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NORTH CAROLINA <br />PERFORMANCE AGREEMENT <br />ORANGE COUNTY <br />THIS AGREEMENT made and entered into by and between the TOWN OF CHAPEL HILL, a <br />North Carolina Municipal Corporation, 405 Martin Luther King Jr. Boulevard, Chapel Hill, <br />North Carolina 27514, hereinafter referred to as "Town" and Chapel Hill /Orange County Visitors <br />Bureau, 501 West Franklin Street, Suite 104, Chapel Hill, NC 27516, herein "Contractor" for <br />services hereinafter described for the Town of Chapel Hill. This contract is for a comprehensive <br />visitor services program targeted toward providing services to potential visitors to Chapel Hill <br />and Orange County for FY 2013 -14. <br />WITNESSETH <br />That for and in consideration of the mutual promises and conditions set forth below, the Town <br />and Contractor agree: <br />WHEREAS, Contractor agrees to provide a comprehensive visitor services program targeted <br />toward providing services to potential visitors to Chapel Hill and Orange County; and <br />WHEREAS, the Contractor shall use Town funds for general operational support and to provide <br />visitor services; and <br />WHEREAS, it is in the interest of the Town that said program be assisted by the Town and <br />thereby be available to the residents and visitors of the Town; <br />NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions <br />hereinafter set forth, the Town and Contractor agree as follows: <br />That for and in consideration of the mutual promises and conditions set forth below, the Town <br />and Contractor agree: <br />Duties of the Contractor: Contractor agrees to provide the services described in the Work <br />Statement of this Agreement. <br />2. Town Support: The Town appropriated the sum of One Hundred Seventy Five Thousand <br />Dollars ($175,000) to the Contractor for the fiscal year 2013 -2014. The Town will also <br />pay the Contractor 50% of any additional revenues collected in the event that hotel /motel <br />occupancy receipts exceed the budgeted amount of $950,000. The Town does not <br />obligate itself to provide any other support to Contractor this fiscal year or in succeeding <br />years. <br />Payment and Documentation: Contract amount not to exceed $175,000, unless Town <br />occupancy receipts exceed $950,000 (See paragraph 1). Payments of $43,750 each will <br />be made on or after the following dates: July 1, 2013; October 1, 2013; January 1, 2014; <br />Small Service Contract Format Revised 4/2013 Page 1 of 5 <br />