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Home My WebLink About1997 S Lease Renewal Approval State of NC Communications Tower Site -- ORIGINAL SIGNATURES COPY +K 3 STATE OF NORTH CAROLINA DIST: 730 C e-- LEASE AGREEMENT COUNTY OF ORANGE THIS LEASE,made and entered into this the D' day of 21997, by and between the COUNTY OF ORANGE, party of the first part, erein fter designated as Lessor,and the STATE OF NORTH CAROLINA,party of the second part,hereinafter designated as Lessee; WITNESSETH: THAT WHEREAS, the party of the first part owns a tract or parcel of land atop Eno Mountain in Orange County,North Carolina,that is desirable as a location for the installation and operation of a communications facility to be owned and operated by the Lessee. WHEREAS,the Lessee leases a tract of land atop Eno Mountain in Orange County from the Lessor according to a lease agreement dated March 13, 1947; WHEREAS,the Lessee wishes to extend the term of the lease agreement, and dispose of the Fire Tower located on the leased premises; WHEREAS,the Lessor wishes to use a portion of the lease premises to provide an area for lease to Norfork Southern Railroad Company to establish communications for a high speed public rail service; and, WHEREAS,the parties hereto have mutually agreed to the terms of this lease agreement as hereinafter set out; WHEREAS,the execution of this agreement for and on behalf of the State of North Carolina has been duly approved by the Governor and Council of State at a meeting held in the City of Raleigh,North Carolina, on the 9th day of May, 1996; and, NOW,THEREFORE, in consideration of the mutual promises hereinafter set forth, Lessor does hereby grant and let unto Lessee for and during the term and under the terms and conditions hereafter specified, and the right and privilege to maintain a Communications Broadcast Facility inclusive of buildings, antenna support tower, with antennas and other necessary accessories, upon said property. 1. The lease agreement dated March 13, 1947, shall be terminated by consent of both parties on June 30, 1997. 2. The term of this lease shall be for a period of forty (40) years beginning on July 1, 2 1997, and ending on June 30, 2037. The Lessor leases to the Lessee that certain property hereinafter called the premises, attached and described in "Exhibit A". 3. The Lessee shall be allowed to sublease space on the tower or in the communications building to other governmental agencies. 4. The Lessee agrees to pay Lessor as rental for the premises,the sum of ONE DOLLAR ($1.00) for the term of the lease. 5. In the event the Lessor is unable to remove the fire tower: a. Lessee will have the right to reenter the property of the Lessor and remove the fire tower at no cost to the Lessor. b. Lessor will be permitted to continue to operate its existing equipment on the communications tower of the Lessee. C. Lessor will be permitted to install new equipment on the communications tower of Lessee; provided, space is available and such additions are within the structural integrity of the communications tower of Lessee. d. Lessor or its agencies will relocate equipment from the fire tower, at no cost to the Lessee,prior to removal of the fire tower. 6. a. Lessee is granted free access, to the premises for the purpose of installing, constructing, operating, inspecting, repairing, removing, replacing, and maintaining any and all facilities of the Lessee necessary for the operation of the facility of the Lessee. b. The right to make alterations,attach fixtures,and erect additions,or structures, in or upon the premises hereby leased,which alterations, fixtures, additions, or structures so placed in or upon,or attached to the said premises shall be and remain the property of the Lessee, and may be removed upon the date of expiration or termination of this lease, or within one hundred eighty (180) days thereafter,by or on behalf of the Lessee, or its grantees, or purchases of said alterations, fixtures, additions or structures. 7. a. Lessor covenants that so long as the Lessee is not in default in its obligations as herein stated that the lease shall remain in full force for the term beginning July 1, 1997. b. If the Lessee determines to abandon its rights as Lessee under the lease,the Lessee shall give the Lessor ninety(90) days prior written notice of its determination so to do; and if written request is made by the Lessee to the Lessor, the Lessee shall cease operations on the 3 premises and shall remove all structures and other owned property located thereon within one hundred eighty(180)days. All property of the Lessee which cannot be so removed or is not removed shall be forfeited to the Lessor, and thereafter the Lessee shall not have any further rights or obligations under this lease agreement. 8. All equipment of both Lessor and Lessee at the property shall be designed, constructed, installed, maintained, and operated in compliance with the applicable rules and regulations of the FCC and good engineering practices. Should objectionable interference be caused by equipment of any party,the causing party, in consultation with engineers of Lessor and Lessee and other site occupants shall undertake immediately all action necessary to eliminate such interference and, at the sole cost and expense of the causing party, shall prosecute such action diligently until such interference is eliminated. 