HomeMy WebLinkAboutAgenda - 12-13-2022; 8-i - Approval of a License Agreement between Orange County and North State Communications Advanced Services, LLC of North Carolina 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 13, 2022
Action Agenda
Item No. 8-i
SUBJECT: Approval of a License Agreement between Orange County and North State
Communications Advanced Services, LLC of North Carolina
DEPARTMENT: Asset Management Services
ATTACHMENT(S): INFORMATION CONTACT:
1. Site Survey Travis Myren, Deputy County Manager,
2. License Agreement 919-245-2308
Steven Arndt, Asset Management
Services Director, 919-245-2658
PURPOSE: To approve a License Agreement between Orange County (Licensor) and North
State Communications Advanced Services, LLC of North Carolina (Licensee) to allow the
Licensee to install a point-of-presence ("POP") facility to house equipment necessary to operate
Licensee's fiber network on Orange County-owned property.
BACKGROUND: At the April 26, 2022 Board of County Commissioners' Business Meeting, the
Board approved a network development agreement with North State Communications Advanced
Services, LLC to deploy broadband service to unserved locations in Orange County.
North State Communications Advanced Services, LLC is now in the process of planning and
installing broadband infrastructure throughout targeted areas of the County. Earlier this year,
North State contacted the County regarding the possibility of installing a small point-of-presence
("POP") facility on County-owned property adjacent to the Orange Public Transportation
Administration Building located at 600 Highway 86 North, Hillsborough, NC. The license
agreement pertains to a 50'x50' area of land behind the Transportation Building. A survey showing
the property and the proposed site of the POP facility is provided at Attachment 1.
Upon the review and recommendation of the County Attorney's Office, a license agreement has
been developed to facilitate this request for the use of County property. A copy of the proposed
license agreement is provided at Attachment 2.
FINANCIAL IMPACT: There is no financial impact associated with this request.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ENSURE ECONOMIC SELF SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food clothing, and medical care for themselves and their
dependents.
2
Approval of this license agreement will allow North State Communications Advanced Services,
LLC to install broadband infrastructure necessary to deploy broadband service to unserved
locations in Orange County.
ENVIRONMENTAL IMPACT: There are no Orange County Environmental Responsibility Goal
impacts associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board:
1) Approve the attached License Agreement between Orange County and North State
Communications Advanced Services, LLC of North Carolina; and
2) Authorize the County Manager to sign the License Agreement on behalf of the County upon
final approval of the County Attorney's Office.
3
I I LEGEND TEP ENGINEERING,III
I e 326 TRYON ROAD
—— PROPERTY LINE RALEIGH,NC 27603.3530
PROPERTY uHE (919)661-6351
(NOT SURVEYED) a
SITE I ---R/W--- RIGHT-0E-WAY \ COA#P-1403
HAP NC 86 N LLC x CHAIN LINK FENCE
\ N 6 8 E
DB66 3 PC 2109 , EDGE OF PAVEMENT SHEET : I Of TER : 325124
---OHW--- OVERHEAD WIRE
I I \\ UTILITPOLE
O ERWITH SITE OVERVIEW
II TOWN OF I 1" \ LUTILITY IGHT
IGT POLE
HILLSBOROUCH \
„ PIN. 3865831888 I IPF D)EM ELECTRICAL METER
DB 4647 PC 72 I 1- TELCO BOX/PEDESTAL
LOT c
I PB 108 PC 55 ORANGE COUNTY IPF \ SANITARY SEWER MANHOLE
VICINITY MAP n.t.s. I PIN:3865833379
DB 887 PC 187 \ IPF IRON PIPE(FOUND)
LOT 2 A PROPERTY CORNER
11 BASIS OF THE BEARINGS AND COORGINATES IS THE NORTH I PB 76 PC 119 O (CALCULATED)
CAROLINA STATE PLANE COORDINATE SYSTEM,NORTH AMERICAN I I
DATUM(NAD 83/2011)BASED ON DIFFERENTIAL GPS OBSERVATIONS
PERFORMED ON OCTOBER 25,2022;TIED TO THE NATIONAL // PROPOSED 50'X50'
SPATIAL REFERENCE SYSTEM VIA CORE STATIONS;AND EXPRESSED I I / \LICENSEAREA
IN US SURVEY FEET,ALL DISTANCES ARE NO GRID DISTANCES.
