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<br />
<br />COUNTY RESPONSIBILITIES AND COUNTY COMPLEX USE
<br /> Design and Construction. The County will select one firm to assist in
<br /> the design of the Complex and will serve as the sole coordinator for
<br /> design and development of the Complex, acting as the sole party to enter
<br /> into various contracts with any and all contractors and other parties
<br /> the County deems necessary in order to design and construct the Complex.
<br /> The County will be solely responsible for overseeing and supervising the
<br /> design and construction of the Complex and shall be solely responsibl~
<br /> for any and all costs required for County approved design and
<br /> development of the Complex (including without limitation, grading,
<br /> drainage, irrigation system, seeding and/or sprigging, parking,
<br /> restrooms, and all related infrastructures) that exceed the amount
<br /> contributed by the City and CSA. The County will use its staff whenever
<br /> reasonably possible to help reduce third party costs of construction,
<br /> including whenever possible, to provide rough grading of the Complex.
<br /> The County further agrees to provide a gravel parking area for the
<br /> Complex. Any additional roadway design and construction for the Complex
<br /> shall be considered only as additional funding is available. The
<br /> initial design and construction budget does not contemplate a concession
<br /> facility nor does it contemplate field lighting.
<br />
<br /> Maintenance. The County will provide all necessary Complex field
<br /> maintenance services associated with all Complex fields, including
<br /> Priority Fields. Maintenance services include, but are not limited to,
<br /> mowing, fertilizing, aeration and seeding. The County will also provide
<br /> all other general and customary Complex maintenance services including
<br /> litter pickup, trash pickup, cleaning and stocking restrooms, etc. The
<br /> County will not be responsible for providing cleaning and maintenance
<br /> services for special events, camps or fundraisers of any kind or nature
<br /> sponsored solely by the City or CSA, which entities shall be solely
<br /> responsible for providing such services in a timely fashion.
<br />
<br />The City and CSA will be responsible for the timely lining and marking
<br />of all Complex fields and the maintenance of such. lining and marking.
<br />
<br />The County will provide all future repairs, replacements, and
<br />renovations of all Complex facilities, with the exception of the
<br />Equipment provided by the City and CSA for their respective Priority
<br />Fields, as set forth in this Agreement. The proper installation,
<br />inspection, proper function, maintenance, repair, replacement and safety
<br />of the Equipment for the Priority Fields shall be the sole and exclusive
<br />responsibility of the City and CSA for its respective Priority Fields.
<br />
<br />County Use. The County will be allowed to use all Complex fields based
<br />on availability and as approved by the Committee and shall not be
<br />assessed any fee for such use.
<br />
<br />JOINT RESPONSIBILITIES OF THE CITY, CSAAND THE COUNTY
<br /> Utilities. The City, County and CSA may, in their sole discretion,
<br /> elect to provide lighting to fields designated for Priority Use by each
<br /> party, provided the Committee's prior written approval of the lighting
<br /> plans and fixtures is obtained. The City, the County and CSA shall
<br /> share equally the cOsts of utilities for the Complex with the exception
<br /> for use of power for lighted fields, which will be charged directly to
<br /> the user groups (CSA, County, City or other third parties). The County
<br /> will be responsible for paying all utilities in full when due and
<br /> billing CSA and the City on an annual basis for its portion of the
<br /> utility payments, which bill CSA and the City each agree to pay within
<br /> 30 days from the date its respective bill is received from the County.
<br />
<br />Additional Permitted Activities. The City, County and CSA may provide
<br />camps, training, clinics and/or tournaments on any and all Complex
<br />fields as scheduling permits. The scheduling of these camps, training,
<br />clinics and tournaments must coordinate with and be approved in writing
<br />in advance by 'the Committee. Tournaments, camps, training and clinics
<br />are not to be offered during the City's or CSA'S regular season unless
<br />approved by the Committee in writing. Revenue derived from such
<br />activities shall belong to the sponsoring organization; however, the
<br />sponsoring organization shall be solely responsible for all extraneous
<br />Complex costs and expenses attendant to such activities, including
<br />without limitation, additional clean-up, extra trash pick-up and damage
<br />to the Complex due to such activities and the participants.
<br />
<br />OPERATION HOURS
<br /> Gates to the Complex are to remain open only during Committee approved
<br /> scheduled times.
<br />
<br />The underlying .Lease Agreement pertaining to the.land where the Complex
<br />is located, which Lease Agreement is between the County and the State of
<br />North Carolina (the "Lease") requires, among ~other things, .that the
<br />County close the Complex to the general public for the following
<br />purposes: maintenance being performed on the UNC Public Television
<br />Tower,'during freezing/thawing weather, during wind gusts above thirty
<br />(30) miles per hour, during thunder and lighting (sic) storms, or during
<br />other unsafe conditions. The parties hereto agree to abide by these
<br />
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