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<br />STATE OF NORTH CAROLINA <br /> <br />SECOND AMENDMENT TO <br />LEASE AGREEMENT <br /> <br />COUNTY OF CABARRUS <br /> <br />THIS SECOND AMENDMENT TO LEASE AGREEMENT is made and entered <br />into on the date of the last party to execute this "Second Amendment", by and between <br />CABARRUS COUNTY ("County") and CABARRUS COUNTY BOYS & GIRLS <br />CLUB, INe. ("Club"). <br /> <br />PREMISES <br /> <br />1. The County and the Club entered into a lease agreement ("Agreement") <br />dated April 15, 2002 for the lease to the County by the Club of Camp Spencer. <br /> <br />2. On December 11, 2002, the parties entered into an amendment to the <br />Agreement denominated First Agreement to Modify and Amend lease Agreement ("First <br />Amendment"). <br /> <br />3. The parties wish to modify and amend the Agreement and the First <br />Amendment, as specified below. <br /> <br />In consideration of the foregoing Premises and the Terms below, which the <br />parties agree constitute sufficient consideration for this Second Amendment, the parties <br />agree to amend the Agreement and First Amendment as follows: <br /> <br />TERMS <br /> <br />1. Article II, Section 2.1 Property Development is amended by deleting the <br />existing Section in its entirety and substituting the following provision: <br /> <br />The County shall maintain the existing pool facility, but shall not be <br />obligated to replace the pool facility in the event the useful, reasonable life ofthe pool <br />facility expires. The County agrees to maintain the existing pool facility and make <br />reasonable and necessary repairs to the existing pool facility, up to an aggregate cost of <br />$75,000.00 over the term of the Agreement as amended and any extensions thereof and <br />no more than $25,000.00 in anyone lease year. If repairs are needed that would exceed <br />these amounts, the County may, in its discretion, cease to operate the pool. Any costs <br />exceeding an aggregate of $75,000.00 for repairs and maintenance to the existing pool <br />facility shall be the sole and exclusive responsibility of the Club. If that circumstance <br />occurs, the Club may raise money necessary to complete the needed repairs or construct a <br />new pool, in which case the County would continue to operate and maintain the pool. <br /> <br />2. Article III, Section 3.1 Property Operations is amended by deleting the <br />existing Section in its entirety and substituting the following provision: <br /> <br />For the seven-week period of the Club's summer day camp, the Club is <br />entitled to first priority use of the swimming pool from 8:00 AM to 3:30 PM, Monday <br />through Friday and of the existing buildings from 7:30 AM to 4:00 PM, Monday through <br />Friday. General public park users may utilize the swimming pool facilities during this <br /> <br />F- "7 <br />