Agenda - 01-22-2019 8-k - Easement Agreement with Duke Energy Related to County-Owned Orange High School Property

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3 Notwithstanding anything to the contrary above, it is understood and agreed that: (1) the EASEMENT herein granted is for facilities to be installed at any point where needed on the above-referenced land of GRANTOR, portions of which facilities may be installed immediately, and other portions installed in the future as the need develops; (2) said facilities shall be installed and/or relocated at locations mutually agreeable to the parties hereto; and (3) DEP agrees to promptly repair, at DEP's expense, any damages solely and directly resulting from DEP's maintenance or operational work, and to restore to the fullest extent practical the surface of GRANTOR'S property to substantially the same condition said property was in immediately preceding any work, ordinary wear and tear, and casualty excepted; provided, however, that in exercising said rights DEP agrees: (i) to install all anchors and guy wires permitted hereunder as close as practicable, in DEP's reasonable judgment, to the aforesaid easement area; (ii) that except in emergencies (as determined by DEP in its sole discretion), or to comply with any regulatory requirements, to use existing roads and paths to access said easement area, unless DEP determines, in its reasonable judgment, that such access is impracticable; and (iii)to conduct all work permitted hereunder in a professional and workmanlike manner. DEP acknowledges that GS 14-208.18 provides that it is unlawful for any person required to register as a sex offender under North Carolina law to knowingly be on a school site, and the violation of this law is a felony by the registered sex offender. In recognition of this law, DEP agrees not to assign any work that has to be performed in any easement area on property owned by the Board to any person known by DEP to be required to register as a sex offender as defined in G.S. 14-208.18 TO HAVE AND TO HOLD said rights, privilege, and easement unto DEC, its successors, licensees, and assigns, forever, and GRANTOR, for itself, its heirs, executors, administrators, successors, and assigns, covenants to and with DEC that GRANTOR is the lawful owner of the Property and the Easement Area in fee and has the right to convey said rights and Easement. IN WITNESS WHEREOF, this EASEMENT has been executed by GRANTOR and is effective as of the Effective Date herein. ORANGE COUNTY By: Penny Rich, Chair, Board of Commissioners ATTEST: Donna Baker, Clerk to the Board (Affix Official Seal)