2009-076 ERCD - Orange Co and Preservation of the Eno River regarding Utilization of Former Water Supply Well

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-~ County of Orange and Association for the Preservation of the Eno River Agreement September 15, 2009 WHEREAS, the Association has agreed to allow the use of said out-of--use water supply well located on the Eno Confluence Property and identified on the map in Attachment 1, as part of the proposed Orange County Groundwater Observation Well Network, a system of groundwater observation wells throughout Orange County intended to permit monitoring of groundwater conditions in the County; NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. OPERATION AND MAINTENANCE OF SITE The County, its employee's, agents, and third party contractors shall have the right to use the well located on the property at 4214 Highland Farm Road for the collection of groundwater level information, the collection of water quality samples, and the collection of geological and geophysical information. The County will be responsible for coordinating and supervising all such investigations. The County will be solely responsible for the maintenance of the well on the Eno Confluence Property during the term of this agreement, including any repairs which may be necessary to the well or well house to permit ongoing operation of the well, and shall repair any damage to the well or other property of the Association arising out of the use of the premises by the County, its employees, agents or third party contractors. Orange County will be responsible for the security of the well as well as the proper use of the well to achieve the stated goals of the Orange County Groundwater Observation Well Network. Use of the well shall include the right of ingress and egress between the well and Highland Farm Road across the said property of the Association. During the term of this agreement the Association shall refrain from using the well for water supply or other purposes. 2. ADDITIONAL DETAILS A. CASUALTY AND LIABILITY INSURANCE: It is understood and agreed by and between the parties hereto that each party shall carry such casualty and liability insurance as will protect its interests in said facilities, and protect itself in the event of injury to persons or property involved in the use of said premises by said party. Each party shall furnish to the other party upon demand, satisfactory evidence of insurance. B. INDEMNITY: The County shall, to the extent allowed by law, indemnify and hold harmless and defend the Association, its agents and employees from any claims, cost, expense, liability, action or judgment, including attorney's fees, arising out of or related to any personal injury, death or property damage with respect to the use of the premises by the County, its employees, agents or third party contractors, except to the extent the same are caused by the negligence or misconduct of the Association.