HomeMy WebLinkAboutAgenda - 04-15-2014 - 7c 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 15, 2014
Action Agenda
Item No. 7-c
SUBJECT: DC Fast Charger Electric Vehicle Station Licensing Agreement with Brightfield
Transportation Solutions
DEPARTMENT: Asset Management Services, PUBLIC HEARING: (Y/N) No
Department of Environment,
Agriculture, Parks &
Recreation, County Attorney
ATTACHMENT(S): INFORMATION CONTACT:
1) Site Locator Jeff Thompson, 919-245-2658
2) Typical Installation Illustrative David Stancil, 919-245-2522
3) Licensing Agreement John Roberts, 919-245-2318
PURPOSE: To consider:
1) Approving a Licensing Agreement and associated Easements granted to Brightfield
Transportation Solutions for electric vehicle "DC Fast Charger' fueling station
construction and operations at The Justice Facility parking lot in Hillsborough, NC and
the Skills Development Center parking lot in Chapel Hill, NC;
2) authorizing the Chair to sign all necessary documents upon final review of the County
Attorney.
BACKGROUND: Orange County is a leader in North Carolina (among both the public and
private sectors) in developing and offering for use electric vehicle charging stations to its
residents and stakeholders.
In 2011 the Board of County Commissioners authorized staff to secure an $83,540 grant with
the United States Department of Energy and its Carolina Blue Skies & Green Jobs Initiative for
the installation of 16 "Level 2" electric vehicle charging stations. These funds were accepted in
November 2011, and the 16 stations were successfully installed in 2012. Attachment 1, "Site
Locator", illustrates where these charging stations are installed and publicly available. The
Agenda Abstract for the November 15, 2011 grant acceptance and installation authorization can
be found at.http://www.co.orange.nc.us/OCCLERKS/1 111 15.htm - see Item 5-i.
The installations of these charging stations have seen significant growth in use and popularity
as plug-in electric vehicles become more mainstream and popular with consumers. This growth
in use is a significant objective of the grant. Because of this demonstrated success and growth,
2
assisted by Orange County's vision and leadership, the Carolina Blue Skies Initiative suggested
that Orange County be considered for private sector partnership with Brightfield Transportation
Solutions ("Brightfield") for the licensing agreement where Brightfield would finance, install and
operate two "DC Fast Charger" electric vehicle stations - one near the Eno River Farmers
Market in Hillsborough, NC, and one near the Chapel Hill/Orange County Visitors Center and
Orange County Skills Development Center in Chapel Hill, NC. The existing "Level 2" stations
will provide a complete electric vehicle charge in approximately 6 to eight hours, depending on
the charging system of the vehicle. The DC Fast Charger station technology allows for a full re-
charge in approximately 30 minutes to one hour. This technology will allow for owners of
electric vehicles to visit areas for much shorter time frames to receive a full charge - something
that is appealing to most electric vehicle owners, especially those visiting and spending dollars
within Orange County.
The County's proposed contribution to this initiative is only the conveyance of a utility easement
for the locations of the property. Brightfield will permit, design, install, and own the facilities and
will charge a nominal fee for the charging service. Brightfield will offer the County and its local
government partners (Chapel Hill, Carrboro, Hillsborough, Orange County Schools and Chapel
Hill-Carrboro City Schools, and OWASA) a discount to these charging services should these
entities invest in the plug-in electric vehicles now and into the future.
The Agreement stipulates the parking areas as not exclusive to electric vehicles; however, they
would be include signage as electric vehicle charging areas.
The licensing arrangement proposes a nine year term upon the final commissioning of the
stations, with a mutually agreed option for a five year renewal period of the license and/or a
mutually agreed buyout provision of the stations at the end of the license term. The full
proposed licensing agreement is provided at Attachment 3.
If the licensing agreement is approved, the Board of County Commissioners will be presented
the utility easements for approval after Brightfield secures all of the necessary regulatory
approvals for the development.
