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DRAFT
<br /> WHeReAS, ~he subjec~ proper~y is adjacen~ ~o a one ~hou~and Eive hundred
<br />{1,S00) ~oo: guyed-tower ~wned by ~he University of North Carolina Center for
<br />Public Television and :h~ the close proximity of :he rower :o the proposed
<br />public recreational area i~ inherently dangerous ~o park employees0 agents,
<br />~aCrons, or ~nv~:ees during maintenance on :he rower, or during adverse
<br />weather condi:Eons such as high winds, ~hunders:orms, and ~reezing/:hawing
<br />condi:ions~ and
<br /> WHSREAS, :he North Carolina Department of Health and Human Services and
<br />:he O~f~ce of Juvenile Justice has authorized and approved :he execution of
<br />:his ~ns~rumen= for :he purposes herein specified; and
<br /> WHE~F~L~, =he execution of :his agreement for and on behalf of ~he S:a:e
<br />of North Carolina has been duly approved by :he Oovernor and Council of S:a:e
<br />a: a meeting held in the City of Wilmington, North Carolina, on :he 7th day
<br />of June~ 1999, and
<br /> WHEREAS, as Dart of :he mutual undertakings be:ween the Lessor and :he
<br /> Lessee, ~he part,es have agreed to the following Terms and Conditions Of :he
<br /> hessee's lease Of :he Lessor's property.
<br /> NOW, THEREFOR8, ~n consideration of one dollar, =he aforesaid exchange
<br /> of interests in real property, and :he further mu:ual terms, covenants and
<br /> conditions se: forth here~n, the Lessor and Lessee agree as follows:
<br /> I. LEASE OF PREMISES: DESCRIPTION
<br /> The Lessor hereby leases and demises unto the Lessee :he premises
<br />cons~s:ing of approximately 39.60 acres situated adjacent to :he Stonewall
<br />Jackson Training School and Frank Liske Park (the "Park"), as shown on =ha:
<br />ma9 ri:led "~roposed Soccer Complex" a=~ached hereto and incorporated herein
<br />as Exhibit I (the "Demised Premises").
<br /> I~. T~R~
<br /> The Lease Term shall be for 25 years from the date of execution hereof.
<br />The Lessor shall deliver possession of the Demised Premises :o :he Lessee on
<br />~he execution dare of this Lease Agreement. Lessee accepts the Demised
<br />Premises in i=s exis:ing (i.e., "as is") condition, and Lessee acknowledges
<br />that Lessor is no: obliga:ed :o make any improvements :o the Demised
<br />Premises.
<br /> In the event the Demised Premises or a portion thereof is needed for
<br />~evelopmen: by the State or an indust:~/ which will purchase same from the
<br />State, this Lease or :hat pot:ion of the Demised Premises &ffec:ed by the
<br />developmen: will :erminate. The Lessor will g~ve one hundred eighty (180)
<br />days writ:eh no:ice of such need prior to termination.
<br /> III. PURPOSE: USE OF PREMISES
<br /> The Lessee~ during the lease term, shall use the Demised Premises as a
<br />recreational facility, consia~ing of play and prac:ice areas for field sports
<br />and related act~v~:ies and events. Lessee shall have overall responsibility
<br />for the management of ac:ivi:ies on the Demised Premises, and shall no: allow
<br />any uses of the Demised Premises in viola=ion of law, ordinances, or which
<br />cons:itutea nuisance :o the use and enjoymen: of adjacent proper:ies.
<br /> I: ~s understood =hat Stonewall Jackson students shall be permitted use
<br />of :he Demised Premises for athletic purposes. Additionally, i: is unders:ood
<br />that Lessee shall close :he Demised Premises Co the general public while
<br />maintenance is bein~ performed above the five hundred (500) foo: level on :he
<br />nearby tower owned by the University of North Carolina Center for Public
<br />Television, or during freezing/thawing weather, wind gusts above =hir:¥ {30)
<br />miles per hour, :hunder and lightning storms, or other unsafe condi:ions.
<br /> IV. IMPROVEMENTS TO PR~MISES
<br /> Lessee is authorized to make certain improvements to :he Demised
<br />Premises as necessary for developmen~ and construc:ion of :he recrea:ional
<br />facility. These improvements may include al:eration~ in grading and o:her
<br />:opographical modifications, curling, irriga:ion, the installation of ligh:s
<br />on :he a:hle:ic fields, =rails and any other addi=lonal improvements
<br />incidental =o the use of the recreational facility with prOoF au:horiza:Eon
<br />from Lessor. TO connect the Demised Premises wi:h the Park, Lessee may remove
<br />or relocate :he curren: fence 1ocs:ed between ~he Park and :he Demised
<br />Premises. Lessee shall reloca:e presen:l~ exis:~ng nor:h/sou=h and easU/wes:
<br />farm roads to a location as shown on Exhibit 1.
<br /> V. LESSBE COVENANTS
<br /> The perils:er of the demised premises shall at no =ime be 1ocs:ed
<br />w~:htn five hundred (S00) fee: of :he base of :he Tower. The Lessee shall
<br />cone=ruc: and ~in:ain a six (6) foot high chain link fence bo~h aroun~ :he~
<br />ou=s~de perime:er of =he Demised Premises and also surrounding ~he base o~
<br />:he Tower. I~ ia unders:ood by lessee :ha: :he use of remaining State lands
<br />outside :he sex (6) foot high cons=rue:ed fence ~s prohibited. The Lessee
<br />shall main:a£n :he Demised Premises and recrea:ional faciliuy En a clean,
<br />safe, and at:fac:Eve condlt~on at all ~imes. Lessee shall bear all expenses
<br />of maln:enance, repair, and upkeep of :he Demised Premises and facility, and
<br />shall be responsible for :he cos= of all utility services :o :he Demised
<br />Premises during ~he :erm of the Lease. Lessee agrees :o release, diauharge,
<br />indemnify and hold harmless the Lessor from all liabEli=y, claims and ac:ions
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