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341 <br /> <br />new projects locating or expanding within Cabarrus County (cities/towns) subject <br />to agreements approved by the County Commission after July 8, 1997. <br /> <br /> The Concord City Council also voted to adopt the Commercial/Retail <br />Development Incentive Grant Program. <br /> <br />Memorandum of Understanding - Mills Corporation <br /> <br /> UPON MOTION of Commissioner Mills, seconded by Commissioner Barnhart with <br />Commissioners Mills, Barnhart and Niblock and Chairman Casper voting for and <br />Commissioner Carpenter voting against, the Board voted to accept the Memorandum <br />of Understanding (MOU) among the City of Concord, County of Cabarrus, and a Joint <br />Venture to be formed by The Mills Limited Partnership and Simon DeBartolo Group <br />concerning the proposed development of a retail project to be known as "Concord <br />Mills" in Concord. The MOU as accepted by the Board is on file in the Office of <br />the County Manager and hereby included by reference as a part of the minutes. <br /> <br /> The Concord City Council voted to accept the Memorandum of Understanding <br />with Schedule 1, Item 4 (Roadway Improvements and Upgrades) changed from "City <br />of Concord Obligations" to "Unassigned Obligations" with the City of Concord to <br />continue to work with the State to obtain approval for funding roadway <br />improvements. <br /> <br /> UPON MOTION of Commissioner Barnhart, seconded by Commissioner Mills with <br />Commissioners Barnhart, Mills and Niblock and Chairman Casper voting for and <br />Commissioner Carpenter voting against, the Board moved to reconsider the motion <br />approving the Memorandum of Agreement among the City of Concord, Cabarrus County, <br />The Mills Limited Partnership and the Simon DeBartolo Group. <br /> <br /> UPON MOTION of Commissioner Barnhart, seconded by Commissioner Mills with <br />Commissioners Barnhart, Mills and Niblock and Chairman Casper voting for and <br />Commissioner Carpenter voting against, the Board voted to approve the Memorandum <br />of Agreement among the City of Concord, Cabarrus County, The Mills Limited <br />Partnership and the Simon DeBartolo Group with the change specified by the <br />Concord City Council to show Schedule 1, Item 4 (Roadway Improvements and <br />Upgrades) as '~nassigned Obligations" with the City of Concord to continue to <br />work with the State to obtain approval for funding the roadway improvements. The <br />Memorandum of Agreement is on file in the Office of the County Manager and hereby <br />included by reference as a part of the minutes. <br /> <br /> The Concord City Council adjourned its meeting at 6:30 P.M. The Board of <br />Commissioners held a short recess. <br /> <br />Closed Session - Pending Litigation <br /> <br /> Chairman Casper reconvened the meeting of the Board of Commissioners. <br /> <br /> UPON MOTION of Commissioner Niblock, seconded by Commissioner Mills and <br />unanimously carried, the Board moved to go into closed session to consult with <br />the Attorney regarding pending litigation concerning Philip Morris U.S.A. as <br />authorized by N. C. General Statues 143-318.11(a)(3). <br /> <br /> UPON MOTION of Commissioner Mills, seconded by Commissioner Carpenter and <br />unanimously carried, the Board voted to adjourn the closed session. <br /> <br />No action was reported from the closed session. <br /> <br />Adjournment <br /> <br /> There being no further business to come before the Board, Chairman Casper <br />adjourned the meeting at 7:16 P.M. <br /> <br />Clerk to the Board <br /> <br /> <br />