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HomeMy WebLinkAboutOTHER-2022-069 Equipment placement and maintenance license agreement DocuSign Envelope ID:A3DOFC59-070D-48DB-AC4E-405DD26F2774 DS North 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 915t 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:A3DOFC59-070D-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.orangecountVnc.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:A3DOFC59-070D-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. 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. 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:A3DOFC59-070D-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 DocuSigned by: f jbin,but, (�a�w�t,V'S�t,� By: 2/10/2023 LICENSEE By: IDocuSigned by: Vauud ��1I 2/10/2023 DocuSign Envelope ID:A3DOFC59-07OD-48DB-AC4E-405DD26F2774 EXHIBIT I TO LICENSE AGREEMENT DocuSign Envelope ID:3AF021AO-DF91-4C40-8E9D-8AB50EDB8EFO LEGEND TEP ENGINEERING,III 326 TRYON ROAD o S89.49'29"E PROPERTr LINE RALEIGH,NC 27603-3530 65.36' ——— PROPERTY LINE (919)661.6351 SITES I C�" ---R/W--- RIGHT-OF-WAY *Apr COA#P-1403 1 0 ( (NOT SURVEYED)MAP NC 86 N LLC x CHAIN LINK FENCE SHEET : I OF 3 TEP : 3251 24 \�I P/N. 3865832863 �vw-w� TREE LINE £+o I I �`� DB 6673 PC 2109 EDGE OF PAVEMENT SITE OVERVIEW \p --OHW--- OVERHEAD WIRE I,Alan H.Albert,certify that this plat was drawn under my UTILITY POLE WITH supervision from an actual survey performed under my TRANSFORMER supervision(deed description recorded in Book 887,page 187, TOWN OF I 40,90' `O+ UTILITY POLE etc.)(other);that the boundaries not surveyed are clearly HILLSBOROUGH 1" 1 LIGHT POLE indicated as drown from information found in Plat Book 76, PIN. 3865831888 <n IPF 889'S4'11"E \ �EM ELECTRICAL METER page 11 9;that the ratio of precision as calculated is 1:10,000; ` DB 4647 PC 72 Z N TELCO BOX/PEDESTAL that the Global Positioning System(GPS)survey and the o 422.35' 1" following information was used to perform the GPS(GNSS if LOT C rn N ORANGE COUNTY IPF \+ $O SANITARY SEWER MANHOLE dual Constellations are used)survey: ( PB 108 PC 55 S\I VICINITY MAP n.t.s. I- PIN:3865833379 Class of survey:Class plan OB 887 PC 187 ���� IPF IRON PIPE(FOUND) Positional accuracy:0.07 1�ensls OF THE BEARINGS AND COORDINATES IS THE NORTH � f LOT 2 A r^ PROPERTY CORNER Type of GPS field procedure:Real-Time Kinematic CAROLINA STATE PLANE COORDINATE SYSTEM,NORTH AMERICAN PB 76 P6 119 O (CALCULATED) Dates of survey:October 25,2022 DATUM(NAD 83/2011)BASED ON DIFFERENTIAL GPS OBSERVATIONS ( v I 872'44'15"W Datum/Epoch:Horizontal Datum is NAD83/2011 PERFORMED ON OCTOBER 25,2022;TIED TO THE NATIONAL . Vertical Datum is NAVD88 SPATIAL REFERENCE SYSTEM VIA CORS STATIONS;AND EXPRESSED ( I \ \ 29.90' ORANGE COUNTY IN US SURVEY FEET.ALL DISTANCES ARE NO GRID DISTANCES. PIN:3865816980 Published/Fixed-control use:VRS 2.THIS SURVEY REPRESENTS A PRELIMINARY PLAT FOR A 1 PROPOSED 50'X50'\ DB 887 PC 187 Geoid model:GEOID18 TELECOMMUNICATION SURVEY OFLICENSEAREA AND ACCESS/UTILITY ( I /1 Combined grid factor(s):0.999968 EASEMENT,AND PARCELS NOT REPRESENT A BOUNDARY SURVEY OF ter,IPF 512�9 W 1 1 LICENSE AREA LOT C Units:U.S.SurveyFeet THE J A i / PB 104 PC 194 That this map meets the requirements of the standards of 3.AREA COMPUTED ev cooaownrE GEOMETRY 50.72 i gA73 36 1 \ / p\ JAMES NESTER JR practice for land surveying in North Carolina(21 NCAC 1 1" PIN:3865836170 56.1600). 