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4. Through time it has evolved that the primary occupants and users, in <br />varying degrees, of the Historic Courthouse are Arts Council and Historic Cabarrus, <br />whose present occupancy and uses of the Historic Courthouse are generally separate, but <br />at times overlap. There are certain spaces within the Historic Courthouse that are used <br />exclusively by each such party, other spaces that can be used jointly by them, and still <br />others that are used primarily by one of such parties and secondarily by the other. <br />5. The County desires to retain certain control of the Grounds, subject to <br />granting temporary use of the Grounds to Arts Council and /or Historic Cabarrus and /or <br />other organizations for certain functions or events that involve an exterior use. Arts <br />Council and Historic Cabarrus do have the right of access across the Grounds to the <br />Historic Courthouse for their lease and usage of the Historic Courthouse. <br />6. The purpose of this Agreement is to set forth the terms of a lease of the <br />Historic Courthouse to each of Arts Council and Historic Cabarrus, to set forth the terms <br />of the usage of the Historic Courthouse by each of Arts Council and Historic Cabarrus, <br />relative to the County and to each other and to set forth the usage of the Grounds by each <br />of Arts Council and Historic Cabarrus. <br />In consideration of the foregoing Recitals and the Agreement Terms contained <br />below, which the parties agree constitute sufficient consideration to make this Agreement <br />legally binding and enforceable, the parties agree with and among each other as further <br />provided. <br />TERMS <br />1. Leased Premises The County hereby leases to Arts Council and to <br />Historic Cabarrus, separately and together as indicated below, the Historic Courthouse <br />and pedestrian access across the Grounds to the Historic Courthouse incident to the lease <br />of the Historic Courthouse. Such lease and access shall be non - exclusive as to each of <br />Arts Council and Historic Cabarrus except as otherwise specified in this Agreement. <br />2. Designated Spaces within Leased Premises Because of the <br />reconfiguration and layout of the interior of the Historic Courthouse, certain rooms and <br />areas are exclusive to the use of each of Arts Council and Historic Cabarrus, other rooms <br />and areas are primarily for use of Arts Council, still other rooms or areas are primarily for <br />the use of Historic Cabarrus and finally there are rooms or areas that are for the <br />equivalent joint use of both Arts Council and Historic Cabarrus. Attached and <br />incorporated by reference as Exhibit B is the plan of each floor of the Historic <br />Courthouse. Each room or area is identified by its relative designation and is color -coded <br />as follows: <br />a) Exclusive use as to Arts Council — ACX (red) <br />b) Exclusive use as to Historic Cabarrus — HCX (blue) <br />c) Use primarily for Arts Council — PAC (yellow) <br />d) Use primarily for Historic Cabarrus — PHC (no areas at this time) <br />e) Joint equivalent use — J (green) <br />Attachment number 1 \n <br />E -1 Page 37 <br />