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<br /> WHEREAS, the subject property is adjacent to a one thousand five hundred
<br />(1,500) foot guyed-tower owned by the University of North Carolina Center for
<br />Public Television and that the close proximity of the tower to the proposed
<br />public recreational area is inherently dangerous to park employees, agents,
<br />patrons, or invitees during maintenance on the tower, or during adverse
<br />weather conditions such as high winds, thunderstorms, and freezing/thawing
<br />conditions; and
<br /> WHEREAS, the North Carolina Department of Health and Human Services and
<br /> the Office of Juvenile Justice has authorized and approved the execution of
<br /> this instrument for the purposes herein specified; and
<br /> WHEREAS, the execution of this agreement for and on behalf of the State
<br />of North Carolina has been duly approved by the Governor and Council of State
<br />at a meeting held in the City of Wilmington, North Carolina, on the 7th day
<br />of June, 1999, and
<br /> WHEREAS, as part of the mutual undertakings between the Lessor and the
<br /> Lessee, the parties have agreed to the following Terms and Conditions of the
<br /> Lessee's lease of the Lessor's property.
<br /> NOW, THEREFORE, in consideration of one dollar, the aforesaid exchange
<br /> of interests in real property, and the further mutual terms, covenants and
<br /> conditions set forth herein, the Lessor and Lessee agree as follows:
<br /> I. LEASE OF PREMISES: DESCRIPTION
<br /> The Lessor hereby leases and demises unto the Lessee the premises
<br />consisting of approximately 39.60 acres situated adjacent to the Stonewall
<br />Jackson Training School and Frank Liske Park (the "Park"), as shown on that
<br />map titled "Proposed Soccer Complex" attached hereto and incorporated herein
<br />as Exhibit 1 (the "Demised Premises").
<br /> II. TERM
<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 to the Lessee on
<br />the execution date of this Lease Agreement. Lessee accepts the Demised
<br />Premises in its existing (i.e., "as is") condition, and Lessee acknowledges
<br />that Lessor is not obligated to make any improvements to the Demised
<br />Premises.
<br /> In the event the Demised Premises or a portion thereof is needed for
<br />development by the State or an industry which will purchase same from the
<br />State, this Lease or that portion of the Demised Premises affected by the
<br />development will terminate. The Lessor will give one hundred eighty (180)
<br />days written notice 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, consisting of play and practice areas for field sports
<br />and related activities and events. Lessee shall have overall responsibility
<br />for the management of activities on the Demised Premises, and shall not allow
<br />any uses of the Demised Premises in violation of law, ordinances, or which
<br />constitute a nuisance to the use and enjoyment of adjacent properties.
<br /> It is understood that Stonewall Jackson students shall be permitted use
<br />of the Demised Premises for athletic purposes. Additionally, it is understood
<br />that Lessee shall close the Demised Premises to the general public while
<br />maintenance is being performed above the five hundred (500) foot level on the
<br />nearby tower owned by the University of North Carolina Center for Public
<br />Television, or during freezing/thawing weather, wind gusts above thirty (30)
<br />miles per hour, thunder and lightning storms, or other unsafe conditions.
<br /> IV. IMPROVEMENTS TO PREMISES
<br /> Lessee is authorized to make certain improvements to the Demised
<br />Premises as necessary for development and construction of the recreational
<br />facility. These improvements may include alterations in grading and other
<br />topographical modifications, turfing, irrigation, the installation of lights
<br />on the athletic fields, trails and any other additional improvements
<br />incidental to the use of the recreational facility with prior authorization
<br />from Lessor. To connect the Demised Premises with the Park, Lessee may remove
<br />or relocate the current fence located between the Park and the Demised
<br />Premises. Lessee shall relocate presently existing north/south and east/west
<br />farm roads to a location as shown on Exhibit 1.
<br /> V. LESSEE COVENANTS
<br /> The perimeter of the demised premises shall at no time be located
<br />within five hundred (500) feet of the base of the Tower. The Lessee shall
<br />construct and maintain a six (6) foot high chain link fence both around the
<br />outside perimeter of the Demised Premises and also surrounding the base of
<br />the Tower. It is understood by lessee that the use of remaining State lands
<br />outside the six (6) foot high constructed fence is prohibited. The Lessee
<br />shall maintain the Demised Premises and recreational facility in a clean,
<br />safe, and attractive condition at all times. Lessee shall bear all expenses
<br />of maintenance, repair, and upkeep of the Demised Premises and facility, and
<br />shall be responsible for the cost of all utility services to the Demised
<br />Premises during the term of the Lease. Lessee agrees to release, discharge,
<br />indemnify and hold harmless the Lessor from all liability, claims and actions
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