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HomeMy WebLinkAbout2026-193-E-AMS-Casa-Temporary Access AgreementNORTH CAROLINA ORANGE COUNTY THIS TEMPORARY RIGHT OF ACCESS (this “Right”), is made as of this _4th____ day of___May__, 2026, by __Orange County ________________ (“Grantor” or "County") to and for the benefit of _CASA________________ (“Grantee”); RECITALS: A. Grantor is the owner and holder of that property having PIN _9858930764 & 9858837549_located in Orange County, North Carolina, as more particularly described herein as (the "Property"). B. Grantor is desirous of granting to Grantee a right of access in, over, under and through the Property for the purposes of __soil testing____________________. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which being hereby acknowledged, Grantor does hereby grant and convey unto Grantee, its successors and assigns, a right, privilege and right of access described generally hereinbelow, over, across and through the Property, as follows: 1. Creation of Temporary Construction Right of Access. Grantor hereby grants, conveys, creates and establishes, as a burden and encumbrance on the Property, a right, privilege and temporary license until the expiration as set forth below, in, under, over, across and through the Property for the purposes reasonably necessary and incidental to the __soil testing along with the right, privilege and temporary license to enter onto the Property and to __soil test____________ (the “Permitted Activities”). Grantee shall conduct activities within the Property in a good and workmanlike manner and in accordance with the requirements set forth in Section 4 hereof. In addition, Grantee shall keep the Property in a reasonably clean and orderly fashion and shall promptly remove any materials introduced by Grantee from the Property upon completion of the soil testing_________. AND Grantor covenants that Grantor is seized of the Property, has the right to convey the temporary right set forth herein, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever. TO HAVE AND TO HOLD such rights, privileges, licenses and easements until the expiration of the same, subject to and in accordance with the covenants, terms and conditions and restrictions hereinafter set forth. 2. Expiration of Right. This Right shall be temporary and the rights and privileges shall automatically terminate on or before September 30th, 2026_____________. 3. No Obstructions. The Grantor shall be responsible for defending this Right and ensuring that it shall not block or obstruct access to the Property during the term of this Right, nor will it interfere with the use of the same by Grantee for its intended purposes during the term of this Right. Docusign Envelope ID: D1F0930A-38BC-8048-800B-77C2F2C311BB 4. Restoration; Reimbursement. Following completion of the Permitted Activities, to the extent practical, Grantee shall restore the Access Area to substantially the same condition as existed immediately preceding such Permitted Activities in accordance with generally accepted landscaping practices. Grantee shall initially be responsible for the actual costs and expenses incurred by Grantee in connection with the Permitted Activities. 5. Force Majeure Extension. Notwithstanding the expiration date set forth herein, the Grantor and the Grantee shall have the right and option to extend the term of this easement for a reasonable period of time as a result of any prevention, delay or stoppage due to strikes, lockouts, labor disputes, weather delays, acts of God, acts of war, terrorism, terrorist activities, delays or inability to obtain services, labor, or materials or reasonable substitutes therefore, governmental actions, governmental permitting, court orders, civil commotions, fire, flood, earthquake or other casualty, and other causes beyond the reasonable control of Grantee (collectively, a “force majeure”). 6. Indemnification. Grantor hereby agrees to indemnify, defend, and hold harmless the Grantee from and against and all claims, demands, liabilities and acts arising out of the use and enjoyment of this Right of Access caused by Grantor, and its invitees, contractors, employees and agents. 7. Insurance. Prior to entry onto the Property, Grantee will obtain and shall maintain or cause to be maintained in full force and effect its typical commercial insurance. 8. Release. In exchange for the valuable consideration of _one dollar_the Grantor shall release, indemnify, hold harmless, and upon Grantee's request, defend Grantee, its employees, agents, assigns or contractors, from any and all claims, actions, damages, liability and expense whatsoever, including without limitation Attorneys' fees and costs, in connection with the collection, disturbance, or transportation of _soil samples_ collected, disturbed, or transported on or from the Property as a result of the Permitted Activities upon any portion of the Property. The provisions of this Paragraph shall survive the expiration or termination of this Agreement. 