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STATE OF NORTH CAROLINA CABARRUS COUNTY MAINTENANCE AND REPAIR AGREEMENT This MAINTENANCE AND REPAIR AGREEMENT (the "Agreement ") is entered into effective July I, 2011 by and among the CABARRUS COUNTY BOARD OF EDUCATION (the "Cabarrus Board "), a school administrative unit of the State of North Carolina, the KANNAPOLIS CITY BOARD OF EDUCATION (the "Kannapolis Board "), a school administrative unit of the State of North Carolina (the Kannapolis Board and the Cabarrus Board may be jointly referred to as the "Boards" in this Agreement); and CABARRUS COUNTY, North Carolina (the "County"), a body politic and political subdivision of the State of North Carolina (the Boards and the County may be collectively referred to as the "Parties "). An agreement among local government bodies is specifically allowed and encouraged by the provisions of N.C. Gen. Stat. § 160A -460 et seq. In consideration of that power and the mutual rights and obligations set forth in this Agreement, which the Parties agree constitutes sufficient consideration to make this Agreement legally binding and enforceable, the Parties agree as follows: 1. PURPOSE The Boards have consolidated their individual maintenance staffs so that maintenance and repair activities with regard to their elementary, middle and high school facilities, administrative facilities, maintenance, repair and storage facilities, and any other school related facilities, including both buildings and grounds attendant to such facilities (collectively "School Facilities "), as more fully described below, are provided more efficiently and economically. The County has not consolidated its maintenance and repair staff with the staffs of the Boards at this time, but may do so at a later date. Until such time, the County will continue maintenance and repair of all real property (excluding School Facilities) it leases or owns. The cost and provision of utilities and janitorial services for the Parties are specifically excluded from this Agreement and shall remain the responsibility of the Party previously using the facility being so serviced. The Cabarrus Board has also agreed to perform general maintenance and repairs to school park facilities at Cabarrus Board and Kannapolis Board school sites. This Agreement will only apply to school park sites that are utilized by volunteer community organizations for youth athletic team sports, such as basketball, softball, baseball, soccer and football co- sponsored by the Cabarrus County Parks and Recreation Department ( "Parks and Recreation "). The attached Schedule 1 is a list of athletic school /park site facilities. This Agreement applies only to those facilities listed in this Schedule. In an effort to make as many school facilities available to the community as possible while following the general principles of the Cabarrus County Schools policy code 5030 Community Use of Facilities, and the Community Schools Act, both the Cabarrus Board and the Kannapolis Board will make every effort to permit use of their respective athletic and other school facilities by community groups and individuals. 2. DURATION This Agreement shall be for a term of three (3) years, commencing July 1, 2011, and terminating June 30, 2014 (the "Term "). The Parties agree to meet no less than sixty (60) days prior to the end of the Term to discuss an extension of the Term, but this provision creates no obligation to extend the Term. 3. DEPARTMENT RESPONSIBILITIES /SCHOOL FACILITIES The Facilities Management Department of the Cabarrus Board (the "Department ") will have responsibility for providing maintenance and repair (as more fully defined below) for all School Facilities. The Department is Page 1 of 7 Attachment number 1 F -2 Page 50