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507 2. Guarantee that the project shall include but shall not be limited to an indoor cool water swimming pool, an indoor warm water activity area, locker rooms, teen center and fitness center along with associated support areas to service client needs. 3. Provide specific access to the aquatic facilities for Cabarrus County school systems swimming related activities including but not limited to scheduled swim practices and aquatic related functions. These services shall be available for an initial term of not less than fifteen (15) years and subject to renewal by the consent and agreement of the parties based upon terms agreed to at that time. 4. Be responsible for securing the additional funding /financing required to complete the project as proposed through resources other than the COUNTY or COUNTY school systems. 5. Shall possess and independently use, operate and maintain the facility as a YMCA. 6. Shall provide documentation that funds appropriated by the COUNTY toward this project were used as intended. ADDITIONALLY: 1. The parties agree that should for any reason the project as proposed NOT be built, then the COUNTY shall have no financial obligations as described above, and shall any funds have been paid by the COUNTY to the YMCA, those funds shall be returned to the COUNTY. 2. The parties agree that should the arrangement for use of the YMCA aquatic facilities by the COUNTY'S school systems cease earlier than proposed, then the funds provided by the COUNTY shall be prorated over the remaining time frame short of the original fifteen (15) years. The YMCA shall reimburse the COUNTY accordingly (1/15th for each year remaining). 3. The parties agree that the YMCA shall provide access to all COUNTY and School System employees through an agreed upon special membership plan at the most favorable rate available from the standard membership fee schedule and shall waive any required 'initiation' fees accordingly. The COUNTY and school systems shall provide payroll deduction access to participating employees to assist the YMCA with membership fee administration. APPROVED BY ACTION OF THE BOARD OF COUNTY COMMISSIONERS AT ITS MEETING HELD AUGUST 15, 2000. IN WITNESS WHEREOF, the parties hereto have caused the Memorandum of Understanding to be executed as of the date first above written. CANNON MEMORIAL FAMILY YMCA, INC. A North Carolina Not For Profit Corporation BY: /s/ John A. King, II ITS: Chairman, Board of Directors WITNESSES: /s/ Roland Davey CABARRUS COUNTY, a North Carolina Governmental Entity (County) BY: /s/ Arne L. Fennel ITS: Chairman, Board of Commissioners WITNESSED: /s/ Frankie F. Bonds THIS AGREEMENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACTS. BY: /s/ Blair D. Bennett Blair D. Bennett, Finance Director Of the County of Cabarrus County, N. C. Closed Session Prior to adjourning the meeting, the Board agreed to go into a brief Closed Session to discuss a property acquisition matter. UPON MOTION of Chairman Fennel, seconded by Commissioner Privette and unanimously carried, the Board voted to go into Closed Session to discuss the acquisition of real property in the area of Highway 601 Bypass and Highway 29 as authorized by North Carolina General Statute 143-318.11(a) (5). Stating he had another commitment, Chairman Fennel asked to be excused from the Closed Session. UPON MOTION of Commissioner Privette, seconded by Commissioner Barnhart and unanimously carried, the Board voted to excuse Chairman Fennel from the meeting. Vice Chairman Carpenter presided during the Closed Session.