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q <br /> �1 Q11!1 i f1� <br /> NORTH CAROLINA <br /> COST REIMBURSEMENT AGREEMENT <br /> ORANGE COUNTY <br /> THIS COST REIMBURSEMENT AGREEMENT (the "Agreement") is made and <br /> entered into and effective this 5th day of August, 2016, by and between Orange <br /> County North Carolina (the "County"), a political subdivision of the State of North Carolina and <br /> Classical American Homes Preservation Trust (the "Trust"), a registered North Carolina <br /> Nonprofit Corporation, <br /> RECITALS <br /> WHEREAS, the Trust constructed a Pedestrian Bridge across the Eno River for <br /> the public purpose of connecting existing public pedestrian trails consisting of the Town of <br /> Hillsborough Riverwalk and the Historic Occoneechee Speedway Trail; and <br /> WHEREAS, the Trust has requested the County reimburse the Trust for certain <br /> permit costs associated with the construction of the Pedestrian Bridge. <br /> NOW, THEREFORE, in consideration of the mutual covenants and promises <br /> herein contained, and for other valuable consideration, the receipt and sufficiency of which is <br /> acknowledged, the parties hereto agree as follows: <br /> Section 1. Expenditure of Funds. The Trust warrants and County agrees the <br /> Trust expended six hundred sixty dollars and sixty-six cents ($660.66) for building related <br /> permits, specifically permit # CB16-00100, for the purpose of constructing the Pedestrian <br /> Bridge. <br /> Section 2. Reimbursement. In consideration of the terms and corid'itions of this <br /> Agreement, and for the use of the Pedestrian Bridge by the general public, the County shall <br /> reimburse the Trust in the amount of six hundred sixty dollars and sixty-six cents ($660.66) for <br /> the permit costs related to permit# CB16-00100. <br /> Section 3. Qualified Costs and Limitation. The reimbursement authorized in <br /> Section 2 shall not apply to any other costs or expense related directly or indirectly to the <br /> Pedestrian Bridge, its construction, deconstruction, repair, or maintenance or any other project. <br /> If, at any time, the Pedestrian Bridge should cease to be open to and accessible by the general <br /> public for any reason other than temporary repair or maintenance the Trust shall, upon demand <br /> by the County, repay to the County the full amount set out in Section 2. <br /> Section 4. Indemnification. The Trust agrees to defend, indemnify, and hold <br /> harmless the County from and against all suits, claims, actions, causes of action, losses, costs, <br /> penalties and damages of whatever kind or nature, including reasonable attorneys' fees and <br /> litigation costs arising out of, in connection with, or otherwise related to this Agreement or the <br /> Pedestrian Bridge, however, the Trust shall have no obligation under this paragraph for any <br /> Loss caused by the County's gross negligence or willful misconduct. This indemnification, <br /> defense, and hold harmless .obligation shall survive the termination or expiration of this <br /> Agreement. <br /> Section 5. Governing Law. This Agreement and the rights of the parties under <br /> it will be governed by and construed in all respects in accordance with the laws of the State of <br /> 1 <br />