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<br />EE COUNTY
<br />Committed Today for a Better Tomorrow
<br />REGULAR ADJOURNED MEETING
<br />OF THE
<br />LEE COUNTY BOARD OF COMMISSIONERS
<br />106 HILLCREST DRIVE
<br />SANFORD, NORTH CAROLINA 27330
<br />JANUARY 31, 2011
<br />The adjourned regular meeting of the Board of Commissioners for the County of Lee, State of
<br />North Carolina, convened at 9 a.m. in the Commissioners' Room, Lee County Government Center, 106
<br />Hillcrest Drive, Sanford, North Carolina, as stated in the motion to adjourn from the January 18, 2011
<br />regular meeting. Commissioners present were Richard B. Hayes, Larry "Doc' Oldham, Charles T.
<br />Parks, Nathan E. Paschal, Robert T. Reives, Linda A. Shook, and James K. Womack, Jr.
<br />The Board considered a grant from the One North Carolina Fund. Deputy Attorney Dale Talbert
<br />explained that the One North Carolina Fund has conditionally approved Lee County's application for a
<br />grant in the maximum amount of $600,000 to assist with a project by Caterpillar, Inc. As part of the
<br />grant approval process, Caterpillar has entered into a Performance Agreement with the Fund requiring,
<br />among other things, that the company retain 739 existing jobs at the county's Sanford and Clayton
<br />facilities, create and maintain through 2015, 325 new, well - paying, full -time jobs, and make over
<br />$28,000,000 in new investment. The grant is conditioned upon the County's agreement to match the
<br />grant dollar for dollar, accept the terms of Caterpillar's Performance Agreement, and comply with
<br />administrative terms and conditions required by law and set out in a Local Government Grant
<br />Agreement. The County had previously entered into an agreement with Caterpillar that provides
<br />economic incentives to the company during the proposed grant period which will more than satisfy the
<br />County's obligation to match the grant. Grant funds will be forwarded to the County who will in turn
<br />disperse to Caterpillar. After discussion, Commissioner Hayes moved to approve a Resolution
<br />approving Caterpillar's Performance Agreement with the One North Carolina Fund and the County's
<br />Grant Agreement with the One North Carolina Fund, and authorize the Chairman to execute required
<br />documents for the One North Carolina Fund, copies of which are attached to these minutes and by this
<br />reference made a part hereof. Upon a vote, the results were as follows:
<br />Aye: Hayes, Oldham, Parks, Paschal, Reives, Shook, and Womack
<br />Nay: None
<br />The Chairman ruled the motion had been adopted unanimously.
<br />The Board considered a resolution adjusting liquidated damages to reflect changes to the cable
<br />franchise with Charter Communications. Deputy Attorney Dale Talbert addressed the Board and
<br />explained that the existing cable franchise agreement with Charter Communications contains a
<br />provision establishing the amounts of liquidated damages Charter would owe the County upon failure to
<br />perform specified acts or meet certain standards required by the agreement, such as failure to submit
<br />reports, provide information, customer service standards, etc. Currently the liquidated damages for
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