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coos 13 4 3 0 <br />NORTH CAROLINA, <br />LEE COUNTY <br />THIS AGREEMENT, made and entered into this 1st day of July, 1990, <br />by and between the COUNTY OF LEE, a political subdivision of the State of <br />North Carolina, and a body both politic and corporate, hereinafter referred <br />to as County and KIWANIS CLUB OF SANFORD, IP7C_, a corporation organized and <br />existing under and by virtue of the laws of the State of North Carolina, <br />with its principal office and place of business in Lee County, North <br />Carolina, hereinafter called Kiwanis; <br />W I T N E S S E T H: <br />WHEREAS, County owns five (5) certain tracts of land which are <br />more particularly described in Exhibit A attached hereto and which <br />descriptions are incorporated herein by such reference; and <br />WHEREAS, said tracts of land are located on wicker Street, <br />Sanford, North Carolina, and are known collectively as Kiwanis Family Park <br />and is hereinafter referred to as Park; and <br />WHEREAS, Kiwanis has participated in the development of the Park <br />in the past and wishes to continue to participate in the development of <br />said area for public outdoor recreation uses; <br />NOW, THEREFORE, in consideration of the mutual promises herein <br />contained and the sum of TEN DOLLARS, each to the other paid, the parties <br />agree as follows: <br />I.DEVELOPMENT OF PARK. County agrees to allow Kiwanis to develop, add to, <br />and improve the Park subject to the approval of the County pursuant to any <br />county, state or federal applicable rules and regulations. <br />2.NAME OF PARK. The name of the Park shall be Kiwanis Family Park. <br />3.USE OF PARK. The Park shall be used for public outdoor recreation uses <br />and no person in the United States shall, on the ground of race, color, <br />sex, or national. origin be excluded from participation in, be denied the <br />benefits of, or be otherwise subjected to discrimination under any program <br />or activity at said Park. Likewise no qualified handicapped person shall, <br />on the basis of handicap be excluded from participation in, be denied the <br />benefits of, or be subjected to discrimination under any program or <br />activity at said Park. <br />4. FEES. No costs other than those lawfully determined and charged by the <br />Lee County Parks and Recreation Commission shall be imposed for use of the <br />Park and its facilities. Kiwanis is to be allowed to use the park and its <br />