2.AREA COMPUTED BY COORDINATE GEOMETRY I I 1
3,DEED REFERENCE:DEED BOOK 887,PAGE 187
I
4.PLAT REFERENCE:PLAT BOOK 76,PAGE 119 _—� �`IpIPF
5.PIN/98653833379 // p\ JAHES NESTER JR
I 1 / 1" PIN:3865836170
6.THIS MAP WAS PREPARED WITHOUT THE BENEFIT OF A TITLE I 1 IPF DB
62IS PC 134
REPORT.WHICH MAY REVEAL ADDITIONAL CONVEYANCES, /
EASEMENTS,RIGHTS-OF-WAY,ABANDONMENTS,OR RESTRICTIONS
NOT SHOWN AND 15 NOT AN ALTA/NSPS LAND TITLE SURVEY. I /y/ // BRENDA CROWDER
7.ALL PROPERTY OWNERSHIPS WERE TAKEN FROM CURRENT �1Y / \ PIN,3865826900
CWNTY TAX MAP RECORDS AND/OR RECORDED PLATS ONLY I ORANGE COUNTY y / f DB 2889 PC 293
8.BY GRAPHIC DETERMINATION THE SUBJECT PROPERTY LIES IN I PIN.3865833029 I
FLOOD ZONE"x",AREA DETERMINED TO BE OUTSIDE 0.2%CHANCE DB 5126 PC 541
OF ANNUAL FLOOD BASED UPON FEMA COMMUNITY PANEL/ LOT A I / / CENTRAL HIGH SCHOOL
3710986500J,EFFECTIVE FEBRUARY 02,200T PB 104 PC 194 1 / "PRELIMINARY PLAT-
I � / .� FOUNDATION INC
9.PROPERTY OWNER INFORMATION: /
ORANGE CODNTY 1 / ¢ P/N: 47 PC7550
HO BOx 8181 / DB 2547 PC 550
LLSBOROUGH,NC 27278 � I 1 / / \ RECORDATION,
// J CENTRAL HIGH SCHOOL CONVEYANCES, O R
FOUNDATION INC
DO 91 PG
SALES"
/ OB 5291 PC 555
FOR REVIEW
REV DATE ISSUED FOR INITIALS - ——— —————4 \ n y PURPOSES ONLY
0 11/10/2022 PRELIMINARY DDS
EXISTING PAVED 1 I ACCESS DRIVE co
1 N� PROJECT INFORMATION.
EXISTING GATE ISAAC TORIAN✓R
\ PIN:388682 A ORANGE COUNTY POP
TOWN OF I 11 \ DB 13 PC 2580 4
HILLSBOROUCH I __ OROUGH, NC 27278 600 NC 86
PIN:3865824182 HILLSB
DB 4647 PC 72 I 1 (�——— HILLSBOROUGH TOWNSHIP
LOT B2 1 ORANGE COUNTY
PB 108 PC 55
PROPOSED TELECOMMUNICATIONS SURVEY
\ PREPARED FOR:
THIS MAP MAY NOT BE A CERTIFIED
SURVEY AND HAS NOT BEEN REVIEWED BY PIN:38658/980 ' 1 u m a s-
NGE CO TY
A LOCAL GOVERNMENT AGENCY FOR I PROPOSED 30'
DEVELOPMENT
WITH ANYAPPLICABLE LAND WIDE ACCESS& OB 887 PC 187
DEVELOPMENT REGULATIONS AND HAS LOT C
NOT BEEN REVIEWED FOR COMPLIANCE I UTILITY EASEMENT
WITH RECORDING REQUIREMENTS FOR f PB 104 PC 194 (336)900-0428
HILLSBOROUCH
PLATS(G.S.47$0(n)) TOWN FIELD WORK PERFORMED ON: 10/25/22
PIN
� I
DB:
4647 PC 722 I 0' 200' 400'
LOT B2
PB 108 PC 55 I I SCALE: 1" = 200'
ORIGINAL MAP SIZE 11.00" X 17.00"
4
\ \ ` TEP ENGINEERING,PLLC
326 TRYON ROAD
IPF S89'54'11"E \S89.54.11^ RALEIGH,NC 27603.3530
"— a0.90
422.35' 1 � � (919)661-6351
\ COA#P-1403
IRE
\ b=
LEGEND \ \ SHEET : 201`3 1 TER : 325124
PROPERTY LINE
PROPERTY LINE TOPOGRAPHIC SURVEY
(NOT SURVEYED) 4 \
---R/W--- RIGHT-OF-WAY \ \
X CHAIN LINK FENCE \
TREE LINE "PRELIMINARY PLAT-
EDGE OF ENT
---OHW--- OVERHEAD WIRE
NOT FOR