FINANCIAL IMPACT: There is no cost to the County for this licensing agreement. Should the
County exercise its mutually agreed buyout option at the end of the term, the County would
purchase the facilities for a negotiated fair market value at that time.
RECOMMENDATION(S): The Manager recommends that the Board:
1) approve a Licensing Agreement and grant the associated Easements to Brightfields
Transportation Services, LLC for electric vehicle "DC Fast Charger" fueling station
construction and operations at The Justice Facility parking lot in Hillsborough, NC and
the Skills Development Center parking lot in Chapel Hill, NC;
2) authorize the Chair to sign all necessary documents upon final review of the County
Attorney.
3
Attachment 1
Site Locator
Justice Facility Parking Area - 106 East Margaret St
=, .t .� x,21_ ..,
1 11 Ti t
,.. __:
i1.51.51 w
+±Y _ ref 1 " t_ _�' 1 :‘,
...- _.d '-k �,' , it , F
—1?u 1.
: , _
w
/0..,,,,,' . *4 0::*.i.,'., , .. —
)11'' :3
(�1, b.
7:4. iar.sazit ..=C;oogle earth
a :-,.ys,:NU ..o .I.. �..-,
Skills Development/Visitors Center - 501 W Franklin St
:3_,1140.—."
$1 rr . qJ �-
7 • 7' .
. r. 1 -
4I . \ ‘..
:°'1 3 i. ,4 ice, '` >
fs•-:1;*--1/4,-- ,, 4-..,' ii! , ..:',44.4:x:4-0 .- '',,,*'' 71$64111,%,f4k4' ,-;.-1'.;r4 ":::,,,,e7::: .'"''.4.' 1
}.' M 4t, a #;-4 t Orange City Chapel H ASkill �� {.t,gyp
•:'� ` v'.5°a'3d ... - ,Jrtiape.'y oqe icrula 35...34 er li /Tv•.a uuliv,0,, 450 f @Yeet 1101 rt0..
' .
4
Attachment 2
Typical Brightfield Station Illustration
1
I
i
.--.--,„.---
1,.,.
I .
ir
la , ..,„,..,
1 id
K.---;. ..00._ ,„,,_____„___,...• . I ,
rog 11Elais -
I
,
ri :ii : 11 1 I 1 ri r....,, i.
ri A -_--.7 )
rn
_ i IT
i,
:::: ' -
Islr .. ----E,
..,
, ,g.... 1-.9.
1 .- II !
i t .., ,_ /-, .jo
i
i -*. , ;•-• - _ _ '' i • 0 - -, !..1---___ —
4.■ ' 1 ielf -'''''''' -- ' ..
1■;% ' OX
bIQ ' '- -''
- 1,,,,v,,e1- -- *IP , °,•.''' -'**,-!',*i'*-, *'" °, ,„:::"*„ , , -—,,,, °-,A4.v., -t - ,-,, ' _J
5
Attachment 3
STATE OF NORTH CAROLINA
COUNTY OF Orange
LICENSE AGREEMENT
THIS LICENSE AGREEMENT("Agreement"and/or"License")made this day of ,by and between
Orange County,organized and existing under the laws of the State of North Carolina,(hereinafter"Licensor")and Riding
Partners, Inc. d/b/a Brightfield (`BrightfieldTS"), with its principal place of business at 87 Shope Road, Asheville, NC
28805(hereinafter"Licensee");
WITNESSETH:
Upon the terms and conditions hereinafter set forth, Licensor hereby grants unto Licensee and Licensee does hereby
accept as a Licensee of Licensor such property of Licensor's located at 106 East Margaret St and 501 W Franklin St ,
as more particularly described and shown on Exhibit "A," attached hereto and incorporated herein by reference,
(hereinafter "Premises") as shall be necessary for the construction and maintenance of equipment pursuant to the Terms
and Conditions set forth herein:
I. TERMS AND PAYMENTS:
A. Use of Licensed Premises
Licensor for the term set forth herein and subject to the terms and conditions of this License, hereby grant to Licensee
permission to use the Premises as described in Exhibit A herein, for the installation of equipment necessary for the
operation of a solar powered electric vehicle charging station, and/or stand-alone electric vehicle chargers and/or solar
array such equipment and accessories as set forth on Exhibit `B" (hereinafter "Equipment"). All Equipment and
improvements shall hereinafter collectively be referred to as "Licensee Facilities." The Licensee shall install the
Licensee's Facilities solely for the purpose of operating a solar powered electric vehicle charging station. Licensee's
facilities,shall be located in the license area as set forth in the attached Exhibit"A"and shall be constructed in accordance
with all relevant building codes and regulations. All Exhibits referenced herein are attached hereto and incorporated
herein by reference. In the event the Licensor determines a better use for the Premises, Licensor may elect to relocate the
Equipment to a new location("New Location") upon approval by both Parties, both Parties agree that approval shall not
be unreasonable withheld. The New Location shall be similar in visibility, user access, solar exposure and shall have
equal or higher projected utilization. The Licensor shall be responsible for all costs associated with the removal and site
restoration of the original site along with, relocation and installation at the New Location, including, but not limited to,
design,engineering,permitting, interconnection, construction,commissioning and all processing costs.
