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- <br /> c <br /> STATE OF NORTH CAROLINA <br /> r.n:ASE AGREEMENT <br /> COUNTY OF ORANGE <br /> THIS LEASE,made and entered into this the day of 1997, <br /> by and between the COIINTY OF ORANGE, party of the first part, hereinafter designated as <br /> Lessor,and the STATE OF NORTH CAROLINA,party of the second part,hereinafter designated <br /> as Lessee; <br /> WITN .SSETH. <br /> THAT WHEREAS, the party of the first part owns a tract or parcel of land atop Eno <br /> Mountain in Orange County,North Carolina,that is desirable as a location for the installation and <br /> operation of a communications facility to be owned and operated by the Lessee. <br /> WHEREAS,the Lessee leases a tract of land atop Eno Mountain in Orange County from the <br /> Lessor according to a lease agreement dated March 13,1947; <br /> WHEREAS,the Lessee wishes to extend the term of the lease agreement,and dispose of the <br /> Fire Tower located on the leased promises; <br /> WHEREAS,the Lessor wishes to use a portion of the lease premises to provide an area for <br /> lease to Norfork Southern Railroad Company to establish communuications for a high speed public <br /> rail service;and, <br /> WItEREAS,the parties hereto have mutually agreed to the terms of this lease agreement as <br /> hereinafter set out; <br /> WHEREAS,the won of this agreement for and on behalf of the State of North Carolina <br /> has been duly approved by the Govercwr and Council of State at a meeting held in the City of <br /> Raleigh,North Carolina,on the 9th day of May,1996;and., <br /> NOW,THEREFORE,in cation of the mutual promises hereinafter set forth,Lessor <br /> does hereby great and let tmto Lessee for and during the term and under the terms and conditions <br /> hareafter specified,and the right and privilege to maintain a Communications Broadcast Facility <br /> inclusive of buildings,antenna support tower,with antennas and other necessary accessories,upon <br /> said property. <br /> 1. The lease agreement dated March 13, 1 947, shall be terminated by consent of both <br /> parties on June 30,1997. <br /> 2. The term of this lease shall be for a period of forty(40)years beginning on July 1, <br />