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474
<br />
<br />State of North Carolina, hereinafter referred to as the "COUNTY", and the
<br />CABARRUS ARTS COUNCIL, INC., a non-profit corporation of Cabarrus County, North
<br />Garolina, hereinafter referred to as the "ARTS GOUNCIL";
<br /> W I T N E S S E T H: that --
<br /> WHEREAS, ARTS COUNCIL is a not-for-profit corporation established to
<br />promote, support, develop and coordinate the cultural arts in Cabarrus County,
<br />North Carolina; and
<br /> WHEREAS, COUNTY and ARTS COUNCIL desire to enter into a contract whereby
<br />ARTS COUNCIL will further promote, support, develop and coordinate the cultural
<br />arts in Cabarrus County; and
<br /> WHEREAS, ARTS COUNCIL desires to obtain the financial support of COUNTY
<br />for a portion of its operating expenses to supplement an anticipated grant for
<br />such expenses from the North Carolina Arts Council in the sum of Five Thousand
<br />Dollars ($5,000.00) (the "Grant"), and in the interests and welfare of its
<br />citizens, COUNTY desires to provide financial support for a portion of the
<br />expenses incurred by ARTS COUNCIL to match the Grant; and
<br /> WHEREAS, COUNTY is authorized to make contributions to ARTS COUNCIL under
<br />the provisions of N.C.G.S. 153A-149(c)(6a), and N.C.G.S. 160A-488; and
<br /> WHEREAS, COUNTY has appropriated the sum of Ten Thousand Dollars
<br />($10,000.00) in addition to the Grant anticipated to be received from the North
<br />Carolina Arts Council for the period July 1, 1990 - June 30, 1991.
<br /> NOW, THEREFORE, in consideration of the premises, COUNTY and ARTS COUNCIL
<br />do mutually agree to the following terms and conditions:
<br /> 1. This contract shall begin July 1, 1990, and shall exist and continue
<br />through June 30, 1991.
<br /> 2. ARTS COUNCIL shall continue to promote, support, develop and coordinate
<br />a program for the cultural arts and provide staffing and services therefor for
<br />the benefit of the citizens and residents of the greater Cabarrus County area.
<br /> 3. Contingent upon receipt from the North Carolina Arts Council of the
<br />Grant for operating support of the Arts Council in the sum of Five Thousand
<br />Dollars ($5,000.00), COUNTY shall allocate and pay to ARTS COUNCIL eleven (11)
<br />successive monthly payments of Eight Hundred Thirty-Three Dollars Thirty-Three
<br />Cents (833.33) each, and a twelfth (12th) and final monthly payment of Eight
<br />Hundred Thirty-Three Dollars Thirty-Seven Cents (833.37), representing a total
<br />appropriation of Ten Thousand Dollars ($10,000.00) from COUNTY'S separate funds
<br />(or a total appropriation of $15,000.00), with each successive monthly payment
<br />to be made on or about the last day of each month, commencing July 31, 1990.
<br /> 4. ARTS COUNCIL shall use the funds paid to it by COUNTY for operation,
<br />development, support, maintenance, staffing and coordination of the cultural arts
<br />in Cabarrus County. At the end of its fiscal year, ARTS COUNCIL shall undergo
<br />an audit of its operations conducted by a certified public accountant, and shall
<br />submit a copy of the report of this audit to COUNTY within ninety (90) days of
<br />the conclusion of its established fiscal year. In addition, for COUNTY'S 1991-
<br />92 fiscal year and for each succeeding fiscal year of COUNTY for which ARTS
<br />COUNCIL seeks a continuing appropriation from COUNTY, by no later than March 15,
<br />ARTS COUNCIL shall submit to COUNTY its proposed budget for COUNTY'S next ensuing
<br />fiscal year.
<br /> 6. ARTS COUNCIL agrees to hold COUNTy harmless from any and all liability,
<br />damages or claims, including attorney's fees, that might be asserted or suffered
<br />by COUNTY as a result of any act or omission of any of ARTS COUNCIL's officers,
<br />employees, agents or representatives arising out of services performed pursuant
<br />to this contract.
<br /> 7. This Contract may be terminated by either party upon thirty (30) days'
<br />prior written notice to the other party, and may be renewed and continued in full
<br />force and effect for each successive fiscal year in which COUNTY makes an
<br />appropriation to ARTS COUNCIL in its annual budget. Failure of COUNTY to make
<br />an appropriation to ARTS COUNCIL in its annual budget shall be evidence that this
<br />Contract has not been renewed.
<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 /> CABARRUS COUNTY
<br /> By:
<br /> Chairman of the Board
<br />ATTEST: of County Commissioners
<br />
<br />Clerk
<br />
<br />CABARRUS ARTS COUNCIL, INC.
<br />By:
<br />
<br />President
<br />
<br />
<br />
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