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563 <br /> <br />($30,653.00), the net amount remaining from the Holt Bequest in a single lump <br />sum. <br /> 4. Within ninety (90) days of the end of its current fiscal year and <br />thereafter, within ninety (90) days of the end of any subsequent fiscal year in <br />which the FRIENDS OF THE LIBRARY shall continue to administer all or any portion <br />of the funds of the Holt Bequest, the FRIENDS OF THE LIBRARY shall undergo an <br />audit of its operations conducted by a certified public accountant, and shall <br />submit a copy of the report of this audit to CABARRUS. In addition, in the event <br />that all or any part of the Holt Bequest herein is retained by the FRIENDS OF <br />THE LIBRARY for any fiscal year subsequent to July 1, 1992, for any such fiscal <br />year of the FRIENDS OF THE LIBRARY, the FRIENDS OF THE LIBRARY shall submit to <br />CABARRUS: (a) a report of the activities and programs sponsored by the FRIENDS <br />OF THE LIBRARY with the Holt Bequest funds for the prior fiscal year; and (b) <br />the proposed budget of the FRIENDS OF THE LIBRARY for the expenditure of <br />remaining Holt Bequest funds for the next subsequent fiscal year. <br /> <br /> 5. In addition to the foregoing, the FRIENDS OF THE LIBRARY hereby <br />recognize and agree: <br /> (a) That Holt Bequest funds shall be and remain the property <br /> of CABARRUS and that all material items purchased with Holt Bequest <br /> funds are and will remain the property of CABARRUS; <br /> (b) To establish an account in a financial institution solely <br /> for the purpose of deposit of the Holt Bequest funds, and agrees <br /> that in administering this account it will not be merged or mingled <br /> with the funds of any other financial account of the FRIENDS OF THE <br /> LIBRARY: <br /> (c) That additional donations may be made to the Holt Bequest <br /> funds by groups or individuals; that these donations will be placed <br /> in the Holt account, and will become the property of CABARRUS; <br /> (d) In the event that the FRIENDS OF THE LIBRARY should cease <br /> to exist or in the event that the FRIENDS OF THE LIBRARY should <br /> decide that it no longer wishes to serve as custodian of Holt <br /> Bequest funds, it is agreed that all remaining Holt Bequest funds <br /> shall be returned to CABARRUS: <br /> (e) That any proposed expenditure of Holt Bequest funds must <br /> be approved ~by the CABARRUS Library Board of Trustees with the <br /> recommendation of the Branch Librarian of the Charles Ao Cannon <br /> Memorial Library - Kannapolis Branch; and <br /> (f) That the Branch Librarian and the FRIENDS OF THE LIBRARY <br /> will submit a set of guidelines for the expenditure of Holt Bequest <br /> funds to the CABARRUS Library Board of Trustees. These guidelines <br /> must be compatible with those stated in the Will of Margaret M. Holt <br /> relative to the Holt Bequest. Before any expenditure can be made <br /> of the Holt Bequest funds, these guidelines must be approved by the <br /> Library Board of Trustees. <br /> <br /> 6. The FRIENDS OF THE LIBRARY agrees to hold CABARRUS harmless from any <br />and all liability, damages or claims, including attorney's fees, that might be <br />asserted or suffered by CABARRUS as a result of any act or omission by the <br />FRIENDS OF THE LIBRARY, its officers, employees, agents or representatives, <br />arising from or related to the services performed by the FRIENDS OF THE LIBRARY <br />pursuant to this agreement. <br /> IN TESTIMONY WHEREOF, the parties have caused this agreement to be duly <br />executed by their authorized officers pursuant to resolutions adopted in <br />accordance with law. <br /> <br />ATTEST: <br />/s/ Frankie F. Bonds <br /> <br />Clerk <br /> <br />CABARRUS COUNTY <br />By: /s/ Carolyn B. Carpenter <br /> Chairperson of the Board <br /> of County Commissioners <br /> <br />FRIENDS OF THE CABARRUS- <br />KANNAPOLIS LIBRARY, INC. <br />By: /s/ Jacquelynn M. Wiggins <br />President <br /> <br />ATTEST: <br />/s/ Lallah W. Heath <br /> <br />Secretary <br /> <br /> <br />