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HomeMy WebLinkAbout2023-069-E-AMS-North State Communication Advanced Services-Equipment placement and maintenance license agreementNorth Carolina Orange County LICENSE AGREEMENT This EQUIPMENT PLACEMENT AND MAINTENANCE LICENSE AGREEMENT (“License Agreement”), made this the 16th day of January, 2023, 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 91st 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. DocuSign Envelope ID: A3D0FC59-070D-48DB-AC4E-405DD26F2774 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. 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 DocuSign Envelope ID: A3D0FC59-070D-48DB-AC4E-405DD26F2774 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. l. 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. 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 DocuSign Envelope ID: A3D0FC59-070D-48DB-AC4E-405DD26F2774 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: DocuSign Envelope ID: A3D0FC59-070D-48DB-AC4E-405DD26F2774 2/10/2023 2/10/2023 1 OF 3NOTESLEGENDVICINITY MAPNn.t.s.ORANGE COUNTY POP325124I, Alan H. Allbert, certify that this plat was drawn under mysupervision from an actual survey performed under mysupervision (deed description recorded in Book 887, page 187,etc.) (other); that the boundaries not surveyed are clearlyindicated as drawn from information found in Plat Book 76,page 119; that the ratio of precision as calculated is 1: 10,000;that the Global Positioning System (GPS) survey and thefollowing information was used to perform the GPS (GNSS ifdual constellations are used) survey:Class of survey: Class APositional accuracy: 0.07Type of GPS field procedure: Real-Time KinematicDates of survey: October 25, 2022Datum/Epoch: Horizontal Datum is NAD83/2011 Vertical Datum is NAVD88Published/Fixed-control use: VRSGeoid model: GEOID18Combined grid factor(s): 0.999968Units: U.S. Survey FeetThat this map meets the requirements of the standards ofpractice for land surveying in North Carolina (21 NCAC56.1600).Witness my original signature and seal this the 12th day ofJanuary, 2022.NORTH CAROLINA PLS # L-3738ALAN H. ALLBERTTHIS MAP MAY NOT BE A CERTIFIEDSURVEY AND HAS NOT BEEN REVIEWED BYA LOCAL GOVERNMENT AGENCY FORCOMPLIANCE WITH ANY APPLICABLE LANDDEVELOPMENT REGULATIONS AND HASNOT BEEN REVIEWED FOR COMPLIANCEWITH RECORDING REQUIREMENTS FORPLATS (G.S. 47-30(n))SITE OVERVIEWNC HWY 8 6         Iii .,,,,.... Iii • T:"""e'AS1s or THE BEARINGS ANO COORDINATES IS THE NORTI-1 CAROLINA STATE PLANE COORDINATE SYSTEM, NORTI-1 AMERICAN DATUM (NAO 83/2011) BASED ON DIFFERENTIAL GPS OBSERVATIONS PERrORMEO ON OCTOBER 25, 2022; TIED TO TI-IE NATIONAL SPATIAL REFERENCE SYSTEM VIA CORS STATIONS; ANO EXPRESSED IN US SURVEY FEET. ALL DISTANCES ARE NC GRID DISTANCES. 