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Agenda - 12-13-2022; 8-i - Approval of a License Agreement between Orange County and North State Communications Advanced Services, LLC of North Carolina
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Agenda - 12-13-2022; 8-i - Approval of a License Agreement between Orange County and North State Communications Advanced Services, LLC of North Carolina
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12/8/2022 2:32:24 PM
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BOCC
Date
12/13/2022
Meeting Type
Business
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Agenda
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8-i
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6 <br /> Attachment 2 <br /> North Carolina <br /> Orange County <br /> LICENSE AGREEMENT <br /> This EQUIPMENT PLACEMENT AND MAINTENANCE LICENSE AGREEMENT <br /> ("License Agreement"), made this the day of 2022, by and between <br /> Orange County, a political subdivision of the State of North Carolina, whose address is 200 South <br /> Cameron Street, P.O. Box 8181, Hillsborough, NC 27278 (hereinafter "Licensor" or "County"), <br /> with, to, and for the benefit of North State Communications Advanced Services, LLC of the State <br /> of North Carolina, whose address is One Lumos Plaza, Waynesboro, VA 22980 (hereinafter <br /> "Licensee"). <br /> WITNESSETH: <br /> For good and valuable consideration, and subject to the terms and conditions hereinafter <br /> set forth, the Licensor does hereby license unto the Licensee and Licensee does hereby accept <br /> the limited use of and access to Licensor's property identified by PIN 3865833379, 3865833029, <br /> 3865816980 (the "Property") as set forth herein. <br /> Licensee desires, and Licensor authorizes Licensee, its agents and contractors, to install <br /> a point-of-presence to house equipment necessary to operate Licensee's fiber network ("POP") <br /> on the Licensor's Property as shown on Exhibit 1, attached hereto and described as follows: <br /> Exhibit 1 contains a metes and bounds description of the area to <br /> be utilized. Areas of ingress and egress to the area shall be under <br /> the sole control of the Licensor, and Licensee shall be directed as <br /> to those areas which shall be utilized for ingress and egress, which <br /> shall not be unreasonably denied. <br /> Upon the 911t day following the termination of this license, any easements <br /> shown on attachments shall be deemed terminated and extinguished. <br /> 1. Point-of-Presence ("POP") <br /> Licensee and its agents and contractors shall be responsible for maintaining the POP as nearly <br /> as possible in its current condition and location except as noted in section (d) below. <br /> In consideration of the foregoing and subject to the terms and conditions described herein, <br /> the Licensor does hereby grant unto the Licensee the right and privilege and license over, upon, <br /> and through the Property to construct, install, re-construct, maintain, repair, modify, or remove the <br /> POP and maintain the POP as nearly as possible in its current condition at the location noted <br /> above together with a right and license to go upon the Property whenever the same is reasonably <br /> necessary for the purposes of constructing, inspecting, maintaining, and repairing said POP. <br />
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