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RIGHT OF ENTRY AND USE AGREEMENT
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<br />This Right of Entry and Use Agreement ("Agreement") is made as of the 14th day of April, 2025, between Orange
<br />County, political subdivision of the State of North Carolina, (“Property Owner”) and North Carloina Dept. of
<br />Agriculture & Consumer Services Beneficial Insects Lab Biological Contro l ("Entrant"), concerning the State of
<br />North Carolina biological control program that targets invasive, ecologically-destructive Knotweeds (Fallopia, syn.
<br />Reynoutria) species in North Carolin by the careful release of a biological control agent, a small, host -specific plant-
<br />hopper, the federally-permitted Knotweed Psyllid, Aphalara itadori, as well as follow up surveys, at the County
<br />owned and operated Fairview Park located at 195 Torain Street, Hillsborough, NC 27278, (the “Property”).
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<br />WHEREAS, Entrant desires to enter the Property through, over, and across existing parking areas and trails for the
<br />purpose of the careful release of a biological control agent, a small, host-specific plant-hopper, the federally-
<br />permitted Knotweed Psyllid, Aphalara itadori, (the “Permitted Activities”); and
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<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:
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<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 an 8
<br />month period starting April 14, 2025 through December 31, 2025. 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 />including but not limited to any damage or theft of equipment.
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<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 remove all equipment prior to the end of
<br />the term of this agreement. Entrant shall promptly repair, at its cost, any damage to the Property or any other
<br />property caused by the acts or omissions of Entrant, its agents, contractors, invitees, guests, and assigns. Property
<br />Owner may terminate this Agreement at any time for any reason or no reason. If Property Owner terminates this
<br />Agreement, Entrant shall coordinate with Property Owner for the removal of equipment in a reasonable time and
<br />manner.
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<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.
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<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 docum ent duly executed by the parties. This Agreement is governed by the laws of the State of
<br />North Carolina.
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<br />IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as of the date first
<br />above written.
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<br />For the Property Owner For the Entrant
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<br />By: _____________________ By: ________________________
<br /> Travis Myren Gregory Wiggins
<br /> County Manager Biocontrol Administrator, NCDA&CS
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<br />Docusign Envelope ID: B325FF84-A529-46AD-9CB8-5F40B6BB50F3
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