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142 The Board of Commissioners for the County of Cabarrus met in recessed session in the Multi-Purpose Room at the Cabarrus County Governmental Center in Concord, North Carolina on Saturday, July 27, 1996, at 8:00 A.M. Present - Vice-Chairman: Arne L. Fennel Commissioners: Sue B. Casper Kenneth Mills Franklin G. Niblock, Jr. Absent - Chairman: Jeffrey L. Barnhart Also present were Mr. Frank W. Clifton, Jr., County Manager; Mr. Fletcher L. Hartsell, Jr., County Attorney; and Mrs. Frankie F. Bonds, Clerk to the Board. Mayor Pro-tem Harold Holbrook and the following members of the Kannapolis City Council were present for the meeting: R. Derwood Bost; Kenneth B. Geathers; Philip M. Meacham; Robert S. Misenheimer and Jack M. Goodnight. Also present were Mr. Gene McCombs, City Manager; Mr. Walter M. Safrit, II, City Attorney; and Ms. Bridgette Bell, City Clerk. Chairman Lee Efird and the following members of the Kannapolis City Board of Education were present for the meeting: Millie Hall, Danita Rickard and Linda Johnson. Also present were Dr. Ed Tyson, Schools Superintendent, and Mr. Brice Willeford, Attorney. Others present for the meeting, included Mr. Scott Connell, President of the Kannapolis Economic Development Corporation, and Ms. Sheryl Bayko and other representatives of Lake Concord Ventures, L.L.C. Vice-Chairman Fennel presided in the absence of Chairman Barnhart. He called the meeting to order at 8:10 A.M. UPON MOTION of Vice-Chairman Fennel, seconded by Commissioner Niblock with Vice-Chairman Fennel and Commissioners Niblock, Gasper and Mills voting for, the Board approved the minutes of the closed session of June 11, 1996, and authorized the release of those minutes. Commissioner Mills questioned the Board's .prerogative to have a full transcript or a tape recording of closed sessions. This issue will be considered at a later date. The meetings of the Kannapolis City Council and the Kannapolis City Board of Education were called to order. Mr. Clifton reviewed the "Offer to Purchase and Contract" by Lake Concord Ventures relative to the Lake Concord property. The basic provisions of the proposed contract were as follows: County will sell the land consisting of approximately 200 acres for $10,000.00 per acre with the actual sales price to depend upon an actual survey of the property. Payment Schedule: $100,000.00 in earnest money to be paid with delivery of contract; $900,000.00 to be paid at the closing for Tract 1; and $1,000,000.00 to be paid at the closing for Tract 2. The 20-acre site shown on the original Master Plan will be retained for the school site with the adjoining drive-in movie site of approximately 30 acres to be obtained by the Buyer and donated to the County to be used for a joint school-park site. Buyer will provide rough grading of approximately five acres for the school building footprint. Buyer will pay $500,000.00 over a period of four years for recreational purposes. A 50-foot buffer will be maintained around the lake. Buyer will abide by all water quality regulations and provide for reasonable access to Lake Concord by the County and its agents. Mr. Hartsell advised that the issue of the contribution by the City of Kannapolis for park development will be handled as an amendment to the water and sewer agreement of 1995. He reported that several changes had been made to the "draft" Offer to Purchase and Contract, including technical changes involving code and other regulations. Other changes included the following: (1) a provision that the Buyer must acquire and donate the 30-acre drive-in movie tract for the school-park site within 60 days after closing; and (2) the addition of assurances to Article 6 outlining certain conditions that will occur after the