DESCRIPTION Approval of Lease Agreement with Windstream for David G. Barnes Park.

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1 MEETING TYPE: Board of Commissioners - Regular MEETING DATE: 11 Apr 2017 STAFF RESPONSIBLE: Natalie Jackson DEPARTMENT: Parks & Recreation Department DESCRIPTION Approval of Lease Agreement with Windstream for David G. Barnes Park.

2 STATE OF NORTH CAROLINA ) ) SUB-LEASE AGREEMENT COUNTY OF UNION ) THIS LEASE AGREEMENT ( Lease ) is made and entered into by and between Windstream North Carolina, LLC( Sub-Lessor ) and the Town of Waxhaw, North Carolina ( Town ) (collectively, the Parties ). WHEREAS, Sub-Lessor is the Lessee of certain real property containing approximately.25 acres, located near South Main and Caldwell Streets in the Town of Waxhaw, Union County, North Carolina bearing tax parcel number A ( Property ); WHEREAS, the Sub-Lessor and its predecessors in interest, have allowed the Town to place a town park on most of the Property (but excluding the parking area) as set forth on Exhibit A which is attached hereto (hereinafter, the Premises ); WHEREAS, the Town has made park improvements on the Premises which is currently designated as the David G. Barnes Park; WHEREAS, Sub-Lessor has continued to allow the Town to use the Premises for a park and the Parties wish to formalize their agreement to lease the Premises to Town as set forth herein; and WHEREAS, Sub-Lessor and Town intend to express herein all of the terms, covenants and conditions pertaining to the lease of the Premises. NOW, THEREFORE, for and in consideration of the above preambulary recitals, as well as the terms, covenants and conditions set forth below, Sub-Lessor and the Town hereby agree as follows: 1. Recitals Incorporated Herein. The above recitals are hereby incorporated in and made a part of this Lease as fully as if set forth verbatim herein. 2. Sub-Lease Term. The term of this Sub-Lease shall commence on the Effective Date and shall continue for ten (10) years from the Effective Date ( Term ). At the end of the ten (10) year term, any extension term must be re-negotiated. 3. Rent. As payment for rent, Town covenants and agrees to provide insurance and maintain the Premises in accordance with the terms and conditions of this Lease. In addition, the Town will maintain Sub-Lessor s cypress trees near Sub-Lessor s fenced parking area

3 4. Lease of Premises; Supplemental Lease of Road Right-of-Way Areas. Sub-Lessor hereby leases the Premises to Sub-Lessor for the term of this Lease. Hick s Street is an unopened street right-of-way adjacent to the Property. Caldwell Street is a partially open street but the area adjacent to the Premises and Hick s Street is not paved, open or used for vehicular traffic. Town is considering closing Hick s Street and that portion of Caldwell Street adjacent to the Premises. Sub-Lessor would become the owner of any closed road right-of-way to the center line where the Property is abutting. In the event that either of these two road rights-of-way are closed or partially closed, the Parties agree that these areas former road right-of-way areas (as marked on Exhibit A) shall automatically constitute the Premises and be leased to Town under this Lease. 5. Use of Premises; Assignment. Town may use the Premises for a Town park or related municipal purposes. Town shall not use or permit the Premises to be used for any other purpose without the written consent of Sub-Lessor. Town may not assign its leasehold interest in the Premises without Sub-Lessor s written consent. 6. Maintenance; Improvements. Town shall maintain the Premises in a neat and orderly manner and inspect the area to ensure that there is no rubbish, trash or debris left on the Premises. Town may make improvements, alterations, and additions to the Premises with or without the prior written consent of Sub-Lessor. 7. Utilities. There are no utilities on the Premises. Town may obtain utilities for the Premises. It shall be Town s responsibility to arrange and pay for installation and use of all utilities for the Premises. 8. Property Taxes and Assessments. Town shall pay all property taxes and assessments levied against the Premises during the term of this Lease. Sub-Lessor will cooperate with the Town with execution of any documentation to obtain tax exempt status. 9. Insurance. Town shall maintain general liability insurance coverage on the Premises. 10. Notices. All notices, requests, demands or other communications given hereunder shall be sent either (a) by hand, or (b) by certified United States Mail, return receipt requested, or (c) by commercial overnight delivery service to the address set forth below: To Town: To Sub-Lessor: Town of Waxhaw Windstream North Carolina, LLC P.O. Box Anderson Drive, Ste N. Broom Street Little Rock, AR

4 Waxhaw, NC Attn: Town Manager Attn: Network Real Estate 11. Proper Authority; Acknowledgment. By the respective signatures on this Lease, Sub-Lessor and Town represent, declare and warrant that each has the proper legal authority to execute and enter into this Lease, and to become bound by hereto. 12. Memorandum of Lease. At the request of either party, Sub-Lessor and Town shall execute and deliver, in duplicate original counterparts, a recordable memorandum of this Lease identifying the premises and stating the commencement and termination dates of the term of this Lease. 13. Sealed Instrument. Town and Sub-Lessor agree that by signing below they intend to place their hands and seals upon this Lease and that this Lease shall be considered in every respect to be a sealed instrument. 14. Effective Date. The Effective Date of this Lease shall be deemed as of the latest date of execution by the Parties as set forth below. IN WITNESS WHEREOF, Sub-Lessor and Town have caused this Lease to be executed and sealed as of the Effective Date. IN THE PRESENCE OF: WINDSTREAM NORTH CAROLINA, LLC By: (Seal) Date: TOWN OF WAXHAW By: (Seal) Date:

5 ain W South M St Caldwell St Exhibit A Lease Area w/ Potential Rd Closure Tax Parcels Roads Ü Feet 80 Data Source & Disclaimer Data provided by Union County GIS and Town of Waxhaw GIS. The Town of Waxhaw does not guarantee the accuracy of the information displayed. Map created March 2017.