4.DEED REFERENCE:DEED BOOK 887,PACE 187 1 IPF OB 6267 PC 134 Witness my original signature and seal this the 12th day of 5.PLAT REFERENCE:PLAT BOOK 76,PAGE 119 I \ January,2022. 7.TIN HIS#MAP6 WAS PREPARED WITHOUT THE BENEFIT OF A TTLE I 1 / ' // \ PINBRE•38 5826900 XXXX-'-\N tC'ARo���. REPORT,WHICH MAY REVEAL ADDTIONAL CONVEYANCES, ORANGE COUNTY y J EASEMENTS,RIGHTS-OF-WAY,ABANDONMENTS,OR RESTRICTIONS PIN: 3865833029 I / \ DB 2889 PC 293 �X Q '-F9-s%--• v NOT SHOWN AND IS NOT AN ALTA/NBPB LAND TITLE SURVEY. I DB 5126 PC 541 I / / 2,;�0 8.ALL PROPERTY OWNERSHIPS WERE TAKEN FROM CURRENT LOT A 1 / CENTRAL HIGH SCHOOL 'Q - CWNTY TAX MAP RECORDS AND/OR RECORDED PLATS ONLY PB !04 PC 194 1 / = SEAL — I FOUNDATION INC 9.BY GRAPHIC DETERMINATION THE SUBJECT PROPERTY LIES IN 1 / / £ PIN. 3865827866 = L-3738 _- FLooD ZONE•x AREA DETERMINED To BE ourslDE oz9 cnaucE / / \ DB 2547 PC 550 - ^9 y0. OF ANNUAL FLOOD BASED UPON FEMA COMMUNITY PANEL# `G- 3710986500J,EFFECTIVE FEBRUARY 02,2007. I 1 `ry(-/ // 1 ;9•y0 S v•-•. 10.PROPERTY OWNER INFORMATION: I 1 `� / / CENTRAL HIGH SCHOOL ( '• UR XX POR AGE OA COUNTY I Y' / / \\ FOUNDA INCTION + ,�' H'AL�-B�XX`X HILLSBOBOX ROUGH.NO 27278 I I 1 DB 5291 PC 555 I 1 \ p I�0 Doo„AS�ieoea 1,:: REV DATE ISSUED FOR INITIALS - — — — ——— ——4 A � n y �V1"R. 'T B672ADO3BB6F48C- 0 11/10/2022 PRELIMINARY DDS I 1 \ \ f 1 11/30/2022 FINAL DDS EXCESS DRIVE ISTING PAVED AC 1 \ _ \—————\ coALAN H.ALLBERT 2 01/06/2023 REVISIONS DDS 1 \ ✓� NORTH CAROLINA PLS#L-3738 EXISTING GATE ISAAC TORIAN✓R \ PROJECT INFORMATION: PIN.3865827560 A TOWN OF I , \\ DB 1353 PC 289 f ORANGE COUNTY POP HILLSBOROUGH PIN:3865824182 __ 600 NC 86 DB 4647 PC 72 HILLSBOROUGH, NC 27278 LOT B2 HILLSBOROUGH TOWNSHIP PB 108 PC 55 I 1 ORANGE COUNTY - - - PROPOSED TELECOMMUNICATIONS SURVEY __ PREPARED FOR: THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY ORANGE COUNTY / A LOCAL GOVERNMENT AGENCY FOR I PROPOSED 30' ' PIN:3865816980 / COMPLIANCE APPLICABLE LAND WIDE ACCESS& DB 887 PC 187 �u�10Sm DEVELOPMENT REGULATIONS AND HAS LOT C NOT BEEN REVIEWED FOR COMPLIANCE I UTILITY EASEMENT WITH RECORDING REQUIREMENTS FOR f TOWN OF PB 104 PC 194 (336)900-0428 PLATS(G.S.47$0(n)) IN.-38 HILLSBOROUGH I FIELD WORK PERFORMED ON: 10 25 22 LID 46475 PC 722 I 0' 200' 400' LOT B2 PB 108 PC 55 I I SCALE: 1' = 200' ORIGINAL MAP SIZE 11.00" X 17.00" DocuSign Envelope ID:A3DOFC59-07OD-48DB-AC4E-405DD26F2774 EXHIBIT I TO LICENSE AGREEMENT DocuSign Envelope ID:3AF021AO-DF91-4C40-8E9D-8AB50EDB8EFO \ TEP ENGINEERING,PLLC A 326 TRYON ROAD r ¢ RALEIGH,NC 27603-3530 IPF 589'54'11"E \sa9•sa'n^ (919)661-6351 422.35' 1"J\ a0.90' COA#P-1403 IPF \ SHEET 2 OF3 TEP 325124 LEGEND \ It TOPOGRAPHIC SURVEY PROPERTY LINE a •- I,Alan H.Allbert,certify that this plat was drawn under my ——— PROPERTY LINE 4 supervision from an actual survey performed under my (NOT SURVEYED) supervision(deed description recorded in Book 887,page 187, ---R/W--- RIGHT-OF-WAY \ etc.)