AG 1999 03 15 - Laserfiche WebLink

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141 DRAFT the intention of the parties that the County, City and Children's Home, through their respective elected boards, shall approve the Park concept plan and development schedule and significant modifications thereof. 3.2 Future Develooment~ It is the intention of the parties that in addition to the initial Park development, the quality of the Park and its development shall conUinue as an ongoing County park improvement project throughout the term of the Lease and any extension thereof. However, if the Property shall cease to be used by the County as a park for the benefit of its citizens as set forth in Section 3.0 hereof, the Property shall, upon the elapse of six months from date the Property shall cease to be so used, automatically revert to the possession of the Children's Home or its designated successor or assign. Article IV. Park Operations 4.0 Park ManaGement. The County shall manage, operate and supervise use of the Park and facilities contained therein for the benefit of the public subject to such joint use agreement as may be executed between the parties or third parties. 4.1 Park Operations. The County shall provide, promote, administer and operate recreational facilities, programs and services in the Park consistent wick other County parks and recreational facilities inclusive of operational hours. 4.2 Third Party Agreements. The County may execute such agreements it deems necessary or advisable for the provision of programs and services in or at the Park and its facilities. 4.3 Fees and CharGes. The County shall adopt a uniform schedule of fees and charges for use of Park facilities or participation in Park programs and services. All fees and charges collected shall be the sole property of the County, 4.4 ZoninG. The City shall initiate such zoning petition or petitions, if any, necessary to effect a zoning of the Park property consistent with the uses contemplated by this agreement. Article V. Park Maintenance and Security 5.0 Park Security. The County shall maintain and provide reasonable security for the Park as part of its park system consistent with other County parks recreational facilities. 5.1 Maintenance Schedule.. A maintenance schedule shall be adopted by the County for the building and grounds located on or within the Park which provides periodic maintenance procedures on a daily, weekly and annual basis. Article VI. Miscellaneous 6.0 Effectiv~ Date. This agreement shall be effective When duly approved and executed by and on behalf of the County and the Children's Home. 6.1 Amendments. This agreement can be amended or otherwise modified only by mutual agreement and express written consent of the parties. 6.2 Duration. This agreement shall have a duration which runs concurrently with and terminates simultaneously with the Lease contemplated in paragraph 1.1 together with all renewals and extensions thereof. 6.3 Liability. The County agrees to hold harmless the Children's Home from all liability, claims and actions arising out of the use of the Park by the County, its employees and invitees. The Children's Home agrees to hold harmless the County from all liability, claims and actions arising out of the use of the Park Dy the Children's Home, its employees, residents and invitees. 6.4 Notices. Notices to the parties with regard to this agreement shall be directed as follows: Children's Home: County: Mr. Troy Rushing, Executive Director Church of God Children's Home 3485 Orphanage Road Concord, NC 28027 County Manager Cabarrus County Post office BOX 707 Concord, NC 28026-0707 6.5 as follows: (a) Mi$cellaneous. Each party to this agreement further agrees Without further consideration, each party shall at any time, and from time to time, execute and deliver to any