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NORTH CAROLINA <br />CABARRUSCOUNTY <br />LEASE <br />THIS LEASE is entered into by and between CABARRUS COUNTY, NORTH <br />CAROLINA, a public body politic and a political, subdivision of the State of North Carolina, as <br />Lessor (the "County "), and the KANNAPOLIS BOARD OF EDUCATION, a body politic and <br />school administrative unit duly organized and existing under the laws of the State of North <br />Carolina, as Lessee (the "Board of Education "); <br />WITNESSETH: <br />The County and the Board of Education have previously determined to cooperate in a <br />plan for the construction and financing of improvements upon real property for certain public <br />school facilities which each has found to be necessary and desirable to provide for improved <br />public education in the County. <br />Included among such facilities are improvements to real property at a new middle <br />school, which will lie on the property shown on Exhibit A (the "Site "). <br />In furtherance of this plan of financing and to provide for improved public school <br />facilities for County residents, the County proposes to lease the Site, and the Board of Education <br />has determined to accept such lease. <br />NOW, THEREFORE, for and in consideration of the mutual promises and covenants <br />herein contained, the parties hereto agree as follows: <br />ARTICLE I <br />DEFINITIONS; RULE OF CONSTRUCTION <br />The following terms will have the meanings specified below, unless the context clearly <br />requires otherwise: <br />"Event of Default" means one or more events of default as defined in Section: 12.1. <br />"Lease" means this Lease, as it may be duly amended. <br />"Lease Term" means the term of this Lease as determined pursuant to Article IV. <br />"Lease Year" means, initially, from March 1, 20116 through December 31, 2031, and <br />thereafter, means the twelve -month period of each year commencing on January 1 and ending on <br />the next December 31. <br />"Board of Education Representative" means any of the person or persons at the time <br />Attachment number 1 \n <br />F -3 Page 59 <br />