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BK -00028 PG:0417 <br />AGREEMENT TO USE O.T. SLOAN PARK <br />WITNESSETH: This Agreement is made and entered into by Lee County North Carolina, <br />hereinafter referred to as the "County;" Downtown Sanford Inc., hereinafter referred to as <br />"DSI;" and Sanford Area Growth Alliance, hereinafter referred to as "SAGA." That for the <br />purpose and subject to the terms and conditions hereinafter set forth, the County hereby <br />agrees to allow DSI and SAGA, free of charge, to use O.T. Sloan Park for one night for the <br />purpose of hosting participants of the 2016 Cycle North Carolina "Mountains to Coast" event. <br />FIRST: This Agreement is effective beginning October 5, 2016 and ending October 6, 2016. <br />This Agreement may be amended only by written agreement signed by both parties. <br />SECOND: This Agreement is not to be construed in any way as giving County any <br />responsibilities with preparing, hosting, cleaning up, or providing volunteers or vendors for the <br />Cycle NC event. DSI and SAGA are working with Cycle North Carolina to host this event and <br />the County is solely providing O.T. Sloan Park as the facility for participants to stay overnight. <br />THIRD: DSI and SAGA agree to hold County harmless for any and all losses, liabilities, <br />damages, costs, or expenses (including, but not limited to, reasonable attorney's fees or <br />other litigation costs and expenses) incurred by the County as a result of any claims or suits <br />that may be brought against the County. <br />FOURTH: Under this Agreement, DSI and SAGA will pay for any damage caused to any of <br />the real and/or personal property of O.T. Sloan Park owned by the County. County will have <br />the right to inspect O.T. Sloan Park after the event to ensure that no damage has been done. <br />If damage exists, the County will notify DSI and SAGA within 48 hours of the ending of the <br />event and said damage must be fixed/restored immediately thereafter at the expense of DSI <br />and SAGA. <br />FIFTH: DSI and SAGA agree to leave O.T. Sloan Park in at least the same condition as it <br />was on October 5, 2016 before any of the participants, vendors, or representatives of the <br />2016 Cycle North Carolina arrived. <br />By signature, each party agrees to the terms contained herein. <br />Jo n Cru ton, Date <br />L,Vee County Ma ager <br />Jennifer St. Clair Date <br />Downtown Sanford, Inc. <br />Bob Joyce Date <br />Sanford Area Growth Alliance <br />