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<br />seeding, drainage, outbuildings, infrastructures and facilities including
<br />without limitation, parking, restrooms and storage facilities (the "Complex");
<br />and
<br /> WHEREAS, the Complex will be accessible for use by all residents of the
<br />County, including without limitation, residents of the City and. individuals
<br />participating in soccer teams and activities sponsored by CSA; therefore, CSA
<br />and the City, pursuant to the terms and conditions more fully set forth below,
<br />wish to contribute financially toward the design and development of the
<br />Complex and have agreed, over a period of 3 years beginning January 1, 2001,
<br />to each contribute $300,000 in cash toward deferral of Complex design and
<br />construction costs, for a combined total contribution of $600,000 by the City
<br />and CSA.
<br /> NOW THEREFORE, in consideration of the premises and other good and
<br />valuable consideration acknowledged by the parties to be sufficient, the City,
<br />CSA and the County hereby agree as follows:
<br />
<br />COUNTY, CITY AND CSA RESPONSIBILITIES AND COMPLEX USE
<br /> city and CSA Cash Contributions. From January 1, 2001 through December
<br /> 31, 2003, CSA and the City shall each contribute an aggregate of
<br /> $300,000 in cash to the County (hereafter referred to as the "CSA
<br /> Pledge" and the ~City Pledge") for a combined contribution of
<br /> $600,000.00. The City Pledge and the CSA Pledge are each payable in
<br /> annual payments of One Hundred Thousand Dollars and 00/100 ($100,000),
<br /> due and payable at any time during the year but at the latest by
<br /> December 31 of each of the following years: 2001, 2002 and 2003. The
<br /> County shall use the CSA Pledge and the City Pledge to help defer the
<br /> cost of design and development of the Complex. CSA and the City shall
<br /> be solely and exclusively responsible for raising and contributing to
<br /> the County their respective pledges within the requisite three-year
<br /> period. Neither CSA's nor the City's obligation to make its respective
<br /> pledge is contingent upon the pledge commitments or fulfillment of those
<br /> commitments by each other or by any other party.
<br />
<br />CSA and City Priority Field Use. In exchange for its pledge, and in
<br />accordance with this Agreement, CSA and the City will each be afforded
<br />Priority Use of five Complex soccer fields, which includes four large
<br />size fields (as defined by FIFA International Matches, Law 1) and one
<br />small size field (UIO as defined by NCYSCA) for match play only
<br />(~Priority Fields"), unless otherwise approved by the Committee.
<br />"Priority Use" means that and CSA or the City receive the first option
<br />to use (or decline use) of any of their respective Priority Fields prior
<br />to another party obtaining authority to use such field. In the event
<br />CSA or the City fail to contribute their respective pledges in a timely
<br />fashion, Priority Use of their respective Priority Fields will be
<br />prorated as follows:
<br />
<br />a) contribution of under $60,000.00 will not entitle such entity to
<br /> Priority Use of any Complex field;
<br />b) contribution of $60,000.00 shall entitle such entity to Priority Use
<br /> of one Priority Field;
<br />c) contribution, of $120,000.00 shall entitle such entity to Priority Use
<br /> of two Priority Fields;
<br />d) contribution of $180,000.00 shall entitle such entity to Priority Use
<br /> of three Priority Fields;
<br />e) contribution of $240,000.00 shall entitle such entity to'Priority Use
<br /> of four Priority Fields; and
<br />f) contribution of the pledged $300,000.00 shall entitle such entity to
<br /> Priority Use of five Priority Fields; however, so long as CSA and the
<br /> City are making all of their respective pledge payments on a timely
<br /> basis, such party shall be entitled to Priority Use of all five
<br /> assigned Priority Fields from the inception of this Agreement.
<br />
<br />Soccer Programs. CSA will provide youth soccer programs for all CSA
<br />members. The City will provide soccer programs for all City residents
<br />and will be the scheduling agency for the countywide recreational soccer
<br />programs for all City and County sponsored programs.
<br />
<br />CSA and City Non-Priority Use. CSA and the City will also be allowed to
<br />use all other Complex fields on a non-priority basis based upon
<br />availability as determined by the Complex Operating Committee (the
<br />"Committee"; as described more fully below.) This usage includes co-
<br />sponsoring tournaments, camp programs, or groups approved by the
<br />Committee.
<br />
<br />Equipment. In addition to the pledges, CSA and the City will be
<br />responsible for providing all standard goals, bleachers, nets, corner
<br />flags, paint and any other soccer equipment or device of any kind or
<br />nature needed 'for their respective Priority Fields ('hereafter for
<br />convenience purposes, all such equipment or devices on the Priority'
<br />Fields shall be collectively referred to as "Equipment"). The City and
<br />CSA will also be responsible for the proper installation, inspection,
<br />proper function, maintenance, repair, replacement and safety of any
<br />Equipment. The Equipment will remain property of the City and CSA
<br />respectfully.
<br />
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