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This instrument prepared by:
W.Paul Holt,Jr. •
P.O.Box 217
Sylva,NC 28779
NORTH CAROLINA
JACKSON COUNTY
LEASE
THIS LEASE AGREEMENT, made and entered this 4 day of September, 2004,
between CASHIERS VALLEY COMMUNITY COUNCIL, INC., (Landlord); and
COUNTY OF JACKSON,(Tenant).
WITNESSETH : •
In consideration of Ten Dollars ($10.00) and other valuable consideration, and the mutual
promises, covenants and conditions set forth herein, the sufficiency and receipt of which is
hereby acknowledged,the parties hereto do hereby covenant and agreed as follows:
1. Landlord hereby leases and rents to Tenant,the premises described as follows:
TRACT ONE: Being and comprehending the 4.5 acre tract described by deed
recorded in Book 1148,Page 357,Jackson County Public Registry,to which deed
as so recorded reference is had.
LESS AND EXCEPT the buildings located thereon as follows:
1. The building housing the Southwestern Child Development Center;
2. The building housing the Cashiers-Glenville Volunteer Fire Department,Inc.;
3. For the term of three(3)years only,the building housing the Community Center.
TOGETHER WITHAND SUBJECT TO that same right of way conveyed by
deed dated May 28, 1963,from Maggie Zachary(widow)to Cashiers Valley
Community Center, Inc.,recorded in Book 270, Page 385, Jackson County Public
Registry,to which deed as so recorded reference is had.
TRACT TWO: Being and comprehending the 3.81 acre tract described by deed
recorded in Book 1200,Page 17, Jackson County Public Registry, TOGETHER
with and SUBJECT to the same rights of way and water rights set forth therein, to
which deed as so recorded reference is had.
TRACT THREE: Being and comprehending the same lands conveyed by deed •
recorded in Book 1078,Page 565, Jackson County Public Registry,to which deed
as so recorded reference is had.
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2. This Lease shall be in effect for a term of forty years, commencing on
31.)11 t 6T Otfand terminating on J u 31 1ST , 2044.
3. Tenant shall pay Landlord the annual rent of One Dollar($1.00) during said term,
payable in advance.
4. Tenant covenants and agrees:
a. Upon the expiration of the lease it will return possession of
the leased premises in its present condition,reasonable war and
tear,and fire casualty excepted. Tenant shall commit no waste to
the leased premises.
b. It shall maintain the grounds of the subject premises.
b. It shall maintain, at its expense,insurance covering all facilities and
grounds. •
c. It shall comply with all building, zoning and health codes
and other applicable laws for said leased premises. •
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d. It shall not conduct a business on said property and shall
only use said properties for recreational purposes and programs;
provided,however, that Tenant shall allow historical programs and
activities of Landlord not in conflict with the ongoing recreational •
programs and facilities.
e. In the event Tenant ceases to use the leased property for
recreation purposes and programs,this Lease shall terminate and
Landlord shall have the right to re-enter and claim possession of •
the leased premises.
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5. This Lease shall be binding upon and inure to the benefit of the parties, their
successors, assigns, and personal representatives. V
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IN WITNESS WHEREOF,the parties hereto have.hereunto affixed their bands and seals,
the day and year first above written,to duplicate originals.
CASI-II� •. , •` EY ITY COUNCIL,INC.
By:
ATTEST:
(CORPORATE SEAL)
COUNTY F SO
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By: itZ
K. Stacy uchanai, Chairman
Jackson County Board of Commissioners
EST:
Evelyn B. Baker, Clerk to the Board
(SEAL)
NORTH CAROLINA
JACKSON COUNTY
I, Oilatia alue, oeiongrui-k/ , , a Notary Public, do
hereby certify that c�woft"J ; u„,ici4 l personally appeared before me, with whom I
am personall ac uai ed, who, being by me duly sworn, says that he/she is the President, and
that ' , is the -Secretary of Cashiers Valley
Community Council, Inc.,the corporation described in and which executed the foregoing and
annexed instrument; that he knows the corporate seal of said Corporation;that the seal affixed to
the foregoing instrument is said seal; that the name of the said President and Secretary
was subscribed thereto by said Chairman and that said President and Secretary subscribed
their names thereto and said seal was affixed, all by order of the members of the Board of
Directors of the corporation, and said instrument is the act and deed of said Board;
Witness my hand and notarial seal this the day of,)CtOI1¢4 , 2004.
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(SEAL) &tr. Q-4,t2- f.474 j�•�2EA✓ ,Notary Public .
My Commission expires:
91.14a a7, o '
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NORTH CAROLINA
JACKSON COUNTY
I, -1)� -r (2. 2lelS a Notary Public, do hereby
certify that STACY BUCHANAN personally appeared before me, with whom I am personally
acquainted, who, being by me duly sworn, says that EVELYN B. BAKER is Clerk to the Board,
and that he is the Chairman of the Board of County Commissioners for Jackson County,North
Carolina,the entity described in and which executed the foregoing and annexed instrument;that
he knows the common seal of said County; that the seal affixed to the foregoing instrument is
said common seal; that the name of the said Board of County Commissioners was subscribed
thereto by said Chairman and that said Chairman and Clerk subscribed their names thereto and
said common seal was affixed,all by order of the members of the Board of Commissioners for
Jackson County,North Carolina, and said instrument is the act and deed of said Board of '.
Commissioners.
Witness my hand and notarial seal this the )1. day of Sept. , 2004.
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(SE¢t P A R ��•� ,Notary Public
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