UTILITY POLE WITH \ \m RECORDATION
TRANSFORMER
•a, U LITY POLE \ CONVEYANCES, OR
X} LIGHT POLE SALES"
D)EM ELECTRICAL METER \ \
0 TELCO BOX/PEDESTAL
O$ SANITARY SEWER MANIIL- \ \ FOR REVIEW
IRE IRON PIPE(FOUND) �& \ PURPOSES ONLY
PROPERTY CORNER
(CALCULATED) / �y�Z y'1l\
/ fc�
PROJECT INFORMATION.
iiOHW'-� PROPOSED 50'X50' //// \ \ ORANGE COUNTY POP
—���' A LEASE AREA
664 // A \�
V/ >A i // \ w 600 NC 86
off / a N,\,.,• HILLSBOROUGH,INC 27278
♦" \� BEM �� 'o HILLSBOROUGH TOWNSHIP
66�' `�_, \ / \ �'•\,n ORANGE COUNTY
\ \ \ ,�•/ S \ \ PROPOSED TELECOMMUNICATIONS SURVEY
PROPOSED 30' WIDE 11�� \ i/ \ \ PREPARED FOR:
ACCESS&UTILITY
EASEMENT
�
A -58 lumos-
(336)900-0428
FIELD WORK PERFORMED ON: 10/25/22
1
0' 50' 100'
SCALE: 1" = 50'
ORIGINAL MAP SIZE 11.00" X 17.00"
REV DATE ISSUED FOR INITIALS
\ 0 11/10/2022 PRELIMINARY DDS
ol
ol
/ / A
1 / \
5
SEE DETAIL p LEGAL DESCRIPTION OF 50'X 50'LICENSE AREA !
POINT OF COMMENCEMENT ALL THAT CERTAIN LICENSE AREA, SITUATED, LYING AND BEING IN HILLSBOROUGH TEPENGINEEMNG,PLLC
NC GRID COORDINATES I V13 TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA, BEING A PORTION OF THE LANDS ` 326TRYON ROAD
N=853,302.89' \ DESCRIBED IN DEED BOOK 887 AT PAGE 187 OF THE ORANGE COUNTY REGISTER OF RALEGH,NC 27603.3530
E=1,968,216.84' I r / \ \ DEEDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: IGH,NC 27601
NAD 83/2011 I 1
COMMENCING AT AN EXISTING IRON PIPE FOUND ON THE WESTERLY LINE OF THE COA#P-0403
1• 1 D4'37"= y \ LANDS DESCRIBED IN DEED BOOK 887,PAGE 187, HAVING NORTH CAROLINA STATE
NS 71E /,f 1 1� POINT OF BEGINNING PROPOSED� + PLANE COORDINATES OF NORTHING= 853,302.89', AND EASTING= 1,968,216.84';
——————— — IPF 312>6 ,',� a 50'X50'LICENSE AREA P 8r, THENCE, FROM THE POINT OF COMMENCEMENT, NORTH 81'04'37"EAST A DISTANCE SHEET 3 OF 3 TER 325124
1 1 NC GRID COORDINATES ¢ ` 8f2 OF 31216 FEET TO A POINT ON THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED
1 N=853,351.30' 3 50'X 50'LICENSEAREA, SAID POINT BEING THE TRUE POINT OF BEGINNING,.30"HAVING
1 = LEGAL DESCRIPTIONS
\ .. NORTH CAROLINA STATE PLANE COORDINATES OF NORTHING=BEGINNING,
NORTH AND
Sys 1 1 NAD 83,2011 ' 1" EASTING= 1,968,525.31'; THENCE, FROM THE POINT OF BEGINNING, NORTH 14'49'S0"
2y�\yjs' Y NAD 83/2011 IPF� WEST A DISTANCE OF 50.00 FEET TO A POINT; THENCE NORTH 75'10'10"EAST A
OF DISTANCE 0.00 FOF 5EETOTOOAF POINT;THENCE SOUTHTHENCE 5'10'10H WEST AO"EAST A DISTANCE
DISTANCE OF 50.00
\ "PRELIMINARY PLAT-
�Fj \ FEET TO THE POINT OF BEGINNING. NOTFOR
SAIDLICEN$EAREA CONTAINING 2,500 SQUARE FEET OR 0.057 ACRES MORE OR LESS. RECORDATION,
