HomeMy WebLinkAbout2015-105 Orange County - Town of Hillsborough - Wayfinding Sign Placement and Maintenance License Agreement lb
North Carolina
Orange County
LICENSE AGREEMENT
This WAYFINDING SIGN PLACEMENT AND MAINTENANCE WSE AGREEMENT
("License Agreement"), made this 5� day of Joc,,� , by and between
Orange County, a political subdivision of the State of North C rolina, whose address is 200
South Cameron Street, P.O. Box 8181, Hillsborough, NC 27278 (hereinafter"Licensor" or
"County"), with, to, and for the benefit of the Town of Hillsborough, a municipal corporation of
the State of North Carolina, whose address is 101 East Orange Street, P.O. Box 429,
Hillsborough, NC 27278 (hereinafter"Licensee"or"Town").
WITNESSETH:
For good and valuable consideration, and subject to the terms and conditions hereinafter
set forth, the Licensor does hereby license unto the Licensee and Licensee does hereby accept
the limited use of and access to Licensor's property identified by PIN 9874-05-9541 (the
"Property") as set forth herein.
Licensee desires, and Licensor authorizes Licensee, to construct and install two (2)
wayfinding signs on the Licensor's property as part of the Town Riverwalk at two (2) locations
located on the Licensor's Property as shown on Exhibit 1, attached hereto and described as
follows:
1. Riverwalk wayfinding sign number nine to be installed at the approximate location shown
on Exhibit 1 as "Sign 9 *".
2. Riverwalk wayfinding sign number ten to be installed at the approximate location shown
on Exhibit 1 as "Sign 10 *".
Licensee shall be responsible for maintaining the two (2) signs as nearly as possible in their
current condition and location except as noted in section (d) below.
In consideration of the foregoing and subject to the terms and conditions described
herein, the Licensor does hereby grant unto the Town the right and privilege and license over,
upon, and through the Property to construct, install, re-construct, maintain, repair, modify, or
remove the two (2)freestanding signs designed and intended to assist the public on the
Riverwalk, and (b) to maintain the signs as nearly as possible in their current condition at the
two (2) sign locations noted above together with a right and license to go upon the Property
whenever the same is reasonably necessary for the purposes of constructing, inspecting,
maintaining, and repairing said signs.
IT IS UNDERSTOOD AND AGREED by the parties that:
a. Said License shall commence on the date first above recorded and will continue until
such time as it is terminated pursuant to the terms of this License Agreement.
b. The execution and delivery of this License Agreement by the Licensor and its
acceptance by the Licensee shall not obligate the Licensee to construct or re-construct the
signs.
C. Licensee shall utilize the licensed area for the limited purpose of constructing and
maintaining the signs as noted herein.
d. The Licensor shall in all other respects remain the fee owners of the Property and areas
subject to this License Agreement, and may make all lawful uses of the Property not
inconsistent with the License.
e. The Licensor shall not be held responsible for any construction, reconstruction, or
maintenance of the signs unless such authority is released to it by the Licensee and Licensor
agrees in writing to such release.
f. The Licensee shall not perform any sub-grade maintenance or modification to the signs
without prior written authorization by the Licensor.
g. In the event the Licensee fails to construct the signs as noted within one (1) year of the
date of this License Agreement or fails to maintain the signs in their conditions and locations as
described in Exhibit 1 and Licensor or its successors, heirs, or assigns notifies the Licensee in
writing of such failure and the Licensee does not cure such failure to construct or perform
necessary maintenance within one hundred-twenty(120) days of receipt of written notice, such
failure will result in termination of the License Agreement immediately upon the expiration of the
one hundred-twenty(120) day cure period, and Licensor or its successors, heirs, or assigns
may take possession of and remove the signs from the Property.
IT IS FURTHER UNDERSTOOD AND AGREED by the parties hereto that the license granted
herein is for the benefit of the Licensee and shall not be transferred, assigned, or otherwise
conveyed by the Licensee; and that Licensor or its successors, heirs, or assigns may re-enter
and take possession of the signs in the event the Licensee ceases to be an incorporated
municipal body. This License Agreement may be otherwise terminated by mutual agreement of
the Licensee and Licensor.
Licensor, at Licensor's option, may terminate this License Agreement upon one hundred-twenty
(120)days' notice to Licensee. Should Licensor exercise this option Licensor shall endeavor to
provide other areas situated as near as possible to the location of the signs as contemplated by
this License Agreement for the installation of Licensee's signs.
Licensor covenants with Licensee that Licensor is seized of the premises in fee simple, has the
right to convey the rights, privileges, and license which are granted herein, that title is free and
clear of all liens and encumbrances which may affect the said rights, privileges, and license
conveyed herein, and Licensor will warrant and defend the title to said Property against the
claims of all persons and parties whomsoever.
Any notice required by this License Agreement shall be in writing and delivered by certified or
registered mail, return receipt requested to the following:
To the County: To the Town:
Orange County Town of Hillsborough
County Manager Town Manager
P.O. Box 8181 P.O. Box 429
Hillsborough, NC 27278 Hillsborough, NC 27278
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
LICENSO
By:
Barry Jaco , C
Orange Co t mmissioners
LICENSEE
By:
own f Hill orough
Approved a m and legal sufficiency:
O the County Attorney
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