(other);that the boundaries not surveyed are clearly X CHAIN LINK FENCE \ indicated as drawn from information found in Plat Book 76, TREE LINE \ \a: page 119;that the ratio of precision as calculated is 1:10,000; EDGE OF PAVEMENT \ W that the Global Positioning System(GPS)survey and the ---OHW--- OVERHEAD W1RE \ �\j following information was used to perform the GPS(GNSS if UTILITY POLE WITH \ \� dual constellations survey:Class used)survey: TRANSFORMER CIaSs of Survey:Class A p Positional accuracy:0.07 `O UTILITY POLE Type of GPS field procedure:Real-Time Kinematic l} LIGHT POLE Dates of survey:October 25,2022 U)EM ELECTRICAL METER \ \ Datum/Epoch:Horizontal Datum is NAD83/2011 7ELC0 BOX/PEDESTAL \ ` Vertical Datum is NAVD88 O$ / Published/Fixed-control use:VRS SANITARY SEWER MANH,L_ \ ` Geoid model:GEOID78 IPF IRON PIPE(FOUND) /O�� \ Combined grid factor(s):0.999968 i g0 Units:U.S.Survey Feet PROPERTY CORNER / 'L9 \ /• That this map meets the requirements of the standards of (CALCULATED) 4419 practice for land surveying in North Carolina(21 NCAC 56,1600). Witness my original signature and seal this the 12th day of January,2022. CA& T% 1��"`� PROPOSED 50'X50' �oHw LICENSE AREA / \ N �\ QE Is SEAL L-3738 Q:` PROPOSED 30' WIDE 1 \ 1 A /// \ 9� SU...... �. ESS&UTILITY EASEMENT /Y \ \ \` .IAI`- AC Cgv� i p,0.4�8 Docuagned by: 29g3 -5i,QN(-. aU,15f°fi e—oaesaFaec NORTH N H.An PUS BERT3e R / °•� PRoOT INFORMATION RANGE COUNTY POP / \ 600 NC 86 \ \ ----665' HILLSBOROUGH,NC 27278 HILLSBOROUGH TOWNSHIP ORANGE COUNTY - --664- ` // 1- \ 4'bj 3 PROPOSED TELECOMMUNICATIONS SURVEY 0 PREPARED FOR: 662 A A lumos- // \ (336)900-0428 FIELD WORK PERFORMED ON: 10 2s 22 F DATE ISSUED FOR INITIALS 0' 50' 100' 11/10/2022 PRELIMINARY DES ' SCALE: 1" = 50' 11/30/2022 FNADDSORIGINAL MAP SIZE 11.00" X 17.00" 01/06/2023 REVISIONS DDS DocuSign Envelope ID:A3DOFC59-07OD-48DB-AC4E-405DD26F2774 EXHIBIT I TO LICENSE AGREEMENT DocuSign Envelope ID:3AF021AO-DF91-4C40-8E9D-8AB50EDB8EFO ' 'LEGAL DESCRIPTION OF 50 X 50 LICENSE AREA SEE DETAIL ; TEP ENGINEERING,PLLC POINT OF COMMENCEMENT ALL THAT CERTAIN LICENSE AREA,SITUATED, LYING AND BEING IN HILLSBOROUGH NC GRID COORDINATES I / TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA,BEING A PORTION OF THE LANDS 326TRYONROAD N=853,302.89' L13 // \ DESCRIBED IN DEED BOOK 887 AT PAGE 187 OF THE ORANGE COUNTY REGISTER OF RALEGH,NC 27603-3530 E=1,968,216.84' I C 1. /// \\ \ DEEDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLowS: (919)661-6351 NAD 83/2011 I \ /^\/ COMMENCING AT AN EXISTING IRON PIPE FOUND ON THE WESTERLY LINE OF THE LANDS towCOA#P-1403 \ DESCRIBED IN DEED BOOK 887, PAGE 187,HAVING NORTH CAROLINA STATE PLANE IPF N86'0T58"E',y COORDINATES OF NORTHING= 853,302.89', AND BASTING= 1,968,216.84'; THENCE, SHEET 3 OF 3 TEP 3251 24 POINT OF BEGINNING