2. THIS SURVEY REPRESENTS A PRELIMINARY PLAT FOR A TELECOMMUNICATION SURVEY or LEASE AREA AND ACCESS/UTILITY EASEMENT, ANO DOES NOT REPRESENT A BOUNDARY SUR'v(Y or TI-IE PARENT PARCEL 3. AREA COMPUTED BY COOROINA TC GEOMETRY -4. DEED REFERENCE: DEED BOOK 887, PAGE 187 5. PLAT REFERENCE: PLAT BOOK 76, PAGE 119 6. PIN f 98653833379 7. THIS MAP WAS PREPARED WITHOUT THE BENEFIT or A TITLE REPORT, WHICH MAY RE\f£AL ADDITIONAL CON\f£YANC£S, EASEMENTS. RIGHTS-OF-WAY, ABANDONMENTS. OR RESTRICTIONS NOT SHOWN ANO IS NOT AN ALTA/NSPS LANO TITLE SUR\f£Y. 8. AU. PROPERTY O°M'!ERSHIPS WERE TAKEN FROM CURRENT COUNTY TAX MAP RECORDS ANO/OR RECORDED PLATS OOLY 9. BY GRAPHIC OETERMINA TIOO TI-IE SUBJECT PROPERTY LIES IN fLOOO ZONE ~X~, AREA DETERMINED TO BE OUTSIDE 0.2X: CHANCE or ANNUAL rLOOO BASED UPON fEMA COMMUNITY PANELi 3710986500J, EffECTI\IE FEBRUARY 02, 2007. 10. PROPERTY O'MIIER INFORMATION: ORANGE COUNTY PO BOX 8181 HIU.S80ROUGH, NC 27278 REV DATE 0 11/10/2022 1 11/30/2022 2 01/06/2023 ISSUED FOR PRELIMINARY FINAL REVISIONS INITIALS DDS DDS DDS I I I I \I ic9;!?'29"E \ MAP NC 86 N LLC PROPERTY LINE - - -PROPERTY LINE (NOT SURVEYED) ---R/W---RIGHT-OF-WAY -X -CHAIN LINK FENCE .r"Y'V"Y"Y"Y" TREE LINE I \ PIN: 3865832863 I '1' DB 6673 PC 2109 I 1 ~,1 ---OHW-~~~H~~;~~~ENT I tr ,,>~ UTILITY POLE WITH I ·~.\~ \ S89"54'11"E Th TRANSFORMER T•nwN nF I \ ' . 'Th UTILITY POLE I p1~~Lff:%:'is~~~8 if; I \11;F 559•54'11"E \ 40•90 ii, ~~:;T~~~~ METER I DB 4647 PC 72 ~ l~o ~ 422_35• 1• ~ '!l ITl TELCO BOX/PEDESTAL ~c -~ I PB 108 PC 55 : I~-ORANCE COUNTY IPF \u, \,-1 ® SANITARY SEWER MANHOLE I -, c, 'ZZ' 8~~65:;313:l f. \~ @ IPF IRON PIPE (FOUND) ~ Ii LOT 2 / ~ ~ PROPERTY CORNER / ,SI PB 76 PC 119 ~/ --""'""----S?2"44'15"W >!, (CALCULATED) / I -<::>1-'"'~-;::-i:c ~ -~\ 29.90' ORANCE COUNTY \ •..-15Je PIN: 3865816980 / I :\ ► ~ PROPOSED 50'X50' \ \._ DB 887 PC 187 1• ,,,;"'II -"i" I LICENSE AREA ~ LOT C ~ - - - - - - --.f) 51'2'':!,.. ,:" I -\ PB 104 PC 194 ---r , IPF -;& I -50 72 "1. . -&AS I --• » JAMES HESTER JR / (!r" I ,:;;-1 ~-PIN: 3865836170 / _W...r ~ / ;;F~ DB 6267 PC 134 , er ~ ,,, ~ BRENDA CROWDER / ORANCE COUNTY I \,r-/ / ) PIN: 3865826900 PIN: 3865833029 / / \ DB 2889 PC 293 I DB 5126 PC 541 1 ' / / I PB l~~Tpi 194 ~ (ii(/ / / ~ CENTRAL HICH SCHOOL 't / .,c;. FOUNDATION INC / \ i \ / / "' PIN: 3865827866 Ii . / / / \ DB 2547 PC 550 / l \\ \ ~ / / / ~) CENTRAL HICH SCHOOL I <r--- --(!) \ \ ,/ ,/ \ FOUNDATION INC \ / / \ PIN: 3865828732 / I I ,\,,, / / / DB 5291 PC 555 I I 1\1 "' ,,, ~ 1 I \ \ 'i f ~--------i ~.\ \ \ \ ; I EXISTING PAVED l \ \_ ----, "-ACCESS DRIVE I (\,. ----\ \ I EXISTING GATE '\ I \ ISAAC TORIAN JR \ ~ j I \ PIN: 3865827560 » TOWN OF I \i' \ DB 1353 PC 289 'i~ 0 HILLSBOROUCH PIN: 3865824182 ~ DB 4647 PC 72 I I @, - - ------~~ I ~ PB 108 PC 55 , , \ _,, .1 n ~ ----_ u;:y-; -::=:::-··:;\ \ I PROPOSED 30' PIN: 38658 I 6980 / WIDE ACCESS & / DB 887 PC I 87 I UTILITY EASEMENT LOT C I / PB 104 PC 194 d, I TOWN OF I 'f' I HILLSBOROUCH I PIN: 3865824182 / I DB 1t4: :: 72 I I PB 108 PC 55 / j I I I ~ TEP ENGINEERING, PLLC j 326 TRYON ROAD "" RALEIGH, NC 27603-3530 SHEET N: PROJECT INFORMATION: (919) 661-6351 COA#P-1403 I TEP N: 600 NC 86 HILLSBOROUGH, NC 27278 HILLSBOROUGH TOWNSHIP ORANGE COUNTY PROPOSED TELECOMMUNICATIONS SURVEY PREPARED FOR: lumos·· (336) 900-0428 FIELD WORK PERFORMED ON: 10/25/22 o· 200' 400' SCALE: 1" = 200' ORIGINAL MAP SIZE 11.00" X 17.00" EXHIBIT 1 TO LICENSE AGREEMENTDocuSign Envelope ID: A3D0FC59-070D-48DB-AC4E-405DD26F2774 