HomeMy WebLinkAbout2018-627-E AMS - Finn Hunter ROW agreementRIGHT OF ENTRY AND TESTING AGREEMENT
This Right of Entry and Testing Agreement (Agreement) is made as of the 31st day of January,
2018, between Orange County, a political subdivision of the State of North Carolina (Entrant),
and Finn & Hunter Properties, LLC, a North Carolina Limited Liability Company (Owner),
concerning the thirteen (13) parcels of real property owned or leased by Owner lying in Chapel
Hill Township, Orange County, and situated in the Morris Grove Heights Subdivision having
PINs 9860-86-9817, 9860-86-9731, 9860-86-9622, 9860-86-5327, 9860-86-3374, 9860-86-
4404, 9860-86-3200, 9860-86-2171, 9860-86-2032, 9860-85-2900, 9860-85-1759, 9860-85-
4801, and 9860-85-7801(Property).
In consideration of the mutual covenants and agreements contained herein, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Owner grants to Entrant, its contractors, agents, employees, subcontractors, and assigns a
Right of Entry and license to enter upon the Property solely to conduct and perform inspections,
tests, surveys, samplings, including, but not limited to, utility, environmental, geotechnical,
cultural, archeological, and traffic studies, and/or to perform such other investigative activities as
may necessary (the Permitted Activities). Entrant's entry rights are specifically limited to the
Permitted Activities on the Property and shall not include any other activities on the Property or
any other property or areas surrounding the Property. Entrant shall be responsible for any and
all costs related to entry and the Permitted Activities under this Agreement, including, without
limitation, any temporary installation, operation, maintenance, and removal of equipment on the
Property. To the extent practical Entrant shall provide Owner reasonable notice of entry or
activity on the Property; however, Owner shall not be required to be present during, or to make
on-site inspections of, or to check the quality or progress of, the Permitted Activities. Owner
shall not be responsible for the means, methods, techniques, sequences or procedures, or for
any safety precautions and programs in connection with the Permitted Activities, and the
potential presence of the Owner during the Permitted Activities shall not re-allocate or confer
upon Owner any risk, responsibility, or liability associated with the Permitted Activities, which
risk, responsibility and liability remain solely with the Entrant.
2. Entrant agrees to comply with all local, state, and federal laws, rules, and ordinances
applicable to the Permitted Activities. Entrant further agrees to exercise due care in the entry
and the performance of all Permitted Activities on the Property, and not to interfere with or
interrupt Owner or any other party's activities or operations on the Property.
3. Entrant shall release Owner from any and all claims, actions, damages, liability and expense
whatsoever, including without limitation Attorneys' fees and costs, in connection with personal
injury to Entrant’s employees, agents, assigns or contractors, including death, or property
damage arising out of the acts or omissions of Entrant, its employees, agents, or contractors,
upon any portion of the Property. Entrant shall maintain, and shall have its agents, assigns, and
contractors maintain, adequate insurance coverage for the carrying out of the Permitted
Activities.
4. The term of this Agreement shall be from the execution date and continue for sixty (60) days;
provided, however, that Owner may immediately terminate this Agreement in the event Entrant
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breaches any term of this Agreement.Either party may terminate this Agreement at any time for
any reason upon advance written notice to the other party.
5. Upon the earlier of Owner's request or the expiration or termination of this Agreement Entrant
will immediately remove any and all of its equipment from the Property and restore the Property
to its condition existing immediately prior to entry, reasonable wear and tear excepted.
6. Entrant acknowledges Owner has made and makes no promises, pledges, guarantees,
assurances, or commitments, written, verbal or otherwise, that, should the Permitted Activities
yield neutral, favorable, or unfavorable results for Entrant, Owner will grant Entrant any further
license, lease, easement, right of way, or right to enter the Property for any purpose.
7. Entrant acknowledges that any grant by Owner of any easement, license, or access for any
other purpose must be accomplished by and through a separate written instrument and that
Owner shall in no way be bound or obligated to make such grant of easement, license, or
access and Owner may or may not do so solely at Owner’s discretion.
8. This Agreement constitutes the entire understanding between the parties with respect to the
activities contemplated by this Agreement. All prior agreements or understandings, whether oral
or written, are superseded. This Agreement is governed by the laws of the State of North
Carolina, may be executed electronically, and may be amended only by a written document duly
executed by the parties
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as of the
date first above written.
Owner
Finn & Hunter Properties, LLC
By: __________________________
Printed Name:
Title: Manager
Entrant
Orange County
By:__________________________
Printed Name: Bonnie Hammersley
Title: County Manager
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