1991 - 12-16-91 Regular Meeting - Laserfiche WebLink

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M[rub ^,.rc 18 1' the State of North Carolina, and a body both political and corporate, hereinafter referred to as County and Kiwanis Club of Lee County, Inc., a corporation organized and ex:.sting under and by virtue of the laws of the State of North Carolina, with its principal office and place of business in Lee County, North Carolina, hereinafter called Kiwanis; WITNESSETH: WHEREAS, County owns a tract of land which is more particularly described in Exhibit A attached hereto and which descriptions are incorporated herein by such reference; and WHEREAS, said tract of land is located on Wicker Street, Sanford, North Carolina, and is known as Park Avenue Park and is hereinafter referred to as Park; and WHEREAS, Kiwanis wishes to participate in the development of said area for public outdoor recreation uses; NOW, THEREFORE, in consideration of the mutual promises herein contained and the sum of TEN DOLLARS, each to the other paid, the parties agree as follows: 1. DEVELOPMENT OF PARK.. County agrees to allow Kiwanis to develop, add to, maintain, and improve the Park subject to the approval of the County pursuant to any county, state or federal applicable rules and regulations. 2. NAME OF PARK. The name of the Park shall be determined by mutual consent of Kiwanis and the County at an agreed upon time. 3. USE OF PARK. The Park shall be used for public outdoor recreation uses and no person in the United States shall, on the ground of race, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity at said Park. Likewise no qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity at said Park. 4. FEES. No costs other than those lawfully determined and charged by the Lee County Parks and Recreation Commission shall be imposed for use of the Park and its facilities. Kiwanis is to be allowed to use the park and its facilities at no charge and is to be accorded preferential treatment in reservation of times and dates for such use; provided that its requests are submitted in keeping with the reservation procedures established and prescribed by the Lee County Parks and Recreation Commission for such park. S. MAINTENANCE AND OPERATION. County agrees that it, through the Lee County Department of Parks and Recreation, will reasonably 3