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DocuSign Envelope ID:7CF6OB58-F95B-4FFA-9EO3-OFA429EC47E7 <br /> [Departmental Use Only] <br /> TITLE LakeOrange_Lotus <br /> FY 18-19 <br /> NORTH CAROLINA <br /> Lake Orange Waiver & Indemnification Agreement <br /> ORANGE COUNTY <br /> This Waiver and Indemnification Agreement (hereinafter "Agreement"), made and entered <br /> into this 28th day of June, 2019, ("Effective Date") by and between Orange County, North <br /> Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and <br /> Friends of Lake Orange, (hereinafter, the "Provider"). <br /> WITNESSETH: <br /> That the County and Provider, for the consideration herein named, do hereby agree as <br /> follows: <br /> 1. Use of Premises <br /> a. County owns a tract of land in the Cedar Grove Township approximately 156+/- acres in <br /> size, identified as PIN 9857642370, and commonly known as Lake Orange (hereinafter, <br /> the "Property"). <br /> b. Provider intends to use Property to apply controlled chemical treatments in conformance <br /> with EPA and NPDES standards to a two (2) acre treatment area located at the north side <br /> of the Property so as to help control the spread of American Lotus. The proposed <br /> treatment footprint is shown in Attachment A and the detailed scope of work is shown in <br /> Attachment B. Provider will contract with Solitude Lake Management for the execution <br /> of this work, using private funds. See Attachment B for copy of executed contract <br /> between Provider and Solitude Lake Management. <br /> c. In consideration of the impact on and the use of the premises of the Property, Provider <br /> does hereby release, waive, discharge, and covenant not to sue County, it's officials, <br /> employees and agents for liability from any and all claims including negligence resulting <br /> in personal injury, accidents, or illnesses (including death) and property loss arising from <br /> use of premises. <br /> 2. Duration of Use <br /> a. Term. The term of this Agreement shall be from June 28, 2019 to June 28, 2022. All <br /> waivers and indemnifications shall survive termination of the Agreement. <br /> 3. Insurance <br /> a. General Requirements. Provider shall obtain, at its sole expense or through executed <br /> contract with Solitude Lake Management, an Environmental Liability Policy covering up <br /> to $5,000,000 for each incident and $5,000,000 in the aggregate, in which the County is <br /> covered as Additional Insured. <br /> Initial Waiver 8/18 1 <br />