B. Term
The term of this License shall be for a period of nine (9) years (the "term") commencing from the first day of
, 201_(the "commencement date") and will terminate at 11:59 p.m. on the ninth anniversary of
the commencement date, provided that Licensee is not in default of any of its obligations set forth herein. If
Licensee shall remain in possession of the Premises at the expiration of this License without a written agreement,
such tenancy shall be deemed a month-to-month tenancy under the same terms and conditions of this License.
C. License Fee
1. Rental: The License Fee is $1.00 per year. All payments shall be made directly to
and these payments shall be exclusive of charges of the furnishing of any
utilities such as,but not limited to,electricity,gas,water,sewer or telephone.
Agr-License
6
2. In-Kind Service: During the Term of this Agreement, Licensor's fleet and employee vehicles shall have the
ability to utilize the equipment for a vehicle charge event at a reduced rate of_20%_. The fleet and employee
vehicles of the Licensor's: I) municipalities (Chapel Hill, Carrboro, Hillsborough); 2) University systems
(University of North Carolina at Chapel Hill, Durham Technical College); �i 3) the ange Water and
Sewer Authority),shall have the ability to utilize the e ui merit for a vehicle G�e even reduced rate of
20%_for a three year riod from the execution d reemd This value will be provided on an
annual basis by BrightfieldTS and will be based on industry trends and statewide polling.
3. Licensee shall have a separate electric meter to measure Licensee's electric consumption and Licensee shall
pay directly to the public utility company for the installation of the meter and for any electricity used by
Licensee's Equipment, unless another interconnection solution becomes preferable to both parties. Any such
other preferred interconnection solution shall be agreed to in writing by the Parties hereto.
IL INSTALLATION MAINTENANCE AND ACCESS
A. Additional Fees
1. All costs directly or indirectly• associated with the installation of the Licensee Facilities are the sole
responsibility of Licensee.
B. Prerequisites to Installation
1. Prior to the installation of the Licensee Facilities on the Premises, Licensee shall submit detailed engineering
plans and specifications of the planned installation to the Licensor. Upon securing regulatory approval of the
plans and specifications, the Licensee shall provide the Licensor with at least ten (10) days' notice of the
actual installation of the Licensee's Facilities. Licensee shall use its best efforts to follow an installation
schedule which will limit interference with the_parking area as well as the ability to use the parking spaces
within the license area.
2. Prior to the installation of any of the Licensee's Facilities on the Premises, Licensee shall, at Licensee's sole
cost and expense provide the Licensor with copies of any and all permits for the installation.
3. Prior to the installation of any of the Licensee's Facilities on the Premises, or entry onto the Premises,
Licensee shall provide the Licensor with Certificates of Insurance as required by Section III of this License.
