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STATE OF NORTH CAROLINA ) ) CABARRUSCOUNTY ) MAINTENANCE AND REPAIR AGREEMENT This Maintenance Agreement (the "Agreement") is entered into effective July 1, 2005 by and between 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 (hereafter, the Kannapolis Board and the Cabarrus Board may be jointly referred to as the "Boards" from time to time); and Cabarrus County, North Carolina (the "County") (hereafter the Boards and the County may be collectively referred to as the "Parties"); pursuant to N.C.G.S. ~160A-460, et. seq. In consideration of the mutual promises and covenants contained herein 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 school 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 (hereafter, 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 all maintenance and repair of all real property (excluding School Facilities) it leases or owns. The costs and provision of utilities and janitorial services for any of the Parties are specifically excluded from this Agreement and shall remain the responsibility of each respective Party. 2. Duration - This Agreement shall be for a term of three (3) years, commencing July 1,2005, and terminating June 30, 2008 (the "Term"). This Agreement may be continued thereafter for a subsequent term agreeable to the Parties, upon written agreement entered into by the Parties at least 60 days prior to June 30, 2008. 3. Department Responsibilities - The Facilities and Operations 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 authorized to enter into maintenance and repair contracts with third parties. The maintenance and repair services provided by the Department shall include, but are not limited to: (a) Grounds work and landscaping" This service shall include but not be limited to, planting, seeding, fertilizing, soil treatment, irrigation, mowing, weeding, leafing, trimming of all School Facilities real property. Grounds maintenance shall be performed in a mamJ.er as set forth in specifications in existing grounds maintenance contracts. 1 r- J