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BC 1993 08 02
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BC 1993 08 02
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4/30/2002 3:35:02 PM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
8/2/1993
Board
Board of Commissioners
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363 <br /> <br /> 1. Term. The term of this Lease shall commence on August 1, 1993, and <br />shall expire on July 31, 1994. This Lease shall automatically renew from year <br />to year upon the same terms and conditions unless either party hereto shall have <br />given the other written notice of its desire to terminate the Lease one year <br />prior to the expiration of the Lease. <br /> 2. Rent/Consideration As rental for the Demised Premises, Fair agrees <br />as follows: <br /> A. Fair shall mow the Demised Premises, together with Fair's 11.98- <br /> acre tract adjacent thereto identified as Tract 2 on "Exhibit A" at least <br /> once per month during the period May - October of each year. <br /> B. Fair shall keep the Demised Premises clean and in a good state of <br /> repair during the term of this Lease and shall be permitted entry thereon <br /> for such purpose during all of said period. <br /> 3. Use of Demised Premises. The Demised Premises are leased for use as <br />an agricultural fair and associated community activities. Fair shall comply with <br />existing zoning, health, and other police regulations and shall neither conduct <br />nor permit to be conducted any nuisance upon the Demised Premises. <br /> 4. Indemnification and Insurance. Fair agrees to indemnify and save <br />harmless County of and from any and all claims or liability to persons or <br />property caused or resulting in any manner by reason of Fair's occupation or use <br />of the Demised Premises. Fair further consents and agrees to maintain liability <br />insurance for injury or damage to any person while on the Demised Premises during <br />the term of at least $1 million for injury or damage to one person and $1 million <br />for injury or damage to two or more persons. <br /> 5. Termination. Upon termination of this Lease, Fair consents and agrees <br />to return the Demised Premises to County in as good condition as the same now is, <br />ordinary wear and tear excepted. <br /> 6. Default. In the event of breach or default by Fair in performance of <br />any covenant or condition herein contained, such default or breach having <br />continued for ten (10) days after written notice to Fair by County, then, in such <br />event, at the option of County, County shall have the right to re-enter the <br />Demised Premises or any part thereof, and thereupon this Lease shall terminate. <br /> 7. Notices. Any notice required by the terms of this Lease shall be <br />mailed to County, c/o John V. Witherspoon, County Manager, Cabarrus County <br />Governmental Center, Concord, North Carolina 28025, and to Fair, c/o Harold B. <br />McEachern, General Manager, P. O. Box 563, Concord, North Carolina 28026. <br /> And, further, for and in consideration of the mutual covenants herein set <br />forth, Fair leases to County and County takes and leases from Fair all that real <br />property as shown and identified as Tract 3 on "Exhibit B", attached hereto and <br />incorporated herein by reference (hereinafter sometimes referred to as "Demised <br />Premises"). County shall have and hold the Demised Premises subject to the <br />following covenants and conditions: <br /> 1. Term. The term of this Lease shall commence on August 1, 1993 and <br />shall expire on July 31, 1994 except the term of this Lease shall not include the <br />dates from the Wednesday prior to the Cabarrus County Fair and extending <br />continuously through the Fair week to and including 11:50 PM on the Sunday <br />following the Fair, during which time the County agrees to vacate the Demised <br />Premises. <br /> 2. Rent. As rental for the Demised Premises, County agrees as follows: <br /> A. County agrees that it shall erect and maintain a fence <br /> complete with a gate of sufficient width to drive a motor vehicle to and <br /> from the Demised Premises to the adjoining property of the Cabarrus County <br /> Agricultural Fair. In addition, County may asphalt the Demised Premises <br /> and may maintain thereon a parking lot. <br /> B. County shall keep the Demised Premises clean and in a good state <br /> of repair during the term of this Lease and shall be permitted entry <br /> thereon for such purpose during all of said period. <br /> 3. Use of Demised Premises. The Demised Premises are leased exclusively <br />for use solely as a parking lot and for County-sponsored, public purpose <br />activities, and for no other purpose. County shall comply with existing zoning, <br />health, and other police regulations and shall neither conduct nor permit to be <br />conducted any nuisance upon the Demised Premises, nor shall County permit any <br />person, group, corporation or organization to solicit upon the Demised Premises <br />for any purpose not involving an activity sponsored by County. <br /> 4. Indemnification and Insurance. County agrees to indemnify and save <br />harmless Fair of and from any and all claims or liability to persons or property <br />caused or resulting in any manner by reason of County's occupation or use of the <br />Demised Premises. County further consents and agrees to maintain liability <br />insurance (naming Fair as an additional named insured) for injury or damage to <br /> <br /> <br />
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