2 OF 3325124TOPOGRAPHIC SURVEYORANGE COUNTY POPLEGENDI, Alan H. Allbert, certify that this plat was drawn under mysupervision from an actual survey performed under mysupervision (deed description recorded in Book 887, page 187,etc.) (other); that the boundaries not surveyed are clearlyindicated as drawn from information found in Plat Book 76,page 119; that the ratio of precision as calculated is 1: 10,000;that the Global Positioning System (GPS) survey and thefollowing information was used to perform the GPS (GNSS ifdual constellations are used) survey:Class of survey: Class APositional accuracy: 0.07Type of GPS field procedure: Real-Time KinematicDates of survey: October 25, 2022Datum/Epoch: Horizontal Datum is NAD83/2011 Vertical Datum is NAVD88Published/Fixed-control use: VRSGeoid model: GEOID18Combined grid factor(s): 0.999968Units: U.S. Survey FeetThat this map meets the requirements of the standards ofpractice for land surveying in North Carolina (21 NCAC56.1600).Witness my original signature and seal this the 12th day ofJanuary, 2022.NORTH CAROLINA PLS # L-3738ALAN H. ALLBERT        -\ ~ \ 1'' ~ IPF S89"54'11"E \~·~11·½. ca.::.:...-------------------=4;.;22;.;.3..;5.;.'.:... ________________________ 1 __ (9)\ 40.90'"""\' ---R/W----x--~----OHW--'Th 'Th ◊ []Jrn [i] ® @IPF @ PROPERTY LINE PROPERTY LINE (NOT SURVEYED) RIGHT-OF-WAY CHAIN LINK FENCE TREE LINE EDGE Of PAVEMENT OVERHEAD 'MRE UTILITY POLE YJITH TRANSFORMER UTILITY POLE LIGHT POLE ELECTRICAL METER TELCO BOX/PEDESTAL SANITARY SE'hE.R MANHOLE IRON PIPE (FOUND) PROPERTY CORNER (CALCULATED) -_,,,,. ---------------I ·. \ ',,<'. \ __ IPF \ \ \ \ ~ \ "i \ \ \ \ \ \ ~ \ \ \ o· 50' 100· SCALE: 1" -50' ORIGINAL MAP SIZE 11.00" X 17.00" ~ TEP ENGINEERING, PLLC j 326 TRYON ROAD ~ RALEIGH, NC 27603-3530 SHEET : PROJECT INFORMATION: (919) 661-6351 COA#P-1403 TEP : 600 NC 86 HILLSBOROUGH, NC 27278 HILLSBOROUGH TOWNSHIP ORANGE COUNTY PROPOSED TELECOMMUNICATIONS SURVEY PREPARED FOR: lumos· (336) 900-0428 FIELD WORK PERFORMED ON: 10 25 22 REV DATE ISSUED FOR INITIALS 0 11/10/2022 PRELIMINARY OOS 1 11/30/2022 FINAL 00S 2 01/06/2023 RE\,1SIONS 00S EXHIBIT 1 TO LICENSE AGREEMENTDocuSign Envelope ID: A3D0FC59-070D-48DB-AC4E-405DD26F2774 LINE TABLELINEBEARINGDISTANCELINE TABLELINEBEARINGDISTANCELINE TABLELINEBEARINGDISTANCELINE TABLELINEBEARINGDISTANCELINE TABLELINEBEARINGDISTANCELEGAL DESCRIPTION OF 50' X 50' LICENSE AREALEGAL DESCRIPTION OF 30' ACCESS & UTILITYEASEMENT DETAILNC HWY 8 63 OF 3325124LEGAL DESCRIPTIONSORANGE COUNTY POPI, Alan H. Allbert, certify that this plat was drawn under mysupervision from an actual survey performed under mysupervision (deed description recorded in Book 887, page 187,etc.) (other); that the boundaries not surveyed are clearlyindicated as drawn from information found in Plat Book 76,page 119; that the ratio of precision as calculated is 1: 10,000;that the Global Positioning System (GPS) survey and thefollowing information was used to perform the GPS (GNSS ifdual constellations are used) survey:Class of survey: Class APositional accuracy: 0.07Type of GPS field procedure: Real-Time KinematicDates of survey: