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AGRICULTURAL FAHi AGREEMENT
<br />STATE OF NORTH CAROLINA
<br />CABARRUSCOUNTY
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<br />THIS AGREEMENT, made and entered into effective the ~ day of f ~ 1~~ 2008 by
<br />and between CABARRUS COUNTY, NORTH CAROLINA, a NortH Carolina
<br />governmental entity, P.O. Box 707, Concord, NC 28026-0707. (herein referred to as the
<br />"County") and Amusements of Rochester, Inc. a New York corporation, d/b(a Powers Great
<br />American Midways, P. O. Box 1608, Burgaw, North Carolina, 28425 (herein referred to as the
<br />"Show"); (hereafter, the "Agreement").
<br />WITNESSETH:
<br />WHEREAS, the County is authorized by the Cabarrus County Board of Commissioners to
<br />stage the annual Cabarrus County Agricultural Fair (hereafter referred to as the "Fair"} at the
<br />Cabarrus Arena and Events Center (the "Center") in accordance with the North Carolina General
<br />Statutes governing agricultural societies and fairs (NCGS 106.505 et.al.) as monitored by the
<br />North Carolina Depardnent of Agriculture and Consumer Services; and
<br />WHEREAS, the Show is in the business of providing and operating amusement rides, shows,
<br />games and concessions and desires to provide such attractions for the Fair;
<br />NOW THEREFORE, in consideration of the mutual promises and agreements set forth herein,
<br />the County and the Show agree as follows:
<br />I. TERM/DATES.
<br />The term of this Agreement shall be for the period of Five (5} consecutive annual Fair weeks in
<br />Cabazrus County, North Carolina. Fair weeks will begin on the Friday following Labor Day of
<br />each year and end nine (9) days later on Saturday at 11:59 p.m. The parties agree that the 2009
<br />Fair shall run from 4:00 p.m. Friday, September 11, 2009 through midnight on Saturday,
<br />September 19, 2009; the 2010 Fair shall run from 4:00 p.m. Friday, September 10, 2010 through
<br />midnight Saturday, September 18, 2010; the 2011 Fair shall run from 4:00 p:m. Friday,
<br />September 9, 2011 through midnight Saturday, September 17, 201 I; the 2012 Fair shall run from
<br />4:00 p.m. Friday, September 7, 2012 through Midnight Saturday, September 15, 2012; the 2013
<br />Fair shall run from 4:00 p.m. Friday, September 6, 2013 through midnight Saturday, September
<br />i4, 2013. The Show and County agree and acknowledge that, subject to any previously existing
<br />contractual agreements the Show-may have with any third party, the County. and Show may
<br />mutually agree to modify the dates and length of the Fair listed above. It is understood by both
<br />parties that any change would need to be made in a timely manner to facilitate all planning,
<br />programs, and promotions.
<br />II. COUNTY DUTIES AND PRIVII.EGES.
<br />A. Fair Location. The County shall provide the location for the Fair and will grovide a
<br />midway azea suitable for the Show to set up rides, concessions, shows, games and all equipment
<br />attendant thereto, subject to the terms and conditions of this Agreement (hereafter, sometimes
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