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Agenda - 01-22-2015 - 6k
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Agenda - 01-22-2015 - 6k
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Last modified
5/29/2015 12:21:03 PM
Creation date
1/16/2015 4:26:24 PM
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BOCC
Date
1/22/2015
Meeting Type
Regular Meeting
Document Type
Agenda
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6-k
Document Relationships
2015-121 AMS - Duke Energy Carolinas, LLC - Right of Way Agreement
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2015
2015-122 AMS - Duke Energy Carolinas, LLC - Right of Way Agreement
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2015
Minutes 01-22-2015
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2015
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Licensor assumes no responsibility for the licensing, operation and or maintenance of the Licensee's <br />Facilities. <br />D. Permits and Compliance <br />1. The Licensee's Facilities and installation, operation and maintenance of such must be in compliance with all <br />federal, state and local laws, including but not limited to local zoning requirements. It shall adhere to <br />reasonable technical industry standards. <br />2. The Licensee shall at all times in good faith, use its best efforts to obtain licenses, permits and approvals <br />necessary for the installation or operation of the Licensee's facilities, at Licensee's sole expense. Licensor, to <br />the extent it can legally do so, will cooperate with Licensee in obtaining necessary permits. <br />Notwithstanding the obligations of the Licensee, Licensor shall maintain in good condition and repair the <br />Premises. <br />E. Access, Authorized Personnel and Limits on Exclusivity of Space Use <br />1. Licensee shall have a non - exclusive right to access the premises for ingress and egress purposes. In the event <br />an additional right of way or easement is required by Licensee for such access, Licensee shall negotiate the <br />right of way or easement separate from this License and all costs associated with obtaining the right of way or <br />easement shall be borne entirely by Licensee. <br />2. Licensee and its authorized personnel shall have reasonable access to the Premises twenty -four (24) hours a <br />day, seven (7) days a week, for the purposes of routine and emergency maintenance of the Licensee's <br />Facilities. <br />At present, it is recognized that there is strong demand for parking during the normal business hours at the <br />Premises. Therefore, during the initial_2 _years of the license Agreement, parking in the _ 5_ spaces adjacent <br />to the electric vehicle station will be open use and non - exclusive. hi year _3_ of the license Agreement, it is <br />contemplated that there will be an increased demand for designated access for these spaces, as electric vehicle <br />parking only. Licensee and Licensor agree that beginning in year 3 of this Agreement, one of the <br />_5_spaces to be designated as "Electric Vehicle Parking Only" at the point that there are _50 such vehicles <br />registered in _Orange County_. Designating additional parking spaces of any equipment owned and operated <br />by licensee will be reviewed each additional year of the license agreement, using the same metric (e.g. _1_ <br />designated space per _50_ registered electric vehicles, etc.). Licensee and Licensor understand and agree <br />that there will be no enforcement of these guidelines without prior approval of the governing board of the <br />Licensor. <br />III. LIABILITY AND CONDEMNATION <br />A. Insurance <br />Licensee shall provide a certificate of insurance prior to the commencement of this License evidencing <br />coverage in the limits and amounts shown below. All certificates of insurance for general liability shall show <br />the _Orange County_ as an additional named insured. <br />General Liability $1,000,000.00 <br />Automobile Liability $500,000.00 <br />(combined single limit; hired and non -owned coverage, for company owned vehicle only) <br />
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