AG 2016 05 16 - Laserfiche WebLink

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TERMS 1. Beginning July 1, 2016, CFSA shall continue to assume and exercise management and operating control of the Farm Park. Unless earlier terminated, the duration of this Restated Agreement shall be June 30, 2021. 2. Such management and operation includes the continued assumption of all expenses for and obligations of the Farm Park. This includes, but is not limited to, all utilities, supplies and the monthly lease payment to Franklin D. Lomax. 3. For the duration of this Restated Agreement, CFSA shall temporarily exercise the rights and assume the obligations under the lease agreement with Franklin D. Lomax and the agreements with the farmers utilizing the Farm Park. Any modifications of these agreements, including the Lomax lease agreement, or entry into any new agreement(s) with reference to the Farm Park must be approved in advance by the County. Notwithstanding, so long as CFSA uses the County- approved form for leases with Farm Park farmers, the individual farmer leases do not have to be approved by the County. 4. CFSA shall be entitled to use without charge all tools, equipment, furniture and supplies owned by the County currently on hand at or being used at the Farm Park. A list is attached as Schedule A. All such items shall continue to be owned by the County. CFSA at its expense shall timely and properly maintain and /or repair all such items, which except for consumable supplies shall be returned to the County in their present condition at the conclusion of this Restated Agreement, normal wear and tear excepted. Any items purchased by CFSA for use at the Farm Park shall remain the property of CFSA. 5. CFSA shall continue all existing programs and services presently in operation at the Farm Park. Any new programs and services shall be consistent with the current Lomax Program Development Plan. Any other programs or services must be approved in advance by the County. 6. CFSA shall continue to use its best efforts to help formulate a plan for transition of the Farm Park to itself or a separate non - profit organization for the long term operation of the Park. Any such plan must be approved in advance by the County. 7. CFSA agrees that County funds shall only be used as budgeted by the County. The County has the right to audit the books and records of the Farm Park in order to monitor usage of the funds. 8. CFSA at its expense shall provide coverage through insurance for all insurable risks incident to its obligations under the TOA, the Extension and this Restated Agreement in coverage amounts as mutually determined by CFSA and the County's Risk Manager. Cabarrus County, its agents, officers and employees shall be named as an additional insured. 9. County Manager Michael K. Downs and CFSA Executive Director Roland McReynolds shall be the primary contacts for all matters relating to this Restated Agreement. 10. CFSA shall indemnify and hold the County harmless from any and all demands, claims, losses, damages, expenses or costs of whatever nature and kind, including any claims based on any environmental law or regulation, including attorneys fees, arising from the TOA, the Extension or this Restated Agreement and /or CFSA's management or operation of the Farm Park. G -6 Page 271