October 25, 2022Datum/Epoch: Horizontal Datum is NAD83/2011 Vertical Datum is NAVD88Published/Fixed-control use: VRSGeoid model: GEOID18Combined grid factor(s): 0.999968Units: U.S. Survey FeetThat this map meets the requirements of the standards ofpractice for land surveying in North Carolina (21 NCAC56.1600).Witness my original signature and seal this the 12th day ofJanuary, 2022.NORTH CAROLINA PLS # L-3738ALAN H. ALLBERT        \ I I I I ALL THAT CERTAIN LEASE AREA, SITUATED, LYING ANO BEING IN HILLSBOROUGH TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA, BEING A PORTION OF THE LANDS DESCRIBED IN DEED BOOK 887 AT PAGE 187 OF THE ORANGE COUNTY REGISTER OF DEEDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON PIPE FOUND ON THE WESTERLY LINE OF THE LANDS DESCRIBED IN DEED BOOK 887, PAGE 187, HAVING NORTH CAROLINA STATE PLANE COORDINATES OF NORTHING = 853,302.89', ANO EASTING = 1,968,216.84'; THENCE, FROM THE POINT OF COMMENCEMENT, NORTH 86-07'58" EAST A DISTANCE OF 317.40 FEET TO A POINT ON THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED 50' X 50' LEASE AREA, SAID POINT BEING THE TRUE POINT OF BEGINNING, HAVING NORTH CAROLINA STATE PLANE COORDINATES OF NORTHING = 853,324.29', AND EASTING = 1,968,533.60'; THENCE, FROM THE POINT OF BEGINNING, NORTH 17'15'56" WEST A DISTANCE OF 50.00 FEET TO A POINT; THENCE NORTH 72'44'04" EAST A DISTANCE OF 50.00 FEET TO A POINT; THENCE SOUTH 17'15'56" EAST A DISTANCE OF 50.00 FEET TO A POINT; THENCE SOUTH 72"44'04" WEST A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. SAID LEASE AREA CONTAINING 2,500 SQUARE FEET OR 0.057 ACRES MORE OR LESS. ALL THAT CERTAIN EASEMENT AREA, SITUATED, LYING AND BEING IN HILLSBOROUGH TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA, BEING A PORTION OF THE LANDS DESCRIBED IN DEED BOOK 887 AT PAGE 187 Of THE ORANGE COUNTY REGISTER OF DEEDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON PIPE FOUND ON THE WESTERLY LINE OF THE LANDS DESCRIBED IN DEED BOOK 887, PAGE 187, HAVING NORTH CAROLINA STATE PLANE COORDINATES OF NORTHING = 853,302.89', AND EASTING = 1,968,216.84': THENCE, FROM THE POINT OF COMMENCEMENT, SOUTH 46'47'58" EAST A DISTANCE OF 1,250.56 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF NC HIGHWAY 86, SAID POINT BEING THE TRUE POINT OF BEGINNING HAVING NORTH CAROLINA STATE PLANE COORDINATES OF: NORTHING= 852,446.80': AND EASTING= 1,969,128.54': THENCE, FROM THE POINT OF BEGINNING ANO WITH SAID WESTERLY RIGHT OF WAY, SOUTH 16'17'13" EAST A DISTANCE OF 30.05 FEET TO A POINT; THENCE, LEAVING SAID RIGHT OF WAY, SOUTH 76'59'29" WEST A DISTANCE OF 188.01 FEET TO A POINT; THENCE SOUTH 86'40'30" WEST A DISTANCE OF 212.06 FEET TO A POINT; THENCE SOUTH 87'00'28" WEST A DISTANCE OF 231.48 FEET TO A POINT; THENCE NORTH 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 DISTANCE OF 139.23 FEET TO A POINT; THENCE NORTH 14'11'18" WEST A DISTANCE OF 213.70 FEET TO A POINT; THENCE NORTH 76'31'57" EAST A DISTANCE OF 84.93 FEET TO A POINT; THENCE SOUTH 17'15'56" EAST A DISTANCE OF 41.38 FEET TO A POINT; THENCE SOUTH 72"44'04" WEST A DISTANCE OF 30.00 FEET TO A POINT: THENCE NORTH 