PROPOSED��_"'""" ��` F FROM THE POINT OF COMMENCEMENT, NORTH 86'07'58"EAST A DISTANCE OF 317.40 317,4a-ME) N \ 50'X50' LICENSE AREA b FEET TO A POINT ON THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED 50'X 50' LEGAL DESCRIPTIONS / 1 NC GRID COORDINATES� £ Eq LICENSEAREA, SAID POINT BEING THE TRUE POINT OF BEGINNING, HAVING NORTH/ ` V3 CAROLINA STATE PLANE COORDINATES OF NORTHING=853,324.29',AND FASTING supervision from from Alan H. ,certify that this plat was drawn under my 1 \� N=853,324.29' \ � = s an actual survey performed under my E=1,968,533.60' IP 1,968,533.60'; THENCE,FROM THE POINT OF BEGINNING,NORTH 17'15'56"WEST A supervision(deed description recorded in Book 887,page 187, 2y�\yj, NAD 83/2011 IPF DISTANCE OF 50.00 FEET TO A POINT; THENCE NORTH 72'44'04"EAST A DISTANCE OF etc.)(other);that the boundaries not surveyed are clearly 50.00 FEET TO A POINT; THENCE SOUTH 17'15'56"EAST A DISTANCE OF 50.00 FEET indicated as drawn from information found in Plat Book 76, TO A POINT; THENCE SOUTH 72.44'04"WEST A DISTANCE OF 50.00 FEET TO THE page 119;that the ratio of precision as calculated is 1:10,000; POINT OF BEGINNING. that the Global Positioning System(GPS)survey and the Y / \ following information was used to perform the GPS(GNSS if I�t- V19 // A SAIDLICENSEAREA CONTAINING 2,500 SQUARE FEET OR 0.057 ACRES MORE OR LESS. dual constellations are used)survey: Class of survey:Class A I� / LEGAL DESCRIPTION OF 30'ACCESS&UTILITY Positional accuracy:0.07 \ / \ - Type of GPS field procedure:Real-Time Kinematic EASEMENT Dates of survey:October 25,2022 Datum/Epoch:Horizontal Datum is NAD83/2011 ALL THAT CERTAIN EASEMENT AREA, SITUATED, LYING AND BEING IN HILLSBOROUGH Vertical Datum is NAVD88 TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA, BEING A PORTION OF THE LANDS Published/Fixed-control use:VRS \ DESCRIBED IN DEED BOOK 887 AT PAGE 187 OF THE ORANGE COUNTY REGISTER OF Geoid model:GEOID18 DEEDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Combined grid facto 0.999968 / A Units:U.S.Survey Feet 1 1 / COMMENCING AT AN EXISTING IRON PIPE FOUND ON THE WESTERLY LINE OF THE LANDS / f That this map meets the requirements of the standards of DESCRIBED IN DEED BOOK 887,PAGE 187, HAVING NORTH CAROLINA,2 STATE PLANE practice for land surveying in North Carolina(21 NCAC \ / / FROM COORDINATES POINT OF COMMENCEMENT,SOUTH 46.47'58"EAST A DISTANCE OF 1,250.56 16.84'; THENCE, 56.1600). FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF NC HIGHWAY 86,SAID POINT Witness my original signature and seal this the 12th day of 1 \ / // \ ALL BEING THE TRUE POINT OF BEGINNING HAVING NORTH CAROLINA STATE PLANE January,2022. / COORDINATES OF: NORTHING= 852,446.80'; AND FASTING= 1,969,128.54'; THENCE, 1\1111111 yyy FROM THE POINT OF BEGINNING AND WITH SAID WESTERLY RIGHT OF WAY,SOUTH \.XH CA& (P 16°17'13"EAST A DISTANCE OF 30.05 FEET TO A POINT; THENCE,LEAVING SAID RIGHT S •. \ \ \ OF WAY,SOUTH 76'59'29"WEST A DISTANCE OF 188.01 FEET TO A POINT; THENCE ��0�'FES$/O•'�2/� SOUTH 86'40'30"WEST A DISTANCE OF 212.06 FEET TO A POINT; THENCE SOUTH =:'Q-O 1'9•'.y \ 1 \ \ 87'00'28"WEST A DISTANCE OF 231.48 FEET TO A POINT; THENCE NORTH 10'30'48" 1 \r \ WEST A DISTANCE OF 695.87 FEET TO A POINT; THENCE NORTH 00'26'45"WEST A - SEAL N \ \ \ DISTANCE OF 115.06 FEET TO A POINT; THENCE NORTH 70'43'3B"EAST A DISTANCE OF L-373$ �\ \� 139.23 FEET TO A POINT; ••92 �lO¢,• THENCE NORTH 14' J{ZV" 11'18"WEST A DISTANCE OF 213.70 FEET TO A POINT; THENCE NORTH .9• �s( "•'•.