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CONSTRUCTION FUNDING AGREEMENT <br /> <br />This Construction Funding Agreement is entered into by and between Harrisburg Youth <br />Association, Inc., a North Carolina non-profit corporation that promotes and assists in funding <br />athletic pro~s ~ the residents of Cabarrus County, North Carolina,__with its primary mailing <br />address at ~ ~ [~(.o , Harrisburg, North Carolina '2.~'"~"HYA"), and Cabarrus <br />County, North Caroflna (the "County") with its principal address at 65 Church Street South, <br />Concord, North Carolina, on behalf of the County Parks and Recreation Department, with its <br />principal address at 2323 Concord Lake Road, Concord, North Carolina 28025 (the <br />"Department"); hereafter, the "Agreement". <br /> <br />WHEREAS, the County has appropriated sufficient funds to build a one-story <br />concession/restroom building (the "Facility") at the Harrisburg Elementary School Park, located <br />in Harrisburg, North Carolina (the "Park"); and <br /> <br />WHEREAS, HYA has determined and has discussed with the Department that in order to fully <br />accommodate the needs of the citizens (and in particular the youth) of the County utilizing the <br />Park, the Facility should be a two building rather than a one-story Facility; and <br /> <br />WHEREAS, in accordance with the terms and conditions of this Agreement, HYA is willing to <br />provide the additional funds required to design and build a two story Facility; and <br /> <br />NOW THEREFORE, in consideration of the premises and other good and valuable <br />consideration, the sufficiency of which is acknowledged, the parties agree as follows: <br /> <br />1. Design for the Facility. The parties hereto have agreed that BJW Architecture (the <br />"Architect") is the appropriate party to design the Facility and supervise construction of the <br />Facility. The legal terms of the basic contract for the design and construction supervision <br />submitted by the Architect have been reviewed and approved by Counsel for the County and the <br />general legal and business terms of the Architect's contract have been approved or are in the <br />process of being approved by the County Board of Commissioners. The variable in the <br />Architect's yet to be determined is the cost for the Architect's services, based upon whether the <br />Facility is a one story or two story building. <br /> <br />2. Bid Process for .Construction _.Contractor. The pqrties anticipate completion of acceptance <br />of construction bids for the Facility ~oo ]-~-~an q !2~_ ,2003. The bid process will <br />be two-fold, those submitting bids will be asked to bid for construction of a one-story Facility <br />with submission of an additional bid for adding a second story to the Facility. <br /> <br /> <br />