9. Binding Effect. All provisions of this Right shall inure to the benefit of and be binding upon the heirs, assigns, successors and personal representatives of the parties hereto. The rights and licenses and the covenants, agreements, rights, benefits and obligations set forth in this Right shall endure for the duration of this Right and any extension thereof as provided herein, and be binding upon, and inure to the benefit of, the owners of the Property, in accordance with and subject to the terms and conditions set forth herein. 10. Severability. If any of the covenants, conditions or terms of this Right shall be found void or unenforceable for any reason whatsoever by any court of law or of equity, then every other covenant, condition, restriction or term contained herein shall remain valid and binding. 11. Enforcement of Restrictions. Grantor and Grantee, and their respective successors and assigns, shall each have the authority to enforce this Right against any person or persons violating or attempting to violate the same and may enter proceedings at law or in equity to restrain a violation of the restrictions contained herein. 12. Captions; Singular, Plural and Gender. The section headings are intended for convenience only and shall not be construed with any substantive effect in this Right. Words used herein shall be deemed to include the singular and plural and any gender as the context requires. 13. Governing Law. This Right shall be governed by and enforced in accordance with the laws of the State of North Carolina, without regard to its principles of conflicts of laws. Docusign Envelope ID: D1F0930A-38BC-8048-800B-77C2F2C311BB 14. Counterpart. This Right may be executed in multiple counterparts, and each counterpart, when fully executed and delivered, shall constitute an original instrument and all such multiple counterparts shall constitute but one and the same instrument. 15. Miscellaneous. The paragraph headings in this Right are for convenience only, shall in no way define or limit the scope or content of this Right, and shall not be considered in any construction or interpretation of this Right or any part hereof. Nothing in this Right shall be construed to make the parties hereto partners or joint venturers. No party hereto shall be obligated to take any action to enforce the terms of this Right or to exercise any easement, right, power, privilege or remedy granted, created, conferred or established hereunder. This Right may be amended, extended, modified, or terminated only in writing, executed and acknowledged by all parties to this Right or their respective successors or assigns. IN WITNESS WHEREOF, Grantor has caused this Right to be executed in the manner prescribed by law, as of the day and year first above written. GRANTOR: By: GRANTEE: By: Docusign Envelope ID: D1F0930A-38BC-8048-800B-77C2F2C311BB Revised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Casa Vendor Contact Person: Eric Fullilove Phone: 919-307-3451 Address: 624 W Jones Street City Raleigh State: NC Zip: 27603 Department: AMS Amount: $0 Purpose: Temporary Access Agreement Budget Code(s): N/A Vendor # N/A Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 5/4/2026 End Date 9-30-2026 Notice Date N/A (Notice Purpose N/A) Award Approved by Board (Agenda Date: ); Made or Administered by AMS Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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 prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services 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 Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: D1F0930A-38BC-8048-800B-77C2F2C311BB 5/4/2026 5/5/2026 5/19/2026 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) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 4/28/2026 Scott Insurance -Greensboro 400 Bellemeade St #201 Greensboro NC 27401 Adriane Wildrick 434-455-3011 awildrick@scottins.com Travelers Casualty Insurance Company of America 19046 CASA000-01 The Travelers Indemnity Company (A++)25658CASA MERRITT MILL APARTMENTS LLC 624 W Jones St Raleigh NC 27603 1693867283 A 1,000,000 X X X X BA-6X320092-25-42-G 1/1/2026 1/1/2027 B X 4,000,000 X EX-5X545105-26-42 1/1/2026 1/1/2027 4,000,000 Orange County,its officers,agents,and employees are additional insured as respects Auto Liability for work performed by the Named Insured if required by written contract.The Excess Auto Liability is follow form as respects additional insured status. Orange County 300 West Tryon Street PO Box 8181 Hillsborough NC 27278 Docusign Envelope ID: D1F0930A-38BC-8048-800B-77C2F2C311BB 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) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 4/28/2026 Scott Insurance -Greensboro 400 Bellemeade St #201 Greensboro NC 27401 Adriane Wildrick 434-455-3011 awildrick@scottins.com Millers Capital Insurance Company (A-)14575 CASA000-01 CASA 624 W Jones St Raleigh NC 27603 1823811859 A X 1,000,000 X 1,000,000 5,000 1,000,000 2,000,000 X Y BOP 9153087 02 1/1/2026 1/1/2027 2,000,000 A X X 4,000,000UMB9159191021/1/2026 1/1/2027 4,000,000 X 10,000 Orange County,its officers,agents,and employees are additional insured as respects General Liability for work performed by the Named Insured if and as required by a contract or agreement.The Umbrella Liability is follow-form as respects additional insured status. Orange County 300 West Tryon Street PO Box 8181 Hillsborough NC 27278 Docusign Envelope ID: D1F0930A-38BC-8048-800B-77C2F2C311BB