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528 <br /> <br /> Mr. Charles McGinnis, County Manager, reported that the Vision <br />Cable Merger Franchising request would be deleted from the agenda as <br />necessary material had just been received earlier that day. He submitted <br />the Guaranty Agreement received from Vision Cable to the Board for study <br />until the next regular Board meeting. <br /> Chairman Bonds set the public hearing to determine if the County <br />will participate financially in the paving of Hardwood Lane, SR #1856, <br />through the Participative Paving Program for 7:30 P.M. on June 15, 1981. <br /> UPON MOTION of Commissioner Payne, seconded by Commissioner Lentz <br />and unanimously carried, the Board moved to allow a pyrotechnics display <br />at the Charlotte Motor Speedway on Sunday, May 24, 1981, under the <br />supervision of properly trained personnel. <br /> UPON MOTION of Commissioner Lentz, seconded by Commissioner Cook <br />and unanimously carried, the Board approved the following Bus Lease <br />Agreement between Cabarrus County and the Cabarrus County Board of Education. <br /> <br />NORTH CAROLINA <br />CABARRUS COUNTY <br /> <br /> THIS AGREEMENT, dated May 18, 1981, between the CABARRUS COUNTY <br />BOARD OF EDUCATION (the "Board") and CABARRUS COUNTY (the "County"); <br /> W I T N E S S E T H: that-- <br /> WHEREAS, the Board owns certain activity buses utilized by it <br />during the school year; and <br /> WHEREAS, the County desires to lease one or more buses from the <br />Board for summer use by the County's Recreation Department; and <br /> WHEREAS, North Carolina General Statutes Section 160A-274(b) <br />permits any governmental unit to lease to any other governmental unit <br />any interest in personal property that it may own upon such terms and <br />conditions as it deems wise; <br /> NOW, THEREFORE, in consideration of the premises and the mutual <br />covenants contained herein, the parties hereto agree as follows: <br /> 1. Lease. The Board hereby leases to the County and the County <br />hereby accepts from the Board the following described motor vehicles: <br /> <br /> 2. Term. The..term of this lease shall commence at 12:01 A.M. on <br />June 15, 1981, and shall end at 7:59 P.M. on August 15, 1981. <br /> 3. Rental. As rental hereunder, the County agrees to perform the <br />covenants and conditions contained in this agreement and shall pay the <br />Board the sum of $1.00 per motor vehicle leased hereunder. <br /> 4. Title. Title to the motor vehicles leased hereunder shall <br />remain in the Board. <br /> 5. Covenants by County. As an inducement to the Board to lease <br />the motor vehicles to the County, the County represents and warrants: <br /> a. It shall carry and maintain at its own expense, insurance <br /> unconditionally covering liability for personal injury or property <br /> damage resulting from the operation of the motor vehicles in an <br /> amount not less than $100,000 for death or injury of one person; <br /> not less than $300,000 for death or injury of more than one <br /> person; and not less than $100,000 property damage. <br /> b. All policies of insurance covering the motor vehicles <br /> shall be endorsed to protect both the County and the Board as their <br /> interests may appear. <br /> c. The motor vehicles shall be used exclusively in the Cabarrus <br /> County Recreation Department summer program and for no other purpose <br /> without prior consent of the Board. <br /> d. It shall permit only safe, careful, appropriately licensed <br /> and authorized individuals to operate the motor vehicles. <br /> e. It shall, at its own expense, provide suitable and adequate <br /> repair and mmintenance for each of the motor vehicles leased hereunder <br /> and shall perform all preventive maintenance as may be specified by <br /> ~.he Board. <br /> 6. Termination. <br /> a. This agreement shall continue until the end of the term or <br /> upon breach of the agreement, by the County. <br /> b. Upon termination of this agreement, the County shall return <br /> to the Board all items of equipment leased hereunder in the same <br /> condition as when acquired, ordinary wear and tear excepted. <br /> 7. Benefits. This agreement shall be binding upon and shall insure <br /> to the benefit of the parties, their successors and assigns. <br /> <br /> <br />