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April 15, 2002 Page 338 used by the ~lub f~ee 0f charge, subject to availability. For the seven week period of the Club's summer day camp, it is entitled to exclusive use of the pool from 8:00 AM to 3:30 PM, Monday through Friday and of the existing buildings from 7:30 AM to 4:00 PM, Monday through Friday. The Club shall be soley (sic) responsible for the supervision of those facilities and activities therein during its summer day camp. The Club shall be responsible for cleaning the buildings after use. In addition to use of the facilities for summer day camPs, after the existing buildings are replaced or improved, the Dining Mall, Covered Activities Building, pool and picnic shelters north of the entrance road will be available to the Club three times per year free of charge, subject to availability. Other facilities on the Property will be available to the Club on the same basis as to the general public. 3.2 Third Party Agreements. The County may execute such agreements it deems necessary or advisable for the provision of approved programs and services on the Property and its facilities. 3.3 Fees and Charges. The County shall adopt a uniform schedule of fees and charges for use of Property facilities or participation in Property programs and services. All fees and charges collected shall be the sole property of the County. 3.4 Zoning. The County shall initiate such zoning petition or petitions, if any, necessary to effect a zoning of the Property consistent with the uses contemplated by this Lease. Article IV. Property Maintenance and Security 4.0 Property Security. The County shall maintain and provide reasonable security for the Property consistent with other County recreational facilities. 4.1 Maintenance Schedule. A maintenance schedule shall be adopted by the County for the buildings and grounds located on or within the Property which provides reasonable (sic) Article V. Miscellaneous 5.0 (sic) Effective Date. This agreement shall be effective when duly approved and 5.1 Name of the Property. The name of the 50.14 acre tract commonly known as Camp T. N. Spencer shall maintain the name of Camp T~N. Spencer for the duration of the lease. 5.2 Amendments. This agreement can be amended or otherwise modified only by mutual agreement and express written consent of the parties. 5.3 Liability. The County agrees to hold harmless the Club, its agents and employees from all liability, claims and actions arising out of the use of the Property by the County, its employees and invitees. The Club agrees to hold harmless the County, its agents and employees from all liability, claims and actions arising out of the useof the Property by the Club, its employees, residents and invitees. 5.4 Notices. Notices to the parties with regard to this Lease shall be directed as follows: Cabarrus County Boys & Girls Club, Inc.: County: County Manager Cabarrus County Post Office Box 707 Concord, NC 28026-0707 Executive Director 247 Spring Street NW Concord, NC 28025 5.4 Miscellaneous. Each party to this agreement further agrees as follows: (a) (b) (c) (d) (e) Without further consideration, each party shall at any time, and from time to time, execute and deliver to any other party such further documents, and take such other action, as any other party may reasonably request in order to effectuate the purposes of this Lease Agreement. The headings in this agreement are for purposes of reference only and shall not limit or otherwise affect any of the terms hereof. This agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, permitted successors and assigns. If any provision of this agreement is de~ermined by a court of competent jurisdiction to be illegal or unenforceable, such provision shall be automatically reformed and construed as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this agreement shall not render invalid the remainder of this agreement. The execution and delivery of this agreement and the performance of the obligations hereunder have been duly authorized by all requisite action required by law governing each. party.