4. Signage: Licensee will be permitted to place signage for the electric vehicle charging station as shown on
Exhibit C attached hereto. No additional signage will be permitted without the express approval of the
Licensor. Notwithstanding anything contained herein, all signs must be professionally made, approved by
Licensor prior to display, such approval not to be unreasonably withheld, and must comply with applicable
governmental regulations. It shall be responsibility of Licensee to obtain local permits for signage and to
ensure such signage is authorized under local ordinances. All signs that do not have prior approval by
Licensor will be removed at the sole cost of Licensee.
C. Maintenance
1. All installation and other work to be performed by Licensee hereunder shall be done in such a manner so as
not to interfere with, delay, or impose any additional expense upon Licensor in maintaining the Premises. In
no event will Licensor be required to consent to any installation or other work by Licensee which would
negatively impact any part of the Premises or any adjoining property of Licensor.
2. Licensee shall maintain its Licensee's Facilities in proper operating condition and within industry accepted
safety standards and such other standards as may be adopted by the federal government from time to time.
2
7
Licensor assumes no responsibility for the licensing, operation and or maintenance of the Licensee's
Facilities.
D. Permits and Compliance
1. The Licensee's Facilities and installation, operation and maintenance of such must be in compliance with all
federal, state and local laws, including but not limited to local zoning requirements. It shall adhere to
reasonable technical industry standards.
2. The Licensee shall at all times in good faith, use its best efforts to obtain licenses, permits and approvals
necessary for the installation or operation of the Licensee's facilities,at Licensee's sole expense. Licensor,to
the extent it can legally do so,will cooperate with Licensee in obtaining necessary permits.
3. Notwithstanding the obligations of the Licensee, Licensor shall maintain in good condition and repair the
Premises.
E. Access,Authorized Personnel and Limits on Exclusivity of Space Use
1. Licensee shall have a non-exclusive right to access the premises for ingress and egress purposes. In the event
an additional right of way or easement is required by Licensee for such access, Licensee shall negotiate the
right of way or easement separate from this License and all costs associated with obtaining the right of way or
easement shall be borne entirely by Licensee.
2. Licensee and its authorized personnel shall have reasonable access to the Premises twenty-four (24) hours a
day, seven (7) days a week, for the purposes of routine and emergency maintenance of the Licensee's
Facilities.
3. At present, it is recognized that there is strong demand for parking during the normal business hours at the
Premises. Therefore, during the initial_2years of the license Agreement, parking in the_5_spaces adjacent
to the electric vehicle station will be open use and non-exclusive. In year_3_of the license Agreement, it is
contemplated that there will be an increased demand for designated access for these spaces,as electric vehicle
parking only. Licensee and Licensor agree that beginning in year _3_ of this Agreement, one of the
_5_spaces to be designated as "Electric Vehicle Parking Only" at the point that there are_50_such vehicles
registered in Orange County_. Designating additional parking spaces of any equipment owned and operated
by licensee will be reviewed each additional year of the license a eement, usin the same metric (e.g. _1_
desi ated s ace er_50 registered electric vehicles, etc.). nd agree
no enforcement of itese guidelit rd of the
III. LIABILITY AND CONDEMNATION
A. Insurance
1. Licensee shall provide a certificate of insurance prior to the commencement of this License evidencing
coverage in the limits and amounts shown below. All certificates of insurance for general liability shall show
the Orange County as an additional named insured.
General Liability $1,000,000.00
Automobile Liability $500,000.00
(combined single limit;hired and non-owned coverage,for company owned vehicle only)
3
8
2. Licensee shall require its contractors/subcontractors, prior to commencing any installation, repair or
maintenance work on the premises to provide the Licensor a certificate of insurance evidencing like coverages
and limits as described above.
3. During the term of this License and any renewals thereof,the Licensee shall provide to the Licensor,upon the
anniversary date of this License, a certificate of insurance evidencing the coverage in the amounts shown
above. All certificates issued on behalf of the Licensee to the Licensor shall require no less than thirty (30)
days prior written notice to the Licensor as to the termination,lapse, or reduction in coverage.