17"15'56" WEST A DISTANCE OF 13.31 FEET TO A POINT; THENCE SOUTH 76'31'57" WEST A DISTANCE Of 26.48 FEET TO A POINT; THENCE SOUTH 14'03'26" EAST A DISTANCE OF 210.82 FEET TO A POINT; THENCE SOUTH 70'43'38" WEST A DISTANCE OF 144.72 FEET TO A POINT; THENCE SOUTH 00'26'45" EAST A DISTANCE OF 90.95 FEET TO A POINT; THENCE SOUTH 10'30'48" EAST A DISTANCE OF 666.93 FEET TO A POINT; THENCE NORTH 87'00'28" EAST A DISTANCE OF 205.10 FEET TO A POINT; THENCE NORTH 86'40'30" EAST A DISTANCE OF 209.43 FEET TO A POINT: THENCE NORTH 76'59'39" EAST A DISTANCE OF 183.75 FEET TO THE POINT OF BEGINNING. SAID EASEMENT AREA CONTAINING 55,039.59 SQUARE FEET OR 1.264 ACRES MORE OR LESS. o· 150' 300' SCALE: 1" = 150' ORIGINAL MAP SIZE 11.00" X 17.00" L1 N17'15'56"W 50.00' L6 S76'59'39"W 188.01' L11 N70'43'38"E 139.23' L16 N17'15'56"W 13.31' L21 S10'30'48"E 666.93' 1 '=-·--_ ---· • I--L2-+-N-7-2'_4_4'-◊-4"-E-+---5-0.-◊-◊'----I f-L-7-----,f-S-8-6-.4-◊-.3-o--w--+--2-12 ___ 06-.---lf--L-12-+-N-14-.-11-·1-8-.. W---t--2-1-3.-7-◊'-+-L-1-7--+-S-76-.-31-.5-7-.-w-+---26-_-48-.---+-L-2-2---t-N-8-7-'0-0'-2-8'-'E-+--2-0-5-.1-◊-------i ~------L3 S17'15'56"E so.oo· LB S87'00'28"W 231.48' L13 N76'31'57"E 84.93' L18 S14'03'26"E 210.82' L23 N86'40'30"E 209.43' L4 S72'44'04"W so.oo· L9 N10'30'48"W 695.87' L14 S17'15'56"E 41.38' L19 S70'43'38"W 144.72' L24 N76'59'39"E 183.75' SCALE: 1 • = 40' LS S16'17'13"E 30.05' LlO N00'26'45"W 115.06' L15 S72'44'04"W 30.00' L20 S00'26'45"E 90.95' ~ TEP ENGINEERING, PLLC j 326 TRYON ROAD ~ RALEIGH, NC 27603-3530 SHEET #: PROJECT INFORMATION: (919) 661-6351 COA#P-1403 I TEP #: 600 NC 86 HILLSBOROUGH. NC 27278 HILLSBOROUGH TOWNSHIP ORANGE COUNTY PROPOSED TELECOMMUNICATIONS SURVEY PREPARED FOR: lumos· (336) 900-0428 FIELD WORK PERFORMED ON: 10/25/22 REV DATE ISSUED FOR 11NITIALS 0 11/10/2022 PRELIMINARY DDS 1 11/30/2022 FINAL DDS 2 01/06/2023 REl,1SIONS DDS EXHIBIT 1 TO LICENSE AGREEMENTDocuSign Envelope ID: A3D0FC59-070D-48DB-AC4E-405DD26F2774 DocuSign Envelope ID: A3D0FC59-070D-48DB-AC4E-405DD26F2774 2/6/2023 2/10/2023 2/10/2023 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY C 1,000,000 TB5-Z11-C1J42P-022 X CLE-006876859-04 1,000,000 10,000,000 X X 23035 10,000,000 Richmond, VA 23219 N X10/04/2022 5 10/04/2023 10/03/2023 AS2-Z11-C1J42P-012 A 2,000,000 1,000,000 42404 Liberty Mutual Fire Insurance Company 1,000,000 X X 11/28/2022 10/04/2022 Orange County, its departments, agents, employees or assigns is/are included as additional insured (except workers’ compensation) where required by written contract. Waiver of subrogation is applicable where required by written contract. X P.O. Box 8181 Hillsborough, NC 27278 Orange County, North Carolina A Liberty Insurance Corporation CN134139455-GHC-Cas-22-23 15,000 10/04/2023 1,000,000 TH7-Z11-C1J42P-052 2,000,000 33600 1,000,000 1,000,000 X WC5-Z11-C1J42P-032 Gateway Plaza Marsh USA Inc. X 800 East Canal St. Suite 900 Services, LLC North State Communications Advanced High Point, NC 27265 4100 Mendenhall Oaks Parkway, Suite 300 X 10/04/2022 Travis Myren 10/04/2022 B 10/04/2023 LM Insurance Corporation DocuSign Envelope ID: A3D0FC59-070D-48DB-AC4E-405DD26F2774