the parties herein have executed this AGREEMENT the day and year first above written. COUNTY OF CA_BARRUS ATTEST: By: Robert M. Freeman, Chair Board of County Commissioners (seal) Frankie F. Bonds, Clerk Board of Commissioners D & B Properties, LLC By: (seal) , Manager APPOINTMENTS TO BOARDS AND COMMITTEES (a-l) Librar~ Board of Trustees (Concord Representative) UPON MOTION of Vice Chairman Carruth, seconded by Commissioner Privet~e and unanimously carried, the Board appointed Joseph W. St. John to the Concord position on the Cabarrus County Library Board of Trustees, subject to concurrence by the Concord City Council. Mr. St. John's term of appointment will end on July 31, 2005. (G-2) Industrial Facilities and Pollution Control Financing Authority In reviewing North Carolina 159C-4, Creation of Authorities, it had been determined that Robert M. Freeman, as an elected official of Cabarrus County, is not eligible to serve on the Industrial Facilities and Pollution Control Financing Authority. UPON MOTION of Vice Chairman Carruth, seconded by Commissioner Privette and unanimously carried, the Board appointed Steven Howard Smith to the Industrial Facilities and Pollution Control Financing Authority to fill the position previously held by Robert M. Freeman. Mr. Smith's term of appointment will end on January 10, 2004. (H) INFOP-WAL PUBLIC COMMENTS Chairman Freeman opened the meeting at 8:45 P.M. for Informal Public Comments. There was no one present to address the Board, and Chairman Freeman closed that portion of the meeting.