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Please return this copy to the Clerk's to the Board's <br /> —office for permanent agenda file. <br /> 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 /> 1. 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 /> 3. 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 />