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2. In addition to the administration fee to be collected from the Tax as <br />provided above, beginning July 1, 2011, the County shall monthly collect and retain from <br />the gross collected proceeds of the Tax an amount equal to 5.0% of the Tax as a <br />"Facilities Upgrade Fee ". <br />3. This Facilities Upgrade Fee shall be used by the County to pay for <br />improvements to County and local school parks, recreation and athletic facilities, <br />including the County's Arena, that can be utilized for events by conventions and /or <br />visitors. It is contemplated by both parties that the choice of projects to be funded with <br />the Facilities Upgrade Fee shall be made with the intention to increase the marketability <br />of the project venues for CVB's sales teams. <br />4. Notwithstanding the preceding paragraph, the purpose for and the timing <br />of the expenditures for improvements to be paid from the proceeds of the Facilities <br />Upgrade Fee shall be determined in the sole discretion of the County, but at least once <br />annually the County shall submit a report in writing to the CVB Board accounting for the <br />Tax proceeds collected as the Facilities Upgrade Fee, any expenditures from such <br />proceeds and any plans for utilization of such proceeds. <br />5. Effective July 1, 2011, the CVB shall no longer be required to pay to the <br />County and the County shall no longer collect from the CVB the Sports Development <br />Fund and the annual $100,000.00 CVB contribution for the County's Arena. <br />6. The County will use reasonable efforts to coordinate the marketing and <br />promotion by the CVB of events utilizing local school facilities and shall cooperate with <br />the CVB to promote and market the County parks, recreation and athletic facilities, <br />including the County's Arena. It is contemplated that local school facilities not <br />specifically needed for school functions and events will be made available for usage by <br />visitors and event participants. <br />7. The term of this Agreement shall extend from July 1, 2011 to June 30, <br />2012. The term shall not be extended beyond the initial term unless the parties do not <br />meet to review the Agreement as provided below. In such event, the term shall extend <br />from month to month until such meeting is scheduled or takes place, whichever first <br />occurs. <br />8. The parties agree to meet no later than thirty (30) days before the end of <br />the fiscal year to review the effectiveness of the provisions of this Agreement and to <br />consider extending this Agreement for another fiscal year. <br />9. This Agreement document contains the entire understanding and terms <br />relating to its subject matter and may not be amended or modified unless in writing ad <br />signed by both parties. <br />10. This Agreement shall be construed in accordance with North Carolina law. <br />Attachment number 1 <br />F -3 Page 85 <br />