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<br /> 1. Term. The term of this Lease shall commence on November
<br />1, 1989, and shall expire on October 31, 1990, EXCEPT: The term of
<br />this lease shall not include the dates of September 6-16 (inclusive)
<br />1990 (which is the time of the Cabarrus County Agricultural Fair),
<br />and County agrees to vacate the Demised Premises during said dates.
<br /> 2. Rent/Consideration As rental for the Demised Premises,
<br />County agrees as follows:
<br /> (a) County shall keep the Demised Premises clean and in a
<br />good state of repair during the term of this lease, and shall be
<br />permitted entry thereof for such purpose during all of said period.
<br /> 3. Use of Demised Premises. The Demised Premises are leased
<br />exclusively for use as a parking lot. County shall comply with
<br />existing zoning, health, and other police regulations and shall
<br />neither conduct nor permit to be conducted any nuisance upon the
<br />Demised premises.
<br /> 4. Indemnification and Insurance County agrees to indemnify
<br />and save harmless Fair of and from any and all claims or liability
<br />to persons or property caused or resulting in any manner by reason
<br />of County's occupation or use of the Demised Premises. County
<br />further consents and agrees to maintain liability insurance (naming
<br />Fair as an additional named insured) for injury or damage to any
<br />person while on the Demised Premises during the term of at least
<br />$1,000,000.00 for injury or damage to one person and $1,000,000.00
<br />for injury or damage to two or more persons.
<br /> 5. Termination. Upon termination of this Lease, County
<br />consents and agrees to return the Demised Premises to Fair in as
<br />good condition as the same now is, ordinary wear and tear excepted.
<br /> 6. Default. In the event of breach or default by County in
<br />performance of any covenant or condition herein contained, such
<br />default or breach having continued for ten (10) days after written
<br />notice to County by Fair, then, in such event, at the option of
<br />Fair, Fair shall have the right to re-enter the Demised Premises or
<br />any part thereof and thereupon this Lease shall terminate.
<br /> 7. Notices. Any notice required by the terms of this Lease
<br />shall be mailed to County, c/o County Manager, Cabarrus County
<br />Courthouse, Concord, North Carolina 28025, and to Fair, c/o Clyde
<br />L. Propst, Jr., General Manager, P. O. Box 563, Concord, North
<br />Carolina 28025.
<br /> 8. Miscellaneous. County will install any fencing deemed by
<br />it necessary and desirable, and will provide adequate gates between
<br />the Demised Premises and the remainder of the adjoining property of
<br />the Fair, at County's expense. Such fencing and gates will be
<br />placed so as to preserve the security of the Fair in such manner as
<br />is presently in place. County may also level the Demised Premises,
<br />pave said premises, and provide an entrance from the Demised
<br />Premises to Hwy. 601-South, if desired (County to obtain all
<br />necessary permits and comply with all laws regarding any such
<br />development of the Demised Premises). It is understood that the
<br />Fair is to have the full privilege of using the Demised Premises
<br />during the time of the Fair (referred to in Item 1., above, as
<br />September 6-16, inclusive, 1990), for parking, and for the purpose
<br />of locating house trailers, camper trailers, motor homes, etc.,
<br />belonging to various participants in the fair, and, to that end,
<br />Fair has the privilege to run sewer lines across Demised Premises
<br />to connect with sewer facilities along Hwy. 601-South, and also to
<br />install any water lines and electric facilities on the Demised
<br />Premises as are necessary or desirable by the Fair to facilitate
<br />such use. County agrees to notify the Fair sufficiently in advance
<br />of its intention to install any pavement on the Demised Premises,
<br />so that the Fair will have adequate time to install the aforesaid
<br />facilities prior to any such paving.
<br /> IN WITNESS WHEREOF, the parties have hereunto set their
<br />hands and seals the day and year first above written.
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<br />COUNTY: CABARRUS COUNTY
<br />By: /s/ James W, Lentz
<br /> Chairman, Board of Commissioners
<br />
<br />ATTEST:
<br />/s/ Frankie F, Small
<br />Clerk
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