9. The continued performance by the Lessee of its obligations under this lease agreement is subject to the availability to the Lessee of State funds. In the event of termination by the Lessee of this lease agreement because of non availability to the Lessee of State funds, the Lessee shall cease operations on the premises and shall remove all structures and other owned property located thereon within one hundred eighty (180) days. 10. The Lessee shall have the right to install separate electric power metering and service (including conduits) within the equipment building. 11. The Lessee shall be liable for the negligence of its employees, agents, and representatives in connection with the exercise of the rights and privileges herein granted as provided by North Carolina General Statute Sections 143-291, et sea., entitled "Tort Claims Against State Departments and Agencies". 12. Any notice, payment, or other obligation under this lease shall be deemed satisfied when properly addressed and mailed or delivered to the following: TO LESSOR: Director Purchasing and Central Services County of Orange P. O. Box 8181 Hillsborough,North Carolina 27178 TO LESSEE: Director Division of Forest Resources Department of EH&NR P. O. Box 29581 Raleigh,North Carolina 27626-0581 4 13. This instrument contains the entire agreement between the parties and no statement, promise, inducement,representation or prior agreement which is not contained in or referenced by this agreement shall be valid as a condition of this agreement. IN TESTIMONY WHEREOF,the parties hereto have caused this instrument to be,executed in such form as to be binding upon them, all effective the day and year first above written. COUNTY OF ORANGE �QQ.t.annn � n n Chairman Board of County Commissioners ATTEST: Secretary Board of County Commissioners (CORPORATE SEAL) STATE OF NORTH CAROLINA Governor ATTEST: Secretary of State 5 APPROVED AS TO FORM: MICHAEL F. EASLEY Attorney General �9 . k d4 vtk Assistant Attorney General STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public of Orange County, North Carolina, do ereby certify that Q,,a•� A, �lr�i�,z. this day appeared before me and acknowledged thatshe is Secretary to the Board of County Commissioners of Orange County and that pursuant to a resolution duly adopted by said Board, and as the act of Orange County,the foregoing instrument was signed in its name by W,yJ,a,,,,, L. Cgo w Aer Chairman of the Board of County Commissioners, sealed with its corporate seal and attested by himself as its Secretary. IN WITNESS WHEREOF, I have set my hand and Notarial Seal this the moo/day of , 1997. 4� Notary Pubi My Commission Expires: _Zj 9 OFFICIAL SEAL Noury Pubk-Noft Camllns 0 ORANGE COUNTY EVELYN M.CECIL My Commission Expires 6 STATE OF NORTH CAROLINA COUNTY OF WAKE I, h eg, j.. . �11 r , a Notary Public in and for the County and State aforesaid, do hereby certiYy that ELAINE F. MARSHALL Secretary of State of North Carolina, personally came before me this day and acknowledged that he is Secretary of State of North Carolina, and that by authority duly given and as the act of the State,the foregoing instrument was signed in its name by JAMES B. HUNT, JR., Governor of the State of North Carolina, sealed with the Great Seal of the State of North Carolina, and attested by himself as Secretary of State of North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal,this the 3 d ' day of ) 1997. c Nota ublic My Commission Expires: S —q I? Profile 1415/File 68-4 e3.20. 1996 10 04 P. 2 FROM. All that certain tract or parcel of land sitx4te lying and being in Hillsboro Township, Orange County, North Carolina just vest of the Hillsboro Fire Tower of the North Carolina Department of Conservation and Development on pro- perly known as Cates Mountain, bound on the North Eaat, South and Nest by other Lands of Orange County, N. C. and being more partioulaxl.y desoribed as folloxet Beginning at a point N 180 29, W, 41.75 feet from the United states Coast & Survey Concrete Bench Hark and Triangulation Station Monument, Hillsboro, Elevation 858.97, located approximately 10 feet v8st of the west edge of said fire tower running thence 8 21 151 x 93 feet to • 8oi t thence N 6�° 451 x, 19L feet tooa oint, thence N ?1. NO 93 teat to a point; thence 8 68 4 1 E, 121 feet to the point of beginning; containing 0.26 of an acre, more or less. (Identified as Pin #9864-31-9480 TmBL 4.38.B.29) FROM cs ft RAN �' � '��' � rte... - ..J-• - ' .r�,� �[ � L�'Cl \ ..�• .rte �,,,,-,�«•��,'�{�� '.' ....... t .._ - / � / „ ` •� `ter� �• (,• ' , _� •-•••~,•- $ �' '''"� ' �F p• TO w-t ^� •�• Q!b -- ( ) ,��yyl •� �;�` �•� `/; t;i• rpn N{IIsDp�O �e e5t.97�Jy.� Ov • Z ' 1�•, _�•'��:••. it �/p�.�.. , ._ _.r--^�- �� A L'[ :..r•r� �� h`,,, � �� _ Ie� pr, ... �• »mot. } C O A -. _. �— r �.. r . • h .art:( � .