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April 15, 2002 Page 336 /s/ Frankie F. Bo~d~ CLERK [SEAL] This instrument has been preaudited in the manner required by Local Government Budget and Fiscal Control Act. /s/ Blair D. Bennett Cabarrus County Finance Director CITY OF CONCORD By: /s/ Scott Padgett ATTEST: Scott Padgett, Mayor /s/ Vickie C. Weant CLERK [SEAL] Approved as to form /s/ R. E. Cansler, Assistant City Attorney This instrument has been preaudited in the manner required by Local Government Budget and Fiscal Control Act. /s/ Joyce A. Allman City of Concord Finance Director A~reement with Cabarrus County Boys and Girls Club, Inc. for the Use, Operation and Maintenance of Camp Spencer Mr. John Day, Deputy County Manager for Operations, presented the proposed Agreement between Cabarrus County and the Cabarrus County Boys and Girls Club, Inc. for the County to manage, operate and maintain Camp Spencer, a recreational facility owned by the Boys and Girls Club and located in eastern Cabarrus County. He explained that the proposed agreement for a period of 25 years, and renewable for additional terms, would provide additional park facilities for the citizens of Cabarrus County. Mr. Bryan King, President of the Cabarrus County Boys and Girls Club, supported the proposed Agreement, stating it was a good opportunity for both the County and the Boys and Girls Club. The public will be able to use the facility and the Boys and Girls Club will continue to operate its day camp during the summer. UPON MOTION of Commissioner Privette, seconded by Commissioner Suggs and unanimously carried, the Board approved the Agreement with Cabarrus County Boys and Girls Club, Inc., for the use, operation and maintenance of Camp Spencer and authorized the Chairman to execute the following Agreement on behalf of Cabarrus County. STATE OF NORTH CAROLINA AGREEMENT COUNTY OF CABARRUS THIS AGREEMENT is made and entered into this the 15th day of April, 2002, by and between the COUNTY OF CABARRUS (hereinafter referred to as "County") and the CABARRUS COUNTY BOYS & GIRLS CLUB, INC. (hereinafter referred to as the "Club"). WITNESSETH: WHEREAS, the county desires to provide recreational services, programs and facilities for the welfare of its citizens; and WHEREAS, the Club agrees to lease to the County a 50.14 acre tract for a public camp and recreational area, commonly knOwn as Camp Spencer, to provide greater leisure opportunities for the citizens of Cabarrus County, North Carolina; and WHEREAS, this agreement is intended to set forth certain responsibilities and obligations between the County and the Club relating to the lease and development of the Property. NOW, THEREFORE, upon valuable consideration, the receipt of which is hereby acknowledged by each party and upon the premises contained herein, the parties agree as follows: Article 1. The Lease of the Property 1.0 The Property. The Club is the owner of property totaling approximately 50.14 acres on Rimer Road, Cabarrus County, North Carolina, commonly known as Camp Spencer, a survey and/or boundary map of which property is attached hereto as Exhibit "A", and hereafter referred to as the "Property". 1.1 Lease of the Property. Beginning July 1, 2002, the parties hereby agree that the County shall lease the Property from the Club for a period of twenty-five (25) years at an annual rent of $1o00 per year payable January 1 of each year (hereinafter the "Lease"). The Property shall be used for camp development and recreational purposes. The County shall' not be permitted to enter into any subleases of the Property without written consent of the Club. However, use of the Property as a public facility, as set forth herein, ~hich may from time to time result in third party use of the Property for a fee, shall not be construed as subletting for purposes of this agreement. The Club shall deliver possession of the Property to the County on July 1, 2002.