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STATE OF NORTH CAROLINA <br /> COMMUNICATIONS TOWER LEASE AGREEMENT <br /> COUNTY OF CHATHAM <br /> THIS COMMUNICATIONS TOWER LEASE AGREEMENT ("Lease") made and <br /> entered into as of the last date set forth in the notary acknowledgements below, by and between, <br /> the STATE OF NORTH CAROLINA, a body politic and corporate, hereinafter referred to as <br /> "Lessor", and COUNTY OF ORANGE, a political subdivision of the State of North Carolina, <br /> hereinafter referred to as "Lessee" (Lessor and Lessee are each individually referred to herein as <br /> a"Party" and collectively referred to herein as the"Parties"); <br /> WITNESSETH: <br /> THAT WHEREAS, Lessor owns that certain parcel of land located at 4401 Jones Ferry <br /> Road, Chapel Hill, Chatham County, North Carolina, containing 61.64 acres, more or less, <br /> having tax parcel number 62226 (the "Site"), as more particularly described in the files of the <br /> State Property Office, a division of the North Carolina Department of Administration, located in <br /> Raleigh,North Carolina; and, <br /> WHEREAS, Lessor has improved the Site with a communications tower ("Tower"), <br /> equipment buildings) and related appurtenances and accessories; and, <br /> WHEREAS, Lessor and Lessee desire to enter into this Lease so that Lessee may operate <br /> and maintain certain Communications Equipment, as said term is defined herein, on the Tower; <br /> and, <br /> WHEREAS, the University of North Carolina, Center for Public Television ("UNC- <br /> TV"), has requested and approved the execution of this instrument for the purposes herein <br /> specified; and, <br /> WHEREAS, the execution of this Lease for and on behalf of Lessor has been duly <br /> approved by the Governor and Council of State at a meeting held in the City of Raleigh, North <br /> Carolina, on the Sch day of October, 2010; and, <br /> WHEREAS, the Parties have mutually agreed to the terms of this Lease as hereinafter set <br /> out. <br /> NOW THEREFORE, in consideration of the rental hereinafter agreed to be paid and the <br /> terms and conditions hereinafter set forth, Lessor does hereby let and lease unto Lessee and <br /> Lessee hereby takes and leases from Lessor for and during the period of time and subject to the <br /> terms and conditions hereinafter set out the Premises as more particularly described herein. <br /> 1. Premises. The "Premises" consists of such non-exclusive space at approximately the <br /> 1,000-foot height level of the Tower as necessary to accommodate Lessee's Communications <br /> Equipment. The exact location of the space on the Tower at which Lessee may locate its <br /> Communications Equipment shall be designated by Lessor in its reasonable discretion. <br /> Page I of 9 <br />