LEGAL DESCRIPTION OF 30'ACCESS&UTILITY CONVEYANCES, OR
EASEMENT SALES"
// > ALL THAT CERTAIN EASEMENT AREA, SITUATED, LYING AND BEING IN HILLSBOROUGH
TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA,BEING A PORTION OF THE LANDS FOR REVIEW
DESCRIBED IN DEED BOOK 887 AT PAGE 187 OF THE ORANGE COUNTY REGISTER OF
DEEDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PURPOSES ONLY
COMMENCING AT AN EXISTING IRON PIPE FOUND ON THE WESTERLY LINE OF THE
LANDS DELANE SCRIBED IN DEED BOOK 887, PAGE 187, HAVING NORTH CAROLINA STATE
yG THENCE, FRO THESPOINT OF OF CIOMMENCCEMENT,SOUTH D46 47 58G EAST 9ASDISTANCE OF
\ P SAID;POINT BEINGFEET To THE TRUINT E POINT OFN THE STERLY BEGINNNIGHT G HAVVIF WAY OF NO ING NORTH CAROLINA STATE/ PROJECT INFORMATION.
PLANE COORDINATES OF: NORTHING= 852,446.80'; AND EASTING 1,969,128.54';
THENCE, FROM THE POINT OF BEGINNING AND WITH SAID WESTERLY RIGHT OF WAY, ORANGE COUNTY POP
SOUTH 16'17'13"EAST A DISTANCE OF 30.05 FEET TO A POINT; THENCE, LEAVING
—————— 1 1 \ SAID RIGHT OF WAY, SOUTH 76'59'29" WEST A DISTANCE OF 188.01 FEET TO A POINT;
1 1 \ 1c THENCE SOUTH 86'40'30" WEST A DISTANCE OF 212.06 FEET TO A POINT; THENCE 600 HILLSBOROUGH,86 27278
\ SOUTH 87'00'28" WEST A DISTANCE OF 231.48 FEET TO A POINT; THENCE NORTH HILLSBOROUGH TOWNSHIP
\ 10'30'48"WEST A DISTANCE OF 695.87 FEET TO A POINT; THENCE NORTH 00'26'45"
WEST A DISTANCE OF 115.06 FEET TO A POINT; THENCE NORTH 70'43'38" EAST A ORANGE COUNTY
DISTANCE OF 139.23 FEET TO A POINT; THENCE NORTH 13'10'17"WEST A DISTANCE PROPOSED TELECOMMUNICATIONS SURVEY
OF 213.70 FEET TO A POINT; THENCE NORTH 76'30'46"EAST A DISTANCE OF 87.44 PREPARED FOR:
1 1 FEET TO A POINT;THENCE SOUTH 14'52'21"EAST A DISTANCE OF 14.66 FEET TO A
\ POINT; THENCE SOUTH 75°10'10" WEST A DISTANCE OF 43.50 FEET TO A POINT;
1 1 \ POINT OF BEGINNING PROPOSED\ A THENCE SOUTH 14'49'50"EAST A DISTANCE OF 14.33 FEET TO A POINT; THENCE iumoS
1 30' WIDE ACCESS&UTILITY 4 SOUTH 76'30'46"WEST A DISTANCE OF 14.81 FEET TO A POINT; THENCE SOUTH
11 1 ` NCSGRDN COORDINATES \ WEST 13'10IA DI TANCE DOFTANCE 144.72 FEET TO A OF 210.83 EPOINTET O; THENCE SOUTH 6'5"EAST
THENCE
0054UTH 3A
1 1 \N=853,351.30' \ DISTANCE OF 90.95 FEET TO A POINT; THENCE SOUTH 10'30'48"EAST A DISTANCE OF (336)900-0428
1 1 E=1,968.525.31' 666.93 FEET TO A POINT; THENCE NORTH 87°00'28"EAST A DISTANCE OF 205.10 FIELD WORK PERFORMED ON: 10/25/22
NAD 83/2011 FEET TO A POINT; THENCE NORTH 86°40'30"EAST A DISTANCE OF 209.43 FEET TO A
1 1 POINT; THENCE NORTH 76'59'39"EAST A DISTANCE OF 183.75 FEET TO THE POINT OF 0' 150' 300'
BEGINNING.
