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<br />referred to as the "COUNTY", and the CABARRUS ARTS COUNCIL, INC.,
<br />a non-profit corporation of Cabarrus County, North Carolina,
<br />hereinafter referred to as the "ARTS COUNCIL";
<br /> W I T N E S S E T H: that --
<br /> WHEREAS, ARTS COUNCIL is a not-for-profit corporation
<br />established to promote, support, develop and coordinate the cultural
<br />arts in Cabarrus County, North Carolina; and
<br /> WHEREAS, COUNTY and ARTS COUNCIL desire to enter into a
<br />contract whereby ARTS COUNCIL will further promote, support, develop
<br />and coordinate the cultural arts in Cabarrus County; and
<br /> WHEREAS, ARTS COUNCIL desires to obtain the financial support
<br />of COUNTY for a portion of its operating expenses to match an
<br />anticipated grant for such expenses from the North Carolina Arts
<br />Council in the sum of Five Thousand Dollars ($5,000.00) (the
<br />"Grant"), and in the interests and welfare of its citizens, COUNTY
<br />desires to provide financial support for a portion of the expenses
<br />incurred by ARTS COUNCIL to match the Grant; and
<br /> WHEREAS, COUNTY is authorized to make contributions to ARTS
<br />COUNCIL under the provisions of N.C.G.S. 153A-149(c)(6a), and
<br />N.C.G.S. 160A-488; and
<br /> WHEREAS, COUNTY has appropriated the sum of Five Thousand
<br />Dollars ($5,000.00) to match the Grant anticipated to be received
<br />from the North Carolina Arts Council for the period July 1, 1989-
<br />June 30, 1990.
<br /> NOW, THEREFORE, in consideration of the premises, COUNTY and
<br />ARTS COUNCIL do mutually agree to the following terms and
<br />conditions:
<br /> 1. This contract shall begin July 1, 1989, and shall exist
<br />and continue through June 30, 1990.
<br /> 2. ARTS COUNCIL shall continue to promote, support, develop
<br />and coordinate a program for the cultural arts and provide staffing
<br />and services therefor for the benefit of the citizens and residents
<br />of the greater Cabarrus County area.
<br /> 3. Contingent upon receipt from the North Carolina Arts
<br />Council of the Grant for operating support of the Arts Council in
<br />the sum of Five Thousand Dollars ($5,000.00), COUNTY shall allocate
<br />and pay to ARTS COUNCIL eleven (11) successive monthly payments of
<br />Four Hundred Sixteen Dollars Sixty-Six Cents ($416.66) each, and a
<br />twelfth (12th) and final monthly payment of Four Hundred Sixteen
<br />Dollars Seventy-Four Cents ($416.74), representing a total
<br />appropriation of Five Thousand Dollars ($5,000.00) from COUNTY'S
<br />separate funds (or a total appropriation of $10,000.00), with each
<br />successive monthly payment to be made on or about the last day of
<br />each month, commencing July 31, 1989.
<br /> 4. ARTS COUNCIL shall use the funds paid to it by COUNTY for
<br />operation, development, support, maintenance, staffing and
<br />coordination of the cultural arts in Cabarrus County. At the end
<br />of its fiscal year, ARTS COUNCIL shall undergo an audit of its
<br />operations conducted by a certified public accountant, and shall
<br />submit a copy of the report of this audit to COUNTY within ninety
<br />(90) days of the conclusion of its established fiscal year. In
<br />addition, for COUNTY'S 1990-91 fiscal year and for each succeeding
<br />fiscal year of COUNTY for which ARTS COUNCIL seeks a continuing
<br />appropriation from COUNTY, by no later than March 15, ARTS COUNCIL
<br />shall submit to COUNTY its proposed budget for COUNTY'S next ensuing
<br />fiscal year.
<br /> 6. ARTS COUNCIL agrees to hold COUNTY harmless from any and
<br />all liability, damages or claims, including attorney's fees, that
<br />might be asserted or suffered by COUNTY as a result of any act or
<br />omission of any of ARTS COUNCIL's officers, employees, agents or
<br />representatives arising out of services performed pursuant to this
<br />contract.
<br /> 7. This Contract may be terminated by either party upon
<br />thirty (30) days' prior written notice to the other party, and may
<br />be renewed and continued in full force and effect for each
<br />successive fiscal year in which COUNTY makes an appropriation to
<br />ARTS COUNCIL in its annual budget. Failure of COUNTY to make an
<br />appropriation to ARTS COUNCIL in its annual budget shall be evidence
<br />that this Contract has not been renewed.
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