4. The failure of the Licensee to maintain any of the coverage or meet any of the required conditions of this
License shall constitute a default. Upon such default, the Licensor shall have the option of obtaining and
maintaining such coverage as set forth in Section III(A)(1)herein and shall have the right of reimbursement
from the Licensee for the cost of said coverage, or shall have the option of terminating this License upon
thirty(30)days written notice to the Licensee.
B. Indemnification
1. Licensee agrees to indemnify, defend and hold Licensor harmless from and against injury, loss, damage or
liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees
and court costs)which may be imposed upon or incurred by or asserted against Licensor occurring during the
term of this License, or during any period of time prior to the Commencement Date hereof or after the
expiration date hereof when Licensee may have been given access to or possession of all or any part of the
Premises arising from:
(i) any work or act done in, on or about the Premises or any part thereof, including the installation, use,
maintenance, repair or removal of the Licensee Facilities, at the direction of Licensee, its agents, contractors,
subcontractors,servants, employees,Licensees or invitees,except if such work or act is done or performed by
Licensor or its agents or employee;
(ii) any negligence (including gross or ordinary negligence, any willful or wanton act or omission or any
other wrongful act or omission occurring in, on, or about the Premises or any part thereof,to the extent such
injury, loss, damage, liability, costs, and/or expenses are caused by the negligence, gross negligence, or
misconduct of Licensee, its agents, employees, contractors, subcontractors, servants, licensees, or invitees;
and
(iii)any failure on the part of Licensee to perform or comply with any of the covenants, agreements, terms,
provisions, conditions or limitations contained in this License on its part to be performed or complied with.
2. To the extent authorized by North Carolina law Licensor agrees to indemnify, defend and hold Licensee
harmless from and against injury, loss, damage (but not consequential damages or punitive damages), or
liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees
and court costs)which may be imposed upon or incurred by or asserted against Licensee occurring during the
term of this License arising from:
(i) any negligence (including gross or ordinary negligence, any willful or wanton act or
omission or any other wrongful act or omission occurring in, on, or about the Licensee
Facilities or any part thereof, to the extent such injury, loss, damage, liability, costs,
and/or expenses are caused by the negligence, gross negligence, or misconduct of
Licensor,its agents or employees;and
(ii) any failure on the part of Licensor to perform or comply with any of the covenants, agreements, terms,
provisions,conditions or limitations contained in this License on its part to be performed or complied with.
4
9
3. The above referenced language shall not be construed as waiving any defense or limitation which either party
may have against any claim or cause of action by any person not a party to this Agreement. Nor shall said
language be construed as waiving any defense either party may have against each other to the defense of
governmental immunity. Provided, however,the indemnification language contained hereinabove, is entered
into only to the extent it is currently authorized by North Carolina law and does not violate nor contravene
state or local laws as it relates to either party, individually, or jointly.
C. Casualty
In case of damage to the Premises or those portions of the Premises which are essential to the operation of the
Licensee Facilities, Licensor may, at its expense, cause the damage to be repaired to a condition as nearly as
practicable to that existing prior to the damage, with reasonable speed and diligence, subject to delays which may
arise by reason of adjustment of loss under insurance policies, Governmental Regulations, and for delays beyond
the control of Licensor, including a"force majeure". Licensor shall not, however, be obligated to repair, restore,
or rebuild any of Licensee's personal property,including but not limited to the Licensee Facilities. Licensor shall
not be liable for any consequential damages, inconvenience, or annoyance to Licensee, or injury to Licensee's
business resulting in any way from such damage or the repair thereof for the time that Premises are rendered
unusable for Licensee's intended purpose,the base rent shall proportionately abate. In the event the damage shall
involve the Premises generally and shall be so extensive that Licensor shall decide, at its sole discretion, not to
repair or rebuild the Premises, this License shall, at the sole option of Licensor, exercisable by written notice to
Licensee given within thirty(30)days after Licensor is notified of or otherwise becomes aware of the occurrence
of the casualty, be terminated as of the date of such casualty, and the base rent,taking into account any abatement
as aforesaid, shall be adjusted to the termination date and Licensee shall thereupon promptly vacate the Parking
Lot and the Premises.