2^
I � 1 � I SAID EASEMENT AREA CONTAINING 54,147.85 SQUARE FEET OR 1.243 ACRES MORE OR SCALE: 1" = 150'
1 L2_3 _ _ _ _ - LESS. ORIGINAL MAP SIZE 11.00" X 17.00"
16
414 — LB _ L7 LINE TABLE LINE TABLE REV DATE ISSUED FOR INITIALS
15 - — '
_ 1 / LINE BEARING DISTANCE LINE BEARING DISTANCE 0 11/10/2022 PRELIMINARY DDS
L1 N14°49'50"W 50.00' L11 N70°43'38"E 139.23'
L2 N75°10'10"E 50.00' L12 N13'10'17"W 213.70'
0 J17 �11 I' L4 S75°1010'W 50.00' L14 S14°52'21"E 114.66'
1 1' 11 I I L5 Si6*17'1YE 30.05' L15 S75'10'10"W 43.50' LINE TABLE
1 1 �
L6 S76°59'39"W 188.01' L16 S14.49'50"E 14.33' LINE BEARING DISTANCE
1 1 1,4 j I I L7 S86°40'30"W 212.06' L17 S76'30'46"W 14.81 L21 S10'30'48"E 666.93'
j
L8 587'00'28"W 231.48' L18 513'10'17"E 210.83' L22 N87°00'28"E 205.10'
DETAIL SCALE: r' 30'
L9 N10°30'48"W 695.87' L19 S70'43'38"W 144.72' L23 N86°40'30"E 209.43'
=
L10 N00°26'45"W 115.06' L20 S00°26'45"E 90.95' L24 N76'59'39"E 183.75
6
Attachment 2
North Carolina
Orange County
LICENSE AGREEMENT
This EQUIPMENT PLACEMENT AND MAINTENANCE LICENSE AGREEMENT
("License Agreement"), made this the day of 2022, by and between
Orange County, a political subdivision of the State of North Carolina, 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 North State Communications Advanced Services, LLC of the State
of North Carolina, whose address is One Lumos Plaza, Waynesboro, VA 22980 (hereinafter
"Licensee").
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 3865833379, 3865833029,
3865816980 (the "Property") as set forth herein.
Licensee desires, and Licensor authorizes Licensee, its agents and contractors, to install
a point-of-presence to house equipment necessary to operate Licensee's fiber network ("POP")
on the Licensor's Property as shown on Exhibit 1, attached hereto and described as follows:
Exhibit 1 contains a metes and bounds description of the area to
be utilized. Areas of ingress and egress to the area shall be under
the sole control of the Licensor, and Licensee shall be directed as
to those areas which shall be utilized for ingress and egress, which
shall not be unreasonably denied.
Upon the 911t day following the termination of this license, any easements
shown on attachments shall be deemed terminated and extinguished.
1. Point-of-Presence ("POP")
Licensee and its agents and contractors shall be responsible for maintaining the POP as nearly
as possible in its 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 Licensee the right and privilege and license over, upon,
and through the Property to construct, install, re-construct, maintain, repair, modify, or remove the
POP and maintain the POP as nearly as possible in its current condition at the location 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 POP.
