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HomeMy WebLinkAboutS License - First Baptist Church Parking Lot License3 -~ ~=0 7 5~ • SECTION SIK CONDITION OF PARKING SPACES & COMPENSATION FOR DAIVIAGE Licensee shall require its. Public Works Department to clear the Parking Spaces of trash and debris each Friday during the term of this'.License Agreement. Licensee agrees that it shall make all reasonable repairs to the Parking. Spaces. for damages directly attributed to its use of'the Parking Spaces. by Licensee., Licensee shall not. clear Parking Spaces during. inclement weather without first obtaining permission from the Licensor. Licensor and Licensee shall agree to method of removal that tivill be mutually satisfactory to each in the event removal of snow and ice is necessary. SEC'T'ION SEVEN INSURANCE AND INDEMNIFICATION Licensee agrees to add the Parking Spaces to its liability insurance policy. Licensee shall receive and process. any and all claims for damages made by court employees-and jurors that have been permitted. to use the .Parking Spaces arising out of their use of the same.. Licensee shall receive and process any and all claims for damages. arising directly out of Licensee=s use of the Parking Spaces. Licensee agrees to the extent of Law and .insurance p©licies owned by the Licensee to hold the Licensor harnlless for any damages arising from the use of the Parking Spaces as provided in this agreement. Licensee shall furnish Licensor with certificates of insurance evidencing the existence of insurance required by this Section Severe. SECTION. EIGHT REMOVAL OF PROPERTY On revocation, surrender ox other termination of the license granted by this Agreements Licensee shall quietly and peaceably surrender the Parking Area and shall remove all signage and other fixtures placed on such. property by Licensee. SECTION NINE NO LANDLORD-TENANT RELATIONSHIP It is expressly agreed and understood that this License. Agreement. shall not operate or be construed to create the relationship of landlord and tenant between Licensor and Licensee whatsoever. SECTION TEN MISCELLANEOUS • • SECTION TWO LMTATION TO DESCRIBED PURPOSE Licensee shall. only permit jurors and court employees to utilize the Parking Spaces during normal business hours, which shall be defined as Monday through Friday, -7;30 AM until x:30 PM., unless notit3ed by the .Licensor. Whenever possible, Licensor shall provide a minimum of two weeks notice to Licensee when events held on Licensor property prohibit the use of Parking Spaces by' Licensee. Licensee shall provide jurors and court employees with parking tags to hang an the rear view mire©r of their vehicles to indicate that they are. authorized to park in the Parking Spaces. The hang tag shall include an "issue date" so that Licensor and Licensee may track abandoned or improperly parked vehicle'. Licensor may require that Licensee tow any abandoned vehicles located in the Parking Spaces at-the effort and expense of Licensee. SECTION THREE PERIODIC PAYMENTS Licensee shall pay Licensor for this license at the rate of One Dollar {$1..00) for the two-year lease term payable in advance:: • SECTION FOUR. TERM & TERMINATION This License Agreement shall be valid far a period of two {~} years beginning. on May 1, 2007. Licensor and Licensee agree to discuss extending this initial twn year term should the justice- facility not be fully constructed prior to the natural expiration of the tvvo year period. Either party may terminate this License Agreement at any time, without regard to payment periods by giving written notice to the other specifying.. the -date of termination. Licensor and Licensee shall use: their best efforts to provide the other party a minimum of thirty {30) days prior'written notice ofits intent to terminate this Agreement. SECTION FIVE LICE?ti SEE CONTACT Licensee hereby provides Licensor with the contact information of two {2} individuals that Licensor may contact during regular business hours to address any and all immediate issues that may arise in regard to this License Agreement. Name Telephone ;'umber Email Address Pam Jones, Purchasing Director 9l9 245-2652 pjanes a~?co.arange.nc.us David Connell, Purchasing Agent 919 2$5-2651 dcannell~co.orange.nc.us 2 North Carolina Orange County LICENSE AGREEMENT This License Agreement is made effective as of'this the I G~' day of IVlay 2007, by and between the FIRST BAPTIST CHURCH GF` HILLSBOROUGI-I, INC., having an address of 201 W. Icing. Street,.. Hillsborough, North Carolina 27278, ("Licensor"} and the Ct~[JN7CY OF ORANGE, NORTH CAROLINA, a body politic and. corporate, a political subdivision of the State of North Carolina, having an address of P.O. Box S l $ l , Hillsborough, North Carolina 2?278 ("Licensee"). WITNESSETH: 'WHEREAS, .due to a diminished number of available parking spaces f©r employees of Licensee, Licensee desires to have the use of approximately thirty three {33) parking spaces awned. by Licensor during construction of the justice facility,: and WHEREAS, Licensor desires- to allow Licensee the use of the .parking spaces during the construction of the justice :facility. NOW; THEREFORE, for good and. valuable consideration, and subject- to the terms and conditions hereinafter set forth, Licensor does hereby license unto Licensee and. Licensee does hereby accept as Licensee of Licensor the parking spaces lying and being in Orange County, North Carolina, described nnore fully herein. SECTION ONE GRANT {7F LICENSE: DESCRIPTION OF PREIVIISES Licensor hereby grants to Licensee a license to occupy and use thirty three {33} parking spaces (the "Parking Spaces" or .:`Parking. Space."} The .Parking Spaces are located behind the First Baptist Church of Hillsborough having a physical address of 20I W. Icing Street, Hillsborough, North Carolina 27278 {the "Property"}: There are two parking lots located on the Property, an "upper lot" and a "lower lot." It is expressly understood and agreed that the Parking Spaces licensed herein are located. in the lower lot. Licensee shall not occupy any parking spaces on the Property other than those spaces located in the lower lot. Licensee shall install, at its sole cost .and expense, signage indicating which spaces in the lower lot are subject to this License Agreement. Licensor sha11 approve the size and type of sign prior to the same being installed an the Property. • It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Notch Carolina. Any modification. of thin Agreement ar additional obligation assumed by either party in connection wi#h this. Agreement shall be binding only if evidenced in w•zting signed by each party or art authorized representative of each party. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or .registered. mail if sent to the respective address. of each party as set forth at the beginning of this Agreement. By signing below, the representative of Licensor warrants that he/she is authorized. to execute this 1~greement on behalf of Licensor; and that helshe has obtained all authorizations, approvals, and .resolutions from Licensor and/or its members. that are necessary in order to duly bind Licensor to this Agreement. In w7tness vw~tereof, each party to this agreement has caused it to be executed on the date first written above. LICENSOR: FIRST BAPTIST CHURCH OF HILLSBOROUGH, INC. By: ~~,a,~, Name. Title: LICENSEE: Ct3UNTT' {~F ORANGE,y~QRTT-i CAR+DLINA Aliases Carey, Chair Orange County Board • 4