Orange County NC Website
Browse       Search
29 <br />APPROVED 12105/05 <br />12.4 Surrender of Premises. <br />Upon termination of this Agreement (termination shall, for all purposes in this <br />Agreement, include termination pursuant to the terms of this Section 12 and any expiration of the <br />term hereof), RFP shall surrender and vacate the Facility upon the effective date of such <br />termination. The Facility and all equipment and furnishings shall be returned to the County in <br />good repair, reasonable wear and tear excepted, to the extent funds were made available therefor <br />by the County. All reports, records, including financial records, and documents maintained by <br />RFP at the Facility relating to this Agreement other than materials containing RFP's Confidential <br />Information shall be immediately surrendered to the County by RFP upon termination. <br />13. Miscellaneous. <br />13.1 Use of Facility ax Direction of County. <br />(a) At the direction of the Contract Administrator, upon reasonable advance <br />notice and subject to any pre - existing commitments, RFP shall provide use of the Facility or any <br />part thereof to civic and nonprofit organizations located in the locale of the Facility at reduced <br />rates. All event - related expenses, including but not limited to ushers, ticket-takers, security and <br />other expenses incurred in connection with the use of the Facility by such organizations, if not <br />reimbursed to the Facility operating account by the organization using the Facility, shall be <br />reimbursed by the County to the operating accounts specified in Section 5.6. Within thirty (30) <br />days of the execution of this Agreement, and thereafter yearly as part of the annual plan to be <br />provided pursuant to Section 6.2 hereof, RFP shall supply to the County a schedule listing RFP's <br />standard charges for all regular event-related expenses, and such charges shall be the agreed <br />charges, to the extent applicable, for use of the Facility in the circumstances described in this <br />Section. <br />(b) The County shall have the right to use the Facility or any part thereof, <br />reasonable._advance._notice and .subject to any pre-existing commitments. for such purposes__ ........ . <br />as meetings, seminars, training classes or other uses without the payment of any rental or use fee, <br />except that direct out -of- pocket expenses incurred in connection with such uses shall be paid by <br />the County. <br />(c) Except for use of the Facility by the Central Orange Senior Center, the <br />County shall not schedule use of the Facility pursuant to subparagraphs (a) and (b) above if such <br />use will conflict with paying events booked by RFP and shall in all instances be subordinate <br />thereto in terms of priority of use of the Facility. In all instances when the Facility, or part <br />thereof, is to be used at the County's request or by the County pursuant to subparagraph (a) or (b) <br />above, a rent or use fee which otherwise would be chargeable for such event shall be deemed to <br />have been paid and such deemed payment shall constitute Operating Revenues for the purpose of <br />calculating the Operating Revenue Benchmark. <br />(d) The parties acknowledge that certain of the real property owned by the <br />County on or adjacent to the Facility is planned for construction of a Central Orange Senior <br />Center for use by the County and that the construction, use and existence of such shall not <br />27 <br />