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477
<br />
<br />State of North Carolina, hereinafter referred to as the "COUNTY", by and through
<br />its Board of Commissioners, and HISTORIC CABARRUS, Inc., a non-profit corporation
<br />of Cabarrus County, North Carolina.
<br /> W I T N E S S E T H: that -
<br /> WHEREAS, HISTORIC CABARRUS, Inc. is a non-profit corporation located in
<br />Cabarrus County, North Carolina, the purpose of which is among other things, to
<br />restore and make the Old Courthouse a beneficial and serviceable asset for the
<br />community; and
<br /> WHEREAS, COUNTY is authorized to make contributions to HISTORIC CABARRUS,
<br />Inc. under the provisions of G.S. 153A-247, 153A-274, Chapter 130 of the General
<br />Statutes, and otherwise pursuant to its police power; and
<br /> WHEREAS, COUNTY and HISTORIC CABARRUS, Inc. desire to enter into a contract
<br />whereby HISTORIC CABARRUS, Inc. will initiate and implement programs consistent
<br />with its purposes hereinbefore set forth; and
<br /> WHEREAS, HISTORIC CABARRUS, Inc. desires to obtain the financial support
<br />of COUNTY for a portion of its costs incurred in the maintenance and up-keep of
<br />the Old Courthouse, in the interest and welfare of its citizens, COUNTY desires
<br />to provide financial support for a portion of the costs incurred by HISTORIC
<br />CABARRUS, Inc. in providing such a facility; and
<br /> WHEREAS, COUNTY has appropriated the sum of Five Thousand Dollars
<br />($5,000.00) to assist HISTORIC CABARRUS, Inc. in providing such a public facility
<br />for the period July 1, 1990 - June 30, 1991.
<br /> NOW, THEREFORE, in consideration of the premises, COUNTY and HISTORIC
<br />CABARRUS, Inc. 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. HISTORIC CABARRUS, Inc. shall make the building available for use by
<br />the general public for such uses as meetings, theatrical performances, seminars,
<br />etc. at a reasonable and affordable rate.
<br /> 3. COUNTY shall allocate and pay to HISTORIC CABARRUS, Inc. eleven (11)
<br />successive monthly payments of Four Hundred Sixteen Dollars Sixty-Six Cents
<br />($416.66) each, and a twelfth (12th) and final monthly payment of Four Hundred
<br />Sixteen Dollars Seventy-Four Cents ($416.74), for a total sum of Five Thousand
<br />Dollars ($5,000.00), with each successive monthly payment to be made on or about
<br />the last day of each month, commencing July 31, 1990.
<br /> 4. HISTORIC CABARRUS, Inc. shall use the funds paid to it by COUNTY for
<br />the public purposes set forth hereinbefore. At the end of its fiscal year,
<br />HISTORIC CABARRUS, Inc. shall undergo an audit of its operations conducted by
<br />a certified public accountant, and shall submit a copy of the report of this
<br />audit to COUNTY within ninety (90) days of the conclusion of its established
<br />fiscal year. In addition, for COUNTY's 1991-92 fiscal year and for each
<br />succeeding fiscal year of COUNTY for which HISTORIC CABARRUS, Inc. seeks a
<br />continuing appropriation from COUNTY, by no later than March 15, HISTORIC
<br />CABARRUS, Inc. shall submit to COUNTY its proposed budget for COUNTY's next
<br />ensuing fiscal year.
<br /> 5. HISTORIC CABARRUS, Inc. agrees to hold COUNTY harmless from any and
<br />all liability, damages or claims, including attorney's fees, that might be
<br />asserted or suffered by COUNTY as a result of any act or omission of any of
<br />HISTORIC CABARRUS, Inc.'s officers, employees, agents or representatives arising
<br />out of services performed pursuant to this Contract.
<br /> 6. 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 HISTORIC CABARRUS, Inc. in its annual budget. The COUNTY's
<br />omission in its annual budget of an appropriation to HISTORIC CABARRUS, Inc.
<br />shall establish that this contract has not been renewed.
<br /> IN TESTIMONY WHEREOF, each of the parties have caused this agreement to
<br />be duly adopted and executed by its authorized officers on the day and year first
<br />above written.
<br /> CABARRUS COUNTY
<br /> By:
<br /> Chairman, Board of
<br />ATTEST: County Commissioners
<br />
<br /> Clerk
<br />ATTEST:
<br />
<br />By:
<br />
<br />HISTORIC CABARRUS, Inc.
<br />
<br />President
<br />
<br />Secretary
<br />
<br />
<br />
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