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DRAFi' 2. Guarantee that the project shall include but shall not be limited to 'an indoor cool water swimming pool, a~ indoor warm water activity area, looker rooms, teen center and fitness center along with associated support areas :o service client needs. 3. Provide specific access :o the aquatic facilities for Cabarrus County school systems swimming related activities including but not lim/ted to scheduled swim practices and aquatic related f:Lnctions. ~nese services shall be available for an initial term of not lees than fifteen (15) years and subject ~o renewal by the consent and agreement of :he parties based upon terms agreed to at that time. 4. Be responsible for securing :he addiUional funding /financing required to complete the project aa proposed through resources other than the COUNTY or COUL~Y school systems. S. Shall possess and independently use, operate and maintain the facility as a YMCA. 6. Shall provide documentation that funds appropriated by the COUNTY toward this project were used as intended. ~DITIONALLY: 1. The parties agree that should for any reason the project as proposed NOT be built, then the C0~ shall have no financial obligations as described above, and shall any funds have been paid by the COUNTY to the YMCA, those funds shall he returned to the COUNTY. 2. The parties agree that should the arrangement for use of the YMCA aquatic facilities by the COVNTY'S school systems cease earlfer than proposed, then the fund~ provided by the COU~ shall be prorated over the re~ining time frame short of the 'original ftf:e6n (15) years. The YMCA Shall rei~burse the COL~ accordingly (1/1S~a for each year remaining). 3. The parties agree that the YMCA shall provide access to all COUNTY and School System employees through an agreed upon special membership plan at the ~st favorable race available from the standard men~0ership fee schedule and shall waive any required 'initiation' fees accordingly. The C0U~ and school aye:ems shall provide payroll deduction access to participating employees to assist the YMCA with membership fee administration. ~I~PR0~-ED BY ACTION OF ~ B0~D 0P COUNTY COMMISSION~RS AT ITS M~"~ING HELD AUGUST 15, 2000. IN WITNESS W~EREOF, the parties hereto have caused the Memorandum of ~nderstanding to he execu:ed as of the date first above ~ritten. CA/~NON MEMORIAL FAMILy YMC~, INC. A North Carolina Not For Profit Corporation BY: Ze/ Jo~ A. Kinq, SS ITS: Chairman? Board of Directors WITNESSES~ /a/ Roland Davey CABARRUS COUNTy, a North Carolina Governmental Entity (County) BY: /s/ ~ne L. Faunal ITS: Chairn~nr Board of co~isaioners WITNESSED: /s/ Frankie F. Bonds GOFERNMENT BUDGET AND FISCAL CONTROb ACTS. BY: /~{ Blair D. Bennett Closed Session Prior to adjourning the meeting, the Board agreed to go into a brief Closed Session to discuss a property acquisition matter. ~PON MOTION of Chai:T~an Fennel, seconded by Commissioner Prive:te and unanimously carried, the Board voted :o go into Closed Session to discuss the acquisition of real property in the area of Highway 601 By, ass and Highway 29 as authorized by North Carolina General Statute 143-318.11(a) (5) . Sta~ing he had another commitment, Chairman Fennel asked to be excused from the Closed Session. U~ON ~OTION of Commissioner Privet:e, seconded by Commissioner Barnhart and unanimously carried, the Board voted to excuse Chairman Fennel from the meeting. Vice Chairman Carpenter presided during the Closed Session.