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=r 4 <br /> TEEREAS, the County is authorized to make public expenditures for parks and recreation; and <br /> WI ERFAS, the County is authorized to contract with private entities for any public purpose; and <br /> WHEREAS, the County is authorized to enter into continuing, multiple-year agreements and <br /> md <br /> WIERFAS, the County has determined that it is in the best interest of the County that, instead <br /> and operating its own pool, the County contract with the Corporation to provide a public pool <br /> tonal services through the operation of the CAC Pools for the benefit of Orange County <br /> MW,, THEREFORE, in consideration of the mutual covenants herein contained, the Corporation <br /> Kbe County hereby agree as follows: <br /> ARTICLE I <br /> PURPOSE OF AGRELNILN r; EsSE`jTIALM <br /> The purpose of this Agreement is to give the residents of Orange County access to three public <br /> pools by having the County compensate the Corporation for the costs associated with the use <br /> FW an of the CAC Pools. <br /> ARTICLE II <br /> ENGAGE.NMNT <br /> Section 2.01. Engagement of the Corporation. The County hereby engages and retains the <br /> jb9cradoa as an independent contractor to provide and operate the CAC. <br /> Section 2.02. Scope of Engagement. The Corporation shall provide the CAC and furnish facility <br /> epernional services as reasonably required for the efficient construction and operation of the CAC. <br /> Corporation agrees to build and operate the CAC similarly to the manner in which the County would <br /> cod operate its own recreation facilities, as set forth in the Operating Memorandum attached hereto <br /> it A. <br /> ARTICLE III <br /> PAYMENT OBLIGATION <br /> Section 3.01. Payment of Fee. For services to be rendered by the Corporation hereunder, the <br /> hereby agrees to pay an annual fee (the "Fee") of Four Hundred Thousand Dollars (S 400,000). <br /> Fa will be paid in twelve equal monthly installments. The first monthly installment payment of the <br /> h due and payable on the first day the CAC is open for use by general public(the "Opening Date"}. <br /> =cd and each subsequent payment is due and payable on the first day of the each month thereafter <br /> the term of the Agreement, as set forth in Section 4.02. If the date for making payment as <br /> herein, is not a business day, such payment may be made on the next succeeding business day, <br />