D. Condemnation of Premises
In the event that any government, public body, or other condemning authority shall take, or if Licensor shall
transfer in lieu of such taking, all or such part of the Premises thereby making it physically or financially
infeasible for the Premises to be used in the manner intended by this License, Licensee shall have the right to
terminate this License effective as of the date of the taking by the condemning party and the rental shall be
prorated appropriately. However,if only a portion of the Premises is taken,Licensor shall upon consultation with
Licensee determine whether the License should remain operative, giving either Party the right to terminate upon
120 days notice of the intent to terminate.
V. HAZARDOUS SUBSTANCES
Licensee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or
within any Premises in violation of any law or regulation. Licensor represents, warrants and agrees (1) that
neither Licensor nor, to Licensor's knowledge, any third party has used, generated, stored or disposed of, or
permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the
Premises in violation of any law or regulation, except as disclosed herein, and (2)that Licensor will not, and will
not permit any third party to use,generate, store or dispose of any Hazardous Material on, under, about or within
the Premises in violation of any law or regulation. As used in this paragraph, "Hazardous Material"shall mean
hazardous or radioactive material,polychlorinated biphenyls,friable asbestos or other hazardous or medical waste
substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as
amended,or by any other federal state or local law, statute,rule,regulation or order(including any Governmental
Requirements, as hereafter defined) concerning environmental matters, or any matter which would trigger any
employee or community"right-to-know"requirements adopted by any such body, or for which any such body has
adopted any requirements for the preparation or distribution of a material safety data sheet. "Governmental
Requirements" shall mean all requirements under any federal, state or local statutes, rules, regulations,
ordinances,or other requirements of any duly constituted public authority having jurisdiction over the Property.
5
10
This Section shall survive the termination of this License.
VI. OTHER TERMS AND CONDITIONS
A. Special Event
If Licensee desires to host a special event or demonstration event onsite for the EV station, Licensee will need to
coordinate that permission through tge ^ggrt� ' ?=-' Poj 'i
B. Assignment
Licensee may transfer or assign any or all of its interest in this License upon thirty (30) days advanced written
notice to Licensor.
C. Taxes and Assessments
Licensee shall pay any taxes, assessments, charges, fees or licenses attributable to its use of the Premises,
including any increase in real property taxes and any use,occupancy, and/or personal property taxes.
D. Mechanics Liens
Licensee shall not suffer or permit any mechanic's, laborer's, or materialman's lien to be filed against the
Premises by reason or work, labor, services, of materials requested and supplies claimed to have been requested
by Licensee; and if such lien shall at any time be so filed,within fifteen(15)days after notice of the filing thereof,
Licensee shall cause it to be cancelled and discharged of record. In the event Licensee does not cause such lien to
be cancelled and discharged of record, Licensor may terminate this License and proceed in accordance with
applicable law.
E. Fixtures and Removal
Licensor covenants that except in the event that it exercises the Option to Purchase described in Section VII. A.
below, all personal property and improvements of every kind and nature installed, constructed, or placed by
Licensee on the Premises, shall be and remain the property of Licensee despite any default or termination of this
License and may be removed by Licensee provided that Licensee, at its expense, shall restore the Premises to its
condition as of the commencement date of the License reasonable wear and tear excepted.
F. Removal of the Licensee Facilities Upon Expiration or Termination
Unless Licensor exercises the Option to Purchase described in Section VII. A. below, upon the expiration of the
term of this License or the termination hereof,whichever first occurs,Licensee shall have the option of removing
all of the Licensee Facilities or conveying the Licensee Facilities to Licensor. In the event Licensee elects to
remove the Facilities, Licensee shall restore the Premises to its condition as of the Commencement Date of this
License,reasonable wear and tear excepted. Any and all removal of Licensee's equipment shall be performed in a
workmanlike manner, without any interference, damage or destruction to any other equipment, structures or
operations at the Site or any other equipment of other Licensees thereon.
