Agenda - 01-22-2015 - 6k - Laserfiche WebLink

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STATE OF NORTH CAROLINA COUNTY OF Orange Attachment 3 LICENSE AGREEMENT THIS LICENSE AGREEMENT ( "Agreement" and/or "License ") made this day of , by and between Orange County, organized and existing under the laws of the State of North Carolina, (hereinafter "Licensor ") and Riding Partners, Inc. d/b /a Brightfield (`BrightfieldTS "), with its principal place of business at 87 Shope Road, Asheville, NC 28805 (hereinafter "Licensee "); WITNESSETH: Upon the terms and conditions hereinafter set forth, Licensor hereby grants unto Licensee and Licensee does hereby accept as a Licensee of Licensor such property of Licensor's located at 106 East Margaret St and 501 W Franklin St , as more particularly described and shown on Exhibit "A," attached hereto and incorporated herein by reference, (hereinafter "Premises ") as shall be necessary for the construction and maintenance of equipment pursuant to the Terms and Conditions set forth herein: L TERMS AND PAYMENTS: A. Use of Licensed Premises Licensor for the term set forth herein and subject to the terms and conditions of this License, hereby grant to Licensee permission to use the Premises as described in Exhibit A herein, for the installation of equipment necessary for the operation of a solar powered electric vehicle charging station, and /or stand -alone electric vehicle chargers and/or solar array such equipment and accessories as set forth on Exhibit `B" (hereinafter "Equipment "). All Equipment and improvements shall hereinafter collectively be referred to as "Licensee Facilities." The Licensee shall install the Licensee's Facilities solely for the purpose of operating a solar powered electric vehicle charging station. Licensee's facilities, shall be located in the license area as set forth in the attached Exhibit "A" and shall be constructed in accordance with all relevant building codes and regulations. All Exhibits referenced herein are attached hereto and incorporated herein by reference. In the event the Licensor determines a better use for the Premises, Licensor may elect to relocate the Equipment to a new location ( "New Location ") upon approval by both Parties, both Parties agree that approval shall not be unreasonable withheld. The New Location shall be similar in visibility, user access, solar exposure and shall have equal or higher projected utilization. The Licensor shall be responsible for all costs associated with the removal and site restoration of the original site along with, relocation and installation at the New Location, including, but not limited to, design, engineering, permitting, interconnection, construction, commissioning and all processing costs. B. Term The term of this License shall be for a period of nine (9) years (the "term ") commencing from the first day of , 201(the "commencement date ") and will terminate at 11:59 p.m. on the ninth anniversary of the commencement date, provided that Licensee is not in default of any of its obligations set forth herein. If Licensee shall remain in possession of the Premises at the expiration of this License without a written agreement, such tenancy shall be deemed a month -to -month tenancy under the same terms and conditions of this License. C. License Fee Rental: The License Fee is $1.00 per year. All payments shall be made directly to and these payments shall be exclusive of charges of the furnishing of any utilities such as, but not limited to, electricity, gas, water, sewer or telephone. Agr- License