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3 <br /> STATE OF NORTH CAROLINA PERFORMANCE AGREEMENT <br /> COUNTY OF ORANGE OPERATIONAL SUPPORT <br /> This Contract is made and entered into by and between the"Town of Chapel Hill",herein"Town", <br /> and "Orange County by and for Chapel Hill/ Orange County Visitors Bureau, 501 West Franklin <br /> Street, Suite 104, Chapel Hill NC 27516",herein"Contractor", for services hereinafter described <br /> for the Town of Chapel Hill. This Contract is for monetary support for operation of a visitor's <br /> center in Chapel Hill. <br /> WITNESSETH <br /> That for and in consideration of the mutual promises and conditions set forth below, the Town and <br /> Contractor agree: <br /> WHEREAS, the 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 thereby <br /> 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 /> 1. Duties of the Contractor: The Contractor agrees to perform those duties described in <br /> Exhibit A attached hereto and incorporated herein by reference. <br /> 2. Duties of the Town: The Town appropriated the sum of Two Hundred Thousand Dollars <br /> ($200,000) to the Contractor for the fiscal year 2020-2021. The Town will also pay the <br /> Contractor 50% of any additional revenues collected in the event that hotel/motel <br /> occupancy receipts exceed the budgeted amount of$1,000,000 during the Town's fiscal <br /> year 2020-2021. The Town does not obligate itself to provide any other support to <br /> Contractor this fiscal year or in succeeding years. . <br /> 3. Fee Schedule and Maximum Sum: Contract amount is not to exceed $200,000, unless <br /> occupancy receipts exceed $1,000,000 (see paragraph 2). Payments of$50,000 each will <br /> be made on or after the following dates: July 1, 2020; October 1, 2020; January 1, 2021; <br /> and April 1, 2021. The Town's obligation to make each payment is contingent upon <br /> receiving satisfactory documentation and account of expenditures as detailed in Exhibit A. <br /> Small Service Contract Revised 9/2019 Page 1 of 6 <br />