� \ 76'31'57"EAST A DISTANCE OF 84.93 FEET TO A POINT;THENCE SOUTH 17°15'56"EAST /i�.Q ' 1 \ \ \ A DISTANCE OF 41.38 FEET TO A POINT; THENCE SOUTH 72'44'04"WEST A DISTANCE OF / /i�H•ALL 1 1 \ POINT OF BEGINNING PROPOSED\ A 30.00 FEET TO A POINT; THENCE NORTH 17'15'56"WEST A DISTANCE OF 13.31 FEET TO ylllllll\\1` 30' WIDE ACCESS&UTILITY f A POINT; THENCE SOUTH 76'31'57"WEST A DISTANCE OF 26.48 FEET TO A POINT; 1 1 ` EASEMENT THENCE SOUTH 14'03'26"EAST A DISTANCE OF 210.82 FEET TO A POINT; THENCE SOUTH 000u sign"by: 1\ \\ NC GRID COORDINATES \ 38"WEST A DISTANCE 1 FEET TO A POINT; THENCE SOUTH QO'26'45° \ EAST I N=853,351.30' EAST A DISTANCE OF 90.95 FEE TO TO A POINT; THENCE SOUTH 10'30'48"EAST A IIN/I` ALIC`'ll` E=1,968,525.31' \ DISTANCE OF 666.93 FEET TO A POINT; THENCE NORTH 87'00'28"EAST A DISTANCE OF E572ADo3BEBF4BC... 1 1 NAD 83/2011 205.10 FEET TO A POINT; THENCE NORTH 86'40'30"EAST A DISTANCE OF 209.43 FEET 1 \ 0O A POINT; THENCE NORTH 76'59'39"EAST A DISTANCE OF 183.75 FEET TO THE POINT ALAN H.ALLBERT ----- SAID EASEMENT AREA CONTAINING 55,039.59 SQUARE FEET OR 1.264 ACRES MORE OR NORTH CAROLINA PI -3738 1 1 E23 LESS. PROJECT INFORMATION: _ _ ORANGE COUNTY POP � L7 - - 600 NC 86 \> 0' 150' 300' HILLSBOROUGH,NC 27278 HILLSBOROUGH TOWNSHIP \ SCALE: 1" = 150' ORANGE COUNTY L17 I ORIGINAL MAP SIZE 11.00" X 17.00" PROPOSED TELECOMMUNICATIONS SURVEY PREPARED FOR: \/ LINE TABLE LINE TABLE LINE TABLE LINE TABLE LINE TABLE w - J40' LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE lumos ITT N1T15'56"W 50.00' L6 S765939"W 18801' Lit N70'4338"E 139.23' L16 NiT15'56"W 13.31' L21 S10°30'48"E 666.93' (336)900-0428 FIELD WORK PERFORMED ON: 10 25 22 L2 N72°44'04"E 50.00' L7 S86°40'30"W 212.06' L12 N14'11'18"W 213.70' L17 S76'31'57"W 26.48' L22 N87°00'28"E 205.10'S17°15'56"E 50.00' L8 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' REV DATE ISSUED FOR INITIALS 10/2022 PRELIMINARY DDS L4 S72°44'04"W 50.00' L9 N10°30'48"W 695.87' L14 S1715'56"E 41.38' L19 S70°43'38"W 144.72' L24 N76°59'39"E 183.75'DETAIL SCALE: 1" i 11/30/2022 FINAL DDS L5 I S16'17'13"E 1 30.05' 1 1 L10 N00'26'45"W 115.06' 1 L15 I S72'44'04"W 30.00' L20 SDO'26'45"E 90.95, 2 01/06/2023 REVISIONS DDS DocuSign Envelope ID:A3DOFC59-07OD-48DB-AC4E-405DD26F2774 ORANGE COUNTY-DEPARTMENT USE ONLY Party/Vendor Name: North State Communications Advanced Services, LLC Party/Vendor Contact Person: Andrew Stevenson Contact Phone: 336-821-8801 Party/Vendor Address: One Lumos Plaza City Waynesboro State: VA Zip: 22980 Department: AMS Amount: _ Purpose: Equipment Placement and Maintenance License Agreement Budget Code(s):_ Vendor#67739 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑No ❑ Contract Type: (Check one)New ❑ Renewal ❑ Amendment ❑ Effective Date Approved by Board Yes❑No❑ Agenda Date: ---For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes❑No❑ This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated[.