7
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 POP.
c. Licensee shall utilize the licensed area for the limited purpose of constructing and
maintaining the POP as noted herein. Ownership of the POP shall remain with the
licensee.
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 POP 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 POP
without prior written authorization from the Licensor.
g. In the event the Licensee fails to install the POP within one (1) year of the date of this
License Agreement or fails to maintain POP in its condition and location 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 thirty (30) days of receipt of written notice, such failure will
result in termination of the License Agreement immediately upon the expiration of the thirty
(30) day cure period, and Licensor or its successors, heirs, or assigns may take
possession of and remove the POP from the Property.
h. Licensee shall obtain, at its sole expense, Commercial General Liability Insurance,
Automobile Insurance, Workers' Compensation Insurance, and any additional insurance
as may be required by County's Risk Manager as such insurance requirements are
described in the Orange County Risk Transfer Policy and Orange County Minimum
Insurance Coverage Requirements (each document is hereby incorporated by reference
and may be viewed at:
http://www.orangecountync.gov/departments/purchasing division/contracts.php
Licensee shall not commence work until evidence of such insurance, with Orange County
named as an additional insured for general liability, has been received and reviewed by
the County's Risk Manager.
8
i. Licensee agrees, without limitation,to defend, indemnify, and hold harmless Licensor from
all losses, liabilities, claims, demands, suits, costs, damages, or expenses (including
reasonable attorney's fees) arising from bodily injury, including death, to any person or
persons or damage to or destruction of any property caused in whole or in part by any
negligent or intentional act or omission on the part of the Licensee or its agents or
contractors related to the installation, use, operation, or access to the POP.
j. 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 POP in the event the Licensee
so transfers, assigns, or conveys the POP.
k. Licensor, at Licensor's option, may terminate this License Agreement upon six (6) months
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 POP as
contemplated by this License Agreement for the installation of the Licensee's POP.
This License Agreement may be otherwise terminated by mutual agreement of the
Licensee and Licensor.
I. 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, and
that title is free and clear of all liens and encumbrances which may affect the said rights,
privileges, and license contained herein.
m. The term of this License Agreement shall be five (5) years. The License Agreement may
be renewed upon mutual written agreement of the parties.
n. Both parties agree this License Agreement shall be governed by the laws of the State of
North Carolina and Orange County. Licensee shall at all times remain in compliance with
all applicable local, state, and federal laws, rules and regulations including but not limited
to all state and federal anti-discrimination laws, policies, rules, and regulations and the
Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each
policy is incorporated herein by reference and may be viewed at:
http://www.orangecountync.gov/departments/purchasing division/contracts.php.).
Any violation of this requirement is a breach of this License Agreement and Licensor may
immediately terminate this Agreement without further obligation on the part of the
Licensor. This paragraph is not intended to limit and does not limit the definition of breach
to discrimination.
o. Upon the natural expiration or upon termination of this License Agreement any and all
structures and fixtures constructed or installed on the Property shall be removed within 90
days of the expiration or termination and the Property returned to substantially the same
condition as existed prior to the entry into this License Agreement. Removal shall not be
required if the Licensor and Licensee agree in writing to transfer ownership of such
structures and fixtures.
9
p. By executing this License Agreement Licensee certifies that Licensee has not been
identified, and has not utilized the services of any agent or subcontractor identified, on the
list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this License
Agreement, Licensee certifies that Licensee has not been identified, and has not utilized
the services of any agent or subcontractor identified, on the list created by the State
Treasurer pursuant to G.S. 147-86.81. By executing this License Agreement Licensee
affirms Licensee is and shall remain in compliance with Article 2 of Chapter 64 of the North
Carolina General Statutes.
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 Licensor: To the Licensee:
Orange County North State Communications Advanced Services
County Manager Attn: Chief Network Officer
P.O. Box 8181 One Lumos Plaza
Hillsborough, NC 27278 Waynesboro, VA 22980
With a copy to the attention of General Counsel
At the same address.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
LICENSOR
By:
LICENSEE
By: