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DocuSign Envelope ID:9A4D309B-6AAB-44AA-9D5E-839E5DD918EF
<br /> RIGHT OF ENTRY AND USE AGREEMENT
<br /> This Right of Entry and Use Agreement ("Agreement") is made as of the 14th day of January, 2020, between
<br /> Orange County, political subdivision of the State of North Carolina, ("Property Owner") and Watershed
<br /> Investments Incorporated ("Entrant"), concerning the use of the driveway extending South from Schley Road into
<br /> the future Northeast District Park property located at 3981 Schley Road, Hillsborough, North Carolina 27278 (the
<br /> "Property").
<br /> WHEREAS, Entrant desires to enter the Property through, over, and across the driveway extending South from
<br /> Schley Road into the future Northeast District Park property for the purpose of temporarily accessing its property
<br /> situated at the eastern boundary of the Property(the"Permitted Activities"); and
<br /> WHEREAS, Entrant's property is situated on a parcel that is otherwise without direct access, barring an existing
<br /> driveway over and through the future Northeast District Park property. There is a former dilapidated driveway
<br /> entrance providing only limited access to Entrant's property that would require extensive repair, culverting and
<br /> permitting from the State Department of Transportation; and
<br /> WHEREAS, The County's interest in the property as a potential acquisition would dictate continued use of the
<br /> existing access through the current County owned access point and not an additional constructed driveway.
<br /> NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the receipt and
<br /> sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
<br /> 1. Property Owner grants to Entrant, Entrant's agents, contractors, invitees, guests, and assigns a Right of Entry
<br /> and license to enter upon the Property solely for the purpose of the Permitted Activities. Entrant's entry rights are
<br /> specifically limited to the Permitted Activities on the Property and shall not include any other activities on the
<br /> Property or any other property or areas surrounding the Property. Entrant's entry rights shall be limited to a 12
<br /> month period starting January 6th, 2020 through December 3151, 2020. Entrant shall not be responsible for any
<br /> maintenance costs related to entry and the Permitted Activities under this Agreement, except that Entrant shall be
<br /> responsible for any damage caused to the Property by Entrant. Property Owner accepts no risk, responsibility, or
<br /> liability associated with the Permitted Activities, which risk, responsibility and liability remain solely with the Entrant.
<br /> 2. Entrant agrees to comply with all local, state, and federal laws, rules, easements and ordinances applicable to
<br /> the Permitted Activities. Entrant further agrees to exercise due care in the entry and the performance of all
<br /> Permitted Activities on the Property, and not to interfere with or interrupt Property Owner or any other party's
<br /> activities or operations on the Property or surrounding areas. Entrant shall promptly repair, at its cost, any damage
<br /> to the Property or any other property caused by the acts or omissions of Entrant, its agents, contractors, invitees,
<br /> guests, and assigns. Property Owner may terminate this Agreement at any time for any reason or no reason.
<br /> 3. Entrant shall indemnify, release, and hold harmless Property Owner, its employees, agents, assigns, or
<br /> contractors, from any and all claims, actions, damages, liability and expense whatsoever, including without
<br /> limitation Attorneys' fees and costs, in connection with personal injury, including death, or property damage arising
<br /> out of the negligent acts or omissions of Entrant, its agents, contractors, invitees, guests, and assigns upon any
<br /> portion of the Property or any area near or surrounding the Property. The provisions of this Paragraph 3 shall
<br /> survive the expiration or termination of this Agreement.
<br /> 4. This Agreement constitutes the entire understanding between the parties with respect to the Permitted Activities.
<br /> All prior agreements or understandings, whether oral or written, are superseded. This Agreement may be amended
<br /> only by a written document duly executed by the parties. This Agreement is governed by the laws of the State of
<br /> North Carolina.
<br /> IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as of the date first
<br /> above written.
<br /> For the Property Owner For the Entrant
<br /> OocuSigned by, GocuSigned by,
<br /> By. �jbin�nit. a, ty5 1/30/2020 1/31/2020
<br /> By. r�.tOG Rt.ViMcUn.ln.
<br /> 063799d6755E477.. 5699FA875297467..
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