G. Amendments.
This Agreement may be amended in a writing signed by both parties. As to amendments that the Licensor deems
substantial, including any amendment affecting the term of this Agreement or the License Fee, approval by the
0r nge .
•. of Coun,LK Commis may be required. As to other amendments, the Prange County
may approve.
VII. EXPIRATION/TERMINATION OF LICENSE
6
11
A. Option to Purchase
•
A. Option to Purchase
1. Beginning in year ten(10)of this Agreement and/or upon expiration of the initial term of this A eement,the
Licensor shall,pursuant to and consistent with the terms of this Agreemen
rP2411.tlig LicegivoLalla Licensee, have the option to purchase Licensee's Facilities at Fair Market Value (the
"FMV").
2. Fair Market Value shall be determined by an appraiser or CPA. The cost of determining the FMV shall be that
of the Licensor. In the event of a dispute regarding the appraisal,Licensee shall have appraisal completed and
the average of the two appraisals shall serve as the FMV. Licensor may exercise this option at any time after
the expiration of the initial term.
3. Beginning in-War ten (10) of this Agreement and/or upon expiration of the initial term ofilliMIEMEnt,
Licensor shall, pursuant to and consistent with the terms of this Agreement, and with the mutual agreement of
both the Licensor and Licensee, have the option to renew the existing Agreement for an additional six(6)year
period.
B. Termination
In the event of default as described in Section VII. E. below, Licensor may, at its option, terminate this
License upon written notice to Licensee. Except where a different time is set forth elsewhere herein, said
notice shall be thirty(30)days.
C. Holding Over
Should Licensee hold possession of the Premises or any portion thereof after the date upon which the Premises
are to be surrendered, Licensee will become a Licensee on a month-to-month basis upon all the terms, covenants,
and conditions of this License except those pertaining to the License term. Licensee will continue occupancy
from month-to-month until terminated by Licensor or Licensee by the giving of thirty(30)days' written notice to
the other. Nothing contained herein shall grant Licensee the right to holdover after the term of this License has
expired.
D. Non-Waiver
Failure of Licensor to insist on strict performance of any of the conditions or provisions of this License or to
exercise any of the rights hereunder shall not waive such rights.
E. EVENT OF DEFAULT
It shall be an Event of Default if any one or more of the following events shall occur:
1. Licensee shall default in the payment when due of any Rent or other sum of money specified hereunder to be
paid by Licensee, and Licensee does not remedy such default within ten(10)days after written notice thereof
from the Licensor (provided, however, that the Licensor shall not be required to provide such notice with
respect to more than two payments required during any calendar year during the term hereof);or
2. Licensee shall default in the performance of any other of the terms, conditions or covenants contained in this
License to be performed or observed by Licensee, other than that specified in (1) above, and Licensee does
not remedy such default within thirty (30) days after written notice thereof or, if such default cannot be
7
12
remedied in such period, Licensee does not commence such efforts to remedy the default within twenty (20)
days after such notice and continue to pursue such efforts and/or acts to completion with reasonable diligence.
3. In the event Licensor shall fail to keep or perform any of the terms, conditions or covenants contained in this
License to be performed or observed by Licensor, and Licensor does not remedy such failure within thirty
(30)days after written notice thereof is given to Licensor,Licensee shall have and shall be entitled to exercise
any and all rights and remedies permitted by applicable law.
VIII. MISCELLANEOUS
A. Notice
1. The parties hereby acknowledge that all notices relative to this License shall be served upon the parties in
writing and shall be deemed properly served only when delivered by one of the following methods: hand
delivered, overnight courier, or posted by certified United States mail, return receipt requested, addressed to
the party to whom directed at the following addresses or at such other addresses as may be from time to time
designated in writing:
To Licensor: Orange County
c/o Jeff Thompson,Director,Asset Management Services
PO Box 8181
Hillsborough,NC 27278
To Licensee: Riding Partners,Inc.
c/o/Matthew Johnson,President
87 Shope Road
Asheville,NC 28805
B. Governing Law
This License shall be governed by and construed in accordance with the laws of the State North Carolina. All
rights and remedies of Licensor under this License shall be cumulative and none shall exclude any other rights or
remedies allowed by law or by equity. Venue shall be in Orange County North Carolina for any action brought
by either party against the other related to this License.