®%jai qby-tion of the agreement: Department Director's Signaturelwt 9MA Date: 2/6/2023 Agreements for emergency services or repair are noissubject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardwarelsofm,are purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: Office of the Risk Management Officer Date: Financial Services This instrument has been pre-audited in the manner required by the Local Govermnent Budget and Fiscal Control Act: DocuSigned by: ,��,�,�/�,� 2/10/2023 Office of the Chief Financial Office , O Date: 1ACC1409... Legal Services This agreement is approved as t ^a143iva a%l sufficiency: Office of the County Attorney �bst fL hmv, Date: 2/10/2023 D Cleric to the Board Received for record retention: All Docusign contracts must be copied to the Cleric upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 06/21 9 DocuSign Envelope ID:A3DOFC59-07OD-48DB-AC4E-405DD26F2774 A�" CERTIFICATE OF LIABILITY INSURANCE DATE 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. 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). PRODUCER CONTACT Marsh USA Inc. NAME: PHONE FAX Gateway Plaza A/C No Ext: A/C No), 800 East Canal St.Suite 900 E-MAIL Richmond,VA 23219 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN134139455-GHC-Cas-22-23 INSURERA:LM Insurance Corporation 33600 INSURED North State Communications Advanced INSURER B:Liberty Mutual Fire Insurance Company 23035 Services,LLC INSURER C:Liberty Insurance Corporation 42404 4100 Mendenhall Oaks Parkway,Suite 300 INSURER D: High Point,NC 27265 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-006876859-04 REVISION NUMBER: 5 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DDIYYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY TB5-Z11-C1J42P-022 10/04/2022 10/04/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE TO TED CLAIMS-MADE � OCCUR PREMISES (a occurrence) ctcur ence) $ 1,000,000 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑ PRO- POLICY [K LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY AS2-Z1 1-C1 J42P-01 2 10/04/2022 10/04/2023 COEaMBINED accidentS INGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ X OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR TH7-Z11-C1J42P-052 10/04/2022 10/03/2023 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WC5-Z1 1-C1 J42P-032 10/04/2022 10/04/2023 X PER oTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) 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. CERTIFICATE HOLDER CANCELLATION Orange County,North Carolina SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Travis Myren THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O.Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE Vor 2L.Srg 49,cc. ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD