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July 22, 2002 Page 403 Department of Transportation has completed construction along NC 49. Further, the Board authorized the County Manager to negotiate a contract with Allen Industries for Program B based on the non-unit bid amount of $44,994.22 and the unit bid.amount of $982.20. (E-3) First Amendment to Agreement for PrioritY Use of Specified Recreation Facilities for the Stonewall Jackson Soccer Complex UPON MOTION of Commissioner Fennel, seconded by Vice Chairman Carruth and unanimously carried, the Board approved the ~First Amendment to Agreement for Priority Use of Specified Recreation Facilities Stonewall Jackson Soccer Complex" and authorized the Chairman to execute the following Amendment on behalf of Cabarrus County. STATE OF NORTH CAROLINA COUNTY OF CABARRUS FIRST AMENDMENT TO AGREEMENT FOR PRIORITY USE OF SPECIFIED RECREATION FACILITIES STONEWALL JACKSON SOCCER COMPLEX THIS AMENDED AGREEMENT, made and entered into as of the 12tn day of July, 2002, between the CABARRUS SOCCER ASSOCIATION ("CS~"), a North Carolina youth athletic organization, the CITY OF CONCORD, a North Carolina Municipal Corporation (the "City") and CABARRUS COUNTY, a political subdivision of the State of North Carolina (the "County") (hereafter, this document may be referred to as the uAmended Agreement"). WITNESSETH WHEREAS, on or about the 23rd day of April, 2001, the CountY, CSA and the City entered into an agreement titled Agreement for Priority Use of Specified Recreation Facility Stonewall Jackson Complex (the "Agreement"), and WHEREAS, due to unfavorable economic conditions, CSA has not been able to raise funding for the Complex in accordance with the payment schedule .as set forth in the Agreement, and WHEREAS, CSA has requested an amendment to the Agreement to allow CSA to meet its pledge of $300,000.00 over a six year period in six payments of $50,000.00 per year, and WHEREAS, the County and the City are agreeable to such amended payment schedule, which will also allow the City the same amended payment schedule. NOW THEREFORE, in consideration of the premises and other good and valuable consideration acknowledged by the parties hereto to be sufficient, the City, CSA and the County hereby agree as follows: 1. The Section in the Agreement titled "County, City and CSA Responsibilities and Complex Use: City and CSA Cash Contributions is hereby amended in its entirety to now read. COUNTY, CITY AND CSA RESPONSIBILITIES AND COMPLEX USE City and CSA Cash Contributions. From January 1, 2001 through December 31, 2006, CSA and the City shall each contribute an aggregate of $300,000 in cash to the County (hereafter referred to as the "CSA Pledge" and the "City Pledge") for a combined contribution of $600,000.00. The City Pledge and the CSA Pledge are each payable in annual payments of Fifty Thousand Dollars and 00/100 ($50,000), due and payable at any time during the year but at the latest by December 31 of each of the following years: 2001, 2002, 2003, 2004, 2005 and 2006. The County shall use the CSA Pledge and the City Pledge to help defer the cost of design and development of the Complex. CSA and the City shall be solely and exclusively responsible for raising and contributing to the County their respective pledges within the requisite six-year period. Neither CSA's nor the City's obligation to make its respective pledge is contingent upon the pledge commitments or fulfillment of those commitments by each other or by any other party. 2. Except as specifically amended above, the remaining terms and conditions of the Agreement shall remain in full force and effect.