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NORTH CAROLINA <br /> <br />CABARRUS COUNTY <br /> <br />MUTUAL ACCESS AND PARKING AGREEMENT <br /> <br /> THIS AGREEMENT, is made and entered into this __ dayofNovember, 2002, by and <br />between Cabarms County, a body politic and political subdivision of the State of North Carolina <br />(the "County"), and D & B Properties, LLC (the "Company") for the purpose of creating rights <br />of mutual access and parking in and to the parking lots and access points located on lot 11 of the <br />Concord Executive Park (the "Park") owned by the Company ("Lot 11") as well as the adjacent <br />property owned by the County on the north side o£Lot 11 (the "Adjacent Property"). <br /> <br />WITNESSETH that: <br /> <br /> WHEREAS, the Company !s the owner of Lot 11 which is located in the Number 4 <br />Township of Cabarrus County; <br /> <br /> WHEREAS, the County is the owner of the Adjacent Property with the address 2325 <br />Lake Concord Road in Number 4 Township of Cabarrus County; <br /> <br /> WHEREAS, the parties desire to provide for the use and maintenance of the entrance to <br />Lake Concord Road which crosses the Adjacent Property (the "Access Drive") in order to <br />facilitate travel to and from Lake Concord Road as well as the parking lots located both on Lot <br />11 and the Adjacent Property (the "Parking Lots") as shown On the map attached hereto as <br />Exhibit "A". <br /> <br /> NOW THEREFORE, the parties herein and all subsequent owners, do hereby agree that <br />the owners of Lot 11, their assigns, customers, and invitees shall forever enjoy the use of the <br />Access Drive for ingress and egress to Lot 11 and that both the owners of Lot 11 and also th6 <br />Adjacent Property, thei. r assigns, customers, and invitees shall.forever enjoy the use of the <br />Parking Lotsl In addition, the parties herein and all subsequent owners shall keep and maintain <br />the Access Drive and the Parking Lots in a gobd state of repair and provide for the maintenance <br />of said Access Drive and Parking Lots. It is tin,her agreed that each party shall pay their pro-rata <br />share of the costs of said maintenance with each pro-rated share to be determined by the parties <br />upon completion of any required maintenance. <br /> <br /> IN WITNESS WHEREOF,/he parties herein have executed this AGREEMENT the day <br />and year first above written. <br /> <br /> <br />