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STATw. OF NORTH CAROLINA <br />COUNTY OF C2tBABRUS <br /> <br />T.~-~SE AGREE~mn~T <br /> <br /> This ?.~SE AGREEMENT is entered into on the day of <br /> <br /> , 1999, by and between the STATE OF NORTH <br />CAROLINA, hereinafter referred to as the "Lessor", and the COUNTY <br />OF CABARRUS, a body politic and political subdivision of the State <br />of North Carolina County, hereinafter referred to as the "Lessee". <br /> <br /> WITNESSETH: <br /> <br /> WHEREAS, the Lessor is the owner of property commonly known <br />as the Stonewall Jackson Training School property, and is willing <br />to grant to Lessee a lease to portions of such property for public <br />recreational purposes; and <br /> <br /> WHEREAS, the subject property is adjacent to a one thousand <br />five hundred (1,500) foot guyed-tower owned by the University of <br />North Carolina Center for Public Television and that the close <br />proximity of the tower to the proposed public recreational area is <br />inherently dangerous to park employees, agents, patrons, or <br /> <br />invitees during maintenance on the <br />weather conditions such as high <br />freezing/thawing conditions; and <br /> <br />tower, or during adverse <br />winds, thunderstorms, and <br /> <br /> WHEREAS, the North Carolina Department of Health and Human <br />Services and the Office of Juvenile Justice has authorized and <br />approved the execution of this instrument for the purposes herein <br />specified; and <br /> <br /> WHEREAS, the execution of this agreement for and on behalf of <br />the State of North Carolina has been duly approved by the Governor <br /> <br /> <br />