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STATE OF NORTH CAROLINA COUNTY OF LEE MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF LEE AND THE CITY OF SANFORD FOR A PORTION OF KIWANIS PARK The County of Lee (hereinafter referred to as the "County") and the City of Sanford (hereinafter referred to as the "City") hereby enter into this memorandum of understanding outlining the agreement between the two parties in which the County will deed certain acreage of Kiwanis Family Park to the City for parks and recreational purposes. WITNESSETH: Both parties understand and agree as follows:: 1. The County agrees to donate certain acreage, approximately thirteen.eighty-four (13.84) acres as shown on Attachment A (Survey ), to the City to use for parks and recreational purposes. 2. The City will prepare a deed, and conduct any associated survey, which shall include the restrictions placed on the entire Kiwanis Park land by the Land and Water Conservation Fund Act as evidenced in Attachment B (Notice of Limitation of Use found in Deed Book 439 Page 340 in the Lee County Registry). The County Attorney will cooperate as needed to assist in the preparation of the deed. 3. The deed will be presented to the County Attorney for approval and if satisfactory, the Chair of the Board of County Commissioners will be authorized to sign the deed. 4. The City is willing to assume the perpetual responsibility of maintaining the deeded acreage for parks and recreational purposes and if the land is no longer used by the City for parks and recreational purposes or upon mutual agreement, the land will be conveyed back the County. 5. While the land is in its current state, the County agrees to continue to provide maintenance services. 6. The City agrees to pay for all associated costs of making the improvements to the land. 7. Once improvements have commenced, the City agrees to take over all maintenance of the land and all maintenance of the improvements owned by the City. The City will be responsible for adding the property to its insurance policy. 8. The City agrees to give the County access to the park entrance and any other areas of the property that are necessary for the ingress, egress, maintenance and improvements to the County owned areas of Kiwanis Family Park that include, but are not limited to, the areas encompassing the picnic shelter and walking trails of the Park. 9. The County will maintain ownership of and continue to schedule activities at the Picnic Shelter and gazebo. 10. The City will be responsible for all activities occurring on its property and agrees to follow the park rules and hours as established by the Lee County Parks and Recreation Board. The City shall be authorized to modify the hours for special events occurring on the property owned by the City. 11. If the land is ever transferred back to the County, the City agrees to convey the land back and at the time of conveyance, will remove any improvements, upon request by the County, at the City's expense, as agreed by the Board of County Commissioners and the City Council at that time.