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628 December 11, 1990 The Honorable Bernie A. Edwards, Mayor City of Concord Post Office Box 308 26 Union Street, South Concord, North Carolina 28025 RE: Agreement Relative to the Construction, Operation and Maintenance of an Airport and Agreement to Construct and Maintain Water and Sewer lines to that Area of Cabarrus County Commonly Known as "Kings Grant" Dear Mayor Edwards: The newly constituted Board of Commissioners sends regards to you and each member of the Board of Aldermen. We look forward to collaborating with the City of Concord over the course of our terms of office as to all matters involving the mutual health, safety and welfare of our citizens. The proposed Cabarrus County Airport has been a matter of considerable public interest and debate. We believe that the responsibility for determining whether to move forward with the airport and, if so, the specifics of how it should be accomplished is reposed in this Board. We are aware that, under date of November 30, the above-referenced documents were executed in the names of our respective governments. After reviewing the circumstances surrounding their execution, and after seeking and obtaining the advice of counsel, our Board has concluded that these documents may not have been executed consistent with the requirements of law and, therefore, may be unenforceable. We regret that one of our first acts of intergovernmental dialogue is to advise you of this situation. We believe, however, that it is in the best interests of Cabarrus County and Concord to set these documents aside and to address the issues so as to permit an informed decision to be made about the proposed airport facility in a conventional manner. Please be on notice that Cabarrus County believes that both documents may be void and unenforceable. To the extent that any portion of either is valid and enforceable, we repudiate such portion. Any expenditure of funds or incurring of contractual obligation in reliance upon either of these documents is at Concord's own risk and expense. We call upon you to acknowledge the unenforceability of these documents and to agree to return our respective governments and their properties to the status quo which existed prior to November 30. Sincerely yours, /s/ Billy J. Simmons, Jr. Billy J. Simmons, Jr. Chairman cc: Aldermen of the City of Concord Cabarrus County Commissioners Gordon Belo, Esq. Fletcher L. Hartsell, Jr., Esq. UPON MOTION of Commissioner Barnhart, seconded by Chairman Simmons with Commissioners Barnhart, Carpenter, and Hamby voting for and Chairman Simmons voting against, the Board recessed the meeting until 3:00 P.M. on Friday, December 14, 1990, in the Commissioners' Meeting Room for the Water and Sewer Capital Improvements Program. Clerk to the Board