DocuSign Envelope ID:7DAEBBB3-CD7F-4D87-A6B2-79322833D3E5
<br /> B
<br /> North Carolina Department of Public Safety
<br /> Emergency Management
<br /> Roy Cooper,Governor Michael A. Sprayberry,Executive Director
<br /> Erik A.Hooks,Secretary
<br /> AGREEMENT
<br /> between
<br /> Risk Management Orange County,North Carolina
<br /> North Carolina Emergency Management
<br /> North Carolina Emergency Management (NCEM)/Risk Management in cooperation with the National Weather
<br /> Service and other local,state,and federal agencies operates a network of rain,stream,and weather gauges in order to
<br /> help protect lives and property by providing: rain and flood stage data, flood inundation maps, flooding impacts,
<br /> and alerts in real-time. NCEM/Risk Management would like to install a self-contained water level gauge
<br /> (hereafter the"Equipment")on PIN 9857642370(hereafter the"Property")in Orange County,North Carolina.
<br /> Therefore, Orange County,North Carolina agrees to permit representatives of NCEM/Risk Management to install,
<br /> without charge,such Equipment upon the Property at a site mutually agreed on by the parties. Orange County,North
<br /> Carolina assumes no responsibility for the Equipment installed. It is understood further that Orange County,North
<br /> Carolina will not care for, protect, or in any other way be responsible for the safety, condition, maintenance and/or
<br /> operation of the Equipment—and that Orange County,North Carolina will be granted access to any/all data collected
<br /> by the Equipment. Orange County, North Carolina will contact NCEM should Orange County, North Carolina
<br /> physically observe that the Equipment appears to have become damaged and/or is not functioning properly. The
<br /> location of the Equipment is shown on the attached site photo(Exhibit A).
<br /> Orange County, North Carolina will permit authorized representatives and maintenance personnel of NCEM/Risk
<br /> Management free ingress and egress to the Equipment for purposes of installing, testing, inspecting, operating, or
<br /> maintaining the equipment. The persons entering the Property pursuant to this Agreement will treat the Property and
<br /> anyone they encounter with respect and will operate in a safe manner. Furthermore,the persons entering the Property
<br /> pursuant to this Agreement do so entirely at their own risk,and by so entering the Property,agree to release and hold
<br /> harmless Orange County,North Carolina as well as its employees, agents, and representatives from and against any
<br /> and all claims,liabilities,damages,or demands for injury or death provided that none of the actions were due to gross
<br /> negligence or purposeful intent.
<br /> Orange County,North Carolina retains the right to request that the Equipment be removed from the Property and for
<br /> this Agreement to be terminated. Such a request should be made in writing to NCEM/Risk Management. Upon
<br /> receiving the request,NCEM/Risk Management would inform Orange County, North Carolina that the agency has
<br /> received the request and would arrange for the Equipment to be removed within 30 days barring that the agency was
<br /> not involved in a disaster. If the agency becomes involved in a disaster during this period,NCEM/Risk Management
<br /> would inform Orange County,North Carolina of the circumstances,provide an estimate of when personnel could be
<br /> dispatched to remove the Equipment, provide any necessary updates if the circumstances change, and remove the
<br /> Equipment as soon as possible.
<br /> This Agreement shall remain in force beginning the 19th day of February,2021.
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<br /> Michael A. Sprayberry Date Bonnie Hammersley Date
<br /> Executive Director,NCEM/Risk Management County Manager,Orange County,North Carolina
<br /> Enc: Exhbit A-Site Photo
<br /> MAILING ADDRESS: OFFICE LOCATION:
<br /> 4218 Mail Service Center 4105 Reedy Creek Rd
<br /> Raleigh,NC 27699-4218 Raleigh,NC 27607
<br /> www.ncfloodmaps.com Telephone:(919)715-5711
<br /> .A- . Fax:(919)715-0408
<br /> An Equal Opportunity Employer
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