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<br />
<br /> 3. It is expressly understood and agreed between the parties hereto that the
<br />property described herein is to be used by Lessee for the construction and operation
<br />of a recreation park, and Lessee expressly covenants and agrees that should the said
<br />property not be developed within five years of the date of this instrument or should
<br />it cease to be used for such purposes, then this lease shall terminate and shall be-
<br />come null and void, and Lessor shall be entitled to immediate possession of the leased
<br />premises.
<br /> 4. To separate the park area from the farm operations of the Lessor, Lessee
<br />shall construct and maintain a suitable fence around the premises leased.
<br /> 5. Lessee shall be solely responsible for all costs and expenses associated
<br />with the development of the park; including, but not limited to, assessments, per-
<br />mits, inspections, utility taps, and acreage fees. In addition, any and all develop-
<br />ment of the park shall meet all environmental protection agency requirements.
<br /> 6. Lessee agrees to save harmless the State of North Carolina and all of its
<br />agencies from any claims for damage to any person or group which occur on account of
<br />the use of the Demised Premises by.its agents, servants, employees, licensees, and
<br />invitees, and in addition thereto agrees, at the commencement of this Lease, to ob-
<br />tain from a reputable insurance company acceptable to Lessor and carry liability or
<br />indemnity insurance providing for limits of not less than one hundred thousand
<br />($100,000.00) dollars per person in any one claim and an aggregate limit of not less
<br />than three hundred thousand ~$300,000.00) dollars for any number of persons or claims
<br />arising from any one instance with respect to bodily injury or death resulting
<br />therefrom, and an aggregate limit of not less than ten thousand ($10,000.00) dollars
<br />for any number of claims arising from any one instance with respect to damage to
<br />property suffered or alleged to have been suffered by any person or persons resulting
<br />from operations of Lessee under the terms of this lease.
<br /> 7. Lessor shall not be liable for any loss, damage, or injury, suffered by Lessee,
<br />its agents, or invitees to or because of the equipment or personal property of the
<br />Lessee contained on the premises.
<br /> 8. Lessee shall not assign or sublet this lease for the whole or any portion of
<br /> said premises, nor allow said premises or any portion thereof to be occupied by any
<br /> other than Lessee without prior written consent of the Lessor.
<br /> 9. Stonewall Jackson students shall be permitted access to the park during the
<br /> times when the park is normally accessible to the public and at other times upon
<br /> securing permission in advance.
<br /> 10. It is agreed that all buildings and improvements which are erected on the
<br /> demised premises, or any part thereof, by the Lessee during the term of this lease
<br /> shall remain the property of the Lessee. Lessee may remove any or all of its pro-
<br /> perty, real and/or personal upon termination of this lease. However, any property
<br /> not removed within sixty (60) days after termination of this agreement shall become
<br /> the property of the Lessor, at its option, or be removed by the Lessor at Lessee's
<br /> expense.
<br /> 11. Lessee hereby agrees to take good care of the leased premises and suffer
<br /> no waste or injury thereto, and at the end of the lease term surrender the leased
<br /> premises in as good condition as they were at the beginning of the term, reasonable
<br /> wear and tear and damage by fire or the elements excepted.
<br /> 12. In the event Lessee remains in possession of the premises after the expir-
<br /> ation of the term hereof and without the execution of a new lease, Lessee shall
<br /> occupy the premises as a tenant at sufferance subject to all the conditions of this
<br /> lease insofar as consistent with such a tenancy.
<br /> 13. Lessee shall not encumber or subordinate the property or leasehold in any
<br /> manner.
<br /> 14. Ail notices herein provided to be given, or which may be given to either
<br /> party by the other, shall be deemed to have been fully given when made in writing
<br /> and deposited in the United States mail, certified and postage prepaid and addressed
<br /> as follows: To the Lessor at Department of Agriculture, Raleigh, North Carolina and
<br /> to the Lessee at Parks and Recreation Department, P. O. Box 707, Concord, North
<br /> Carolina, 28025. Nothing herein contained shall preclude the giving of such notice
<br /> by personal service. The address to which notices ahall be mailed as aforesaid to
<br /> either party may be changed by written notice.
<br /> IN TESTIMONY WHEREOF, this lease has been executed by the parties hereto, in
<br /> duplicate originals, as of the date first above written.
<br />
<br />ATTEST:
<br />BY /s/ Jaymee S. Floyd
<br /> Clerk, Board of County Commissioners
<br />
<br />ATTEST:
<br />
<br />COUNTY OF CABARRUS
<br />BY /s/ Troy Ray Cook
<br /> Chairman, Board of County Commissioners
<br />
<br />STATE OF NORTH CAROLINA
<br />BY
<br />
<br />Governor
<br />
<br />Secretary of State
<br />
<br />APPROVED AS TO FORM:
<br />RUFUS L. EDMISTEN
<br />Attorney General
<br />
<br />Assistant Attorney General
<br />
<br />
<br />
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