C. Attorney's Fees
The prevailing party shall be entitled to recover from the non-prevailing party reasonable attorneys'fees,
costs,and expenses incurred in any action or proceeding arising out of or relating to this Agreement.
D. Severability
Should any provision or provisions contained in this License be declared by a court of competent jurisdiction to
be void, unenforceable or illegal, such provision or provisions shall be severable and the remaining provisions
hereof shall remain in full force and effect.
E. Entirety
This License contains the entire Agreement of the parties and may not be modified, except by an instrument in
writing and signed by both parties.
Attest:
By:
8
13
Title: Chair, Orange County Board of County
Commissioners
(Official Seal) Date:
Attest:
By:
Matthew Johnson
President,Riding Partners,Inc.
(Corporate Seal) Date:
******
STATE OF NORTH CAROLINA
COUNTY OF
I , Notary Public of the County and State aforesaid certify that
personally came before me this day and acknowledged that s/he is the of the
, a municipal corporation, and that by authority duly given and as the act of the
corporation the foregoing instrument was signed in its name by its and attested by him/herself as
its
Witness my hand and notarial seal this day of ,20_
(SEAL)
Notary Public
My Commission Expires:
xxxxxxr.
STATE OF NORTH CAROLINA
COUNTY OF
I, , Notary Public of the aforesaid County and State, certify that
personally came before me this day and acknowledged that he/she
is of Riding Partners, Inc. Corporation, and that he/she, as
, being authorized to do so, executed the foregoing on behalf of the said
corporation.
Witness my hand and notarial seal this day of ,20
(SEAL)
Notary Public
My Commission Expires:
9
14
Exhibit A
Copy of SURVEY outlining the area of construction and license area
106 East Margaret St
__ ;
f X, y{i,. f
M Fes{ 1
j
f 1
ttat X47
. c all
j, • — . #,
4 1..1 `, ' 1 111 „
4 x _ i ,#f j 1/M
..
1
y
n G! DA's Office and Farmers Market ION
—( t e
� � it:
� \1x4{ y • t
6
w
Wa e1
e -11" )
1 i
§;
t k*.
1
T.',
Pe‘ X2013 Goagle
- Google e,
4# tee' Imagery Date:10/19/2012 16°04'25.00°N 79°05'50.95"W elev 509 ft eye aft„
10
15
4', Li. .
9 T2 Canopy$a 6"E_x 12',"d•lath 12 g-ound c'earance
I
<:
�
i _ ,,
.i
1 grid=1 foot
501 W Franklin St
■- .
,. : _ - _ Via!
'a
tee, +.
t1S d Qsa ..
', y p - ' m om, Y._� �r� �.,`\.
ly ro •,� rz ST '
t 3i ' r
.41;,,,
'\
.. Nom, 4a, ' '
. s :" .._` .L.:19' 7° a7C1W°s ar.1
11
16
0 ; t1
x,14
1 grid= 1 foot
Exhibit B Equipment
List and description of equipment for installation
501 W Franklin St
• 1-Fuji 25KW DC Fast Charger
• Appropriate metering and reporting equipment
106 East Margaret St
• 5000 Watt(21 panel)Brightfield®T3 PV array
• 3-Networked ChargePoint L2 Charger(s)
• 1-Fuji 25KW DC Fast Charger
• Appropriate metering and reporting equipment
Exhibit C
Signage
12
•
17
QBa•dm- 14in. x 42in.
f *
i
Electric Vehicle
Charging Station
Please leave these
spaces for electric
cars, if other parking
is available. Thanks!
dok THCA.Dnal
B rig Ef Fled GLaaALIAN BitE
FAR SUSTAlVA81ltTY
TransportationSotLItions TEG,HNOLOCAfS
We are Solar Driven'
Sample of sign to be placed on station trunk.
13