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April 15, 2002 Page 335 ARTICLE IV. PARK MAINTENANCE AND REPAIRS 4.1 Maintenance Responsibilities. The City shall maintain the Park as part of the City's park system and in a manner consistent with maintenance performed at other City park and recreational facilities. The City may contract for maintenance and grounds keeping services at the Park with a private contractor. The City is responsible for park maintenance costs. 4.2 Maintenance Schedule. The City shall adopt a maintenance schedule for the Park consistent with maintenance schedules at other comparable City park and recreation facilities. 4.3 Repairs and Replacement of Facilities. The City shall be responsible for the general repairs, replacement and maintenance of all Park facilities and improvements at the Park, including without limitation, structural repairs of roofs, asphalt, fencing, lights, buildings, etc. ARTICLE V. MISCELLANEOUS 5.1 Indemnity and Insurance. The City and the County do hereby indemnify and hold harmless each .other from any and all liabilities, losses, costs, or expenses whatsoever (including without limitation, attorneys' fees and court costs) as they are incurred and finally awarded, arising out of, attributable to or resulting from any claims by the other party, its agents, invitees, employees, or by any third parties, as a result of occurrences within the Park. The.City shall maintain in force during the term of the lease, public liability insurance naming the County as an additional insured, with coverage in an amount of no less than $1,000,000.00 per occurrence. Such policy shall contain a provision that the policy cannot be canceled without thirty (30) days prior written notice to the County. A copy of said policy or endorsement and each renewal thereof during the term of this lease shall be delivered to the County. 5.2 Entry Upon Abandonment. In the event the Cit~ at any time during the term of this lease abandons the Property of and part thereof, the County may, at County's option, retake possession of the Property. 5.3 Termination of Agreement. Either party may terminate this Agreement with a sixty (60) day written notice to the City Manager or County Manager. 5.4 Miscellaneous. Each Party to this Agreement further agrees as follows: i. Without further consideration, each party shall at any time, and from time to time, execute and deliver to any other party such further document, and take such other action, as any other party may reasonably request in order to effectuate the purposes of this Agreement. ii. Ail understandings and agreements heretofore had between the parties are merged in this agreement and the related agreements executed in conjunction with this Agreement, all of which together fully and completely express their agreement, and no representations or warranties have been made by any party to another party except as are herein expressly set forth or required pursuant to this Agreement and the related agreements executed in conjunction with the Agreement. iii.The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect any of the terms hereof. iv. This Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. V. If any provision of this Agreement is determined by a court of competent jurisdiction to be illegal or unenforceable, such provision shall be automatically reformed and construed as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of the Agreement. vi. The execution and delivery of the Agreement and the performance of the obligations hereunder have been duly authorized by all requisite actions required by law of each party. vii. Any correspondence relating to WW Flowe Park should be sent to the following address: City of Concord Director, Parks and Recreation P.O. Box 308 Concord, NC 28026 IN WITNESS WHEREOF, the Cabarrus County commissioners and the Concord City Council have approved this Agreement and caused it to be executed and attested by their duly authorized officials. COUNTY OF CABARRUS By: /s/ Robert M. Freeman ATTEST: Robert M. Freeman, Chairman