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506 <br /> <br />include a rehabilitation center provided in collaboration with NorthEast <br />Medical Center, indoor swimming pools, fitness center, teen center, community <br />meeting rooms, etc. Mr. Davey asked that the County make a funding commitment <br />of $1 million toward the construction of the aquatic facilities. In return, <br />the YMCA will provide access to the aquatic facilities for swimming related <br />activities for the County's school systems. <br /> <br /> There was discussion concerning the proposed Memorandum of <br />Understanding (MOU) between the YMCA and Cabarrus County and a proposed <br />funding commitment for the County to provide $500,000.00 each for Fiscal <br />Years 2003 and 2004. Mr. Hartsell pointed out the MOU contained a non- <br />appropriation clause as the Board could not commit future boards of <br />commissioners to the proposed funding. <br /> <br /> UPON MOTION of Chairman Fennel, seconded by Commissioner Barnhart and <br />unanimously carried, the Board approved the Memorandum of Understanding with <br />the County's financial support for the proposed YMCA facility to be based on <br />two payments of $500,000.00 each in Fiscal Years 2003 and 2004. Further, the <br />County's participation will be tied to a contractual relationship <br />establishing the school systems use of YMCA facilities for aquatic programs. <br />The YMCA, Schools and County would be parties to the final agreement. The <br />Memorandum of Understanding as approved by the Board was as follows: <br /> <br />MEMORANDUM OF UNDERSTANDING <br /> <br />THIS MEMORD2gDUM OF UNDERST~NDING (the "MOU") made and entered into effective <br />as of the 15th day of August, 2000 by and between the CANNON MEMORIAL FAMILY <br />YMCA, INC., (the "YMCA"), a North Carolina not for profit corporation, whose <br />mailing address is P.O. Box 46, Kannapolis, North Carolina 28082-0046, and <br />CABARRUS COUNTY GOVERNMENT (the "COUNTY") attempts to outline generally the <br />agreements of the parties to collaborate in the development of swimming <br />facilities to be constructed and operated by the YMCA in support of aquatic <br />activities sponsored under the oversight of the COUNTY'S school systems. <br /> <br />WHEREAS, the COUNTY desires to secure an opportunity for students of the <br />COUNTY'S school systems to participate in aquatic athletic sports and <br />sporting events, and the YMCA is able and willing to provide for the <br />construction, operation and maintenance of facilities to accommodate the use <br />of the COUNTY'S school system athletic swim programs, and <br /> <br />WHEREAS, the YMCA requests the financial assistance of the COUNTY in <br />developing new facilities to accommodate the increased usage by the COUNTY'S <br />school systems athletic swimming programs, and the parties want to ensure the <br />long-term availability of aquatic facilities designed and maintained to meet <br />the requirements of envisioned school systems aquatic programs, <br /> <br />NOW, THEREFORE, in consideration of the mutual promises and commitments <br />contained herein, the parties agree as follows: <br /> <br />THE COUNTY SHALL: <br />1. Provide a funding commitment to the construction of new aquatic facilities <br /> to be constructed as part of a new YMCA complex to be located at Afton <br /> Village near 1-85 and Crisco Road in Concord. The funding commitment will <br /> be for a total of $1,000,000 in two equal payments of $500,000 each. The <br /> first payment will be in the COUNTY'S fiscal year 2003 (July 2002-June <br /> 2003) and the second payment will be in the COUNTY'S fiscal year 2004 <br /> (July 2003-June 2004). The payments will be made in the month of July of <br /> each fiscal year. <br />2. It is acknowledged and understood by both parties to this agreement that <br /> the COUNTY'S financial obligation is subject to the appropriation of the <br /> required funds by the Cabarrus County Board of County Commissioners for <br /> the two fiscal years designated. <br />3. It is the intent that funds provided by the COUNTY be used toward the <br /> capital cost of constructing the proposed facility either through direct <br /> allocation or through the payment of principal/interest associated with <br /> construction costs. <br />4. The COUNTY shall not be obligated to any further financial costs <br /> associated with the construction, operation or maintenance of the proposed <br /> facilities. <br /> <br />THE YMCA SHALL: <br />1. Use the funds as provided by the COUNTY to construct the proposed aquatic <br /> facility as part of the larger YMCA complex planned for the site. The <br /> COUNTY funds may be used directly toward construction costs or for the <br /> payment of principal/interest associated with the construction project. <br /> <br /> <br />