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Agenda - 01-18-2000 - 8r
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Agenda - 01-18-2000 - 8r
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Last modified
9/2/2008 12:56:55 AM
Creation date
8/29/2008 11:15:17 AM
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BOCC
Date
1/18/2000
Document Type
Agenda
Agenda Item
8r
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Minutes - 01-18-2000
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Path:
\Board of County Commissioners\Minutes - Approved\2000's\2000
RES-2000-009 Resolution Relative to Efland Sewer System Facilities On or Across Properties Owned or Controlled by Barber and Ross, NC Railroad Co. and Norfolk Southern Railway Co.
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\Board of County Commissioners\Resolutions\2000-2009\2000
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must be approved in writing by NCRR prior to such placement. If requested by <br />NCRR, Licensee agrees to provide to NCRR detailed engineering drawings, <br />building plans, facility plans or other plans "as-built" within 30 days of any such <br />request after the completion of any such placement. <br />8. Upon termination or expiration of the License Agreement, Licensee shall <br />restore the Premises within a reasonable time period to a condition satisfactory to <br />NCRR, including without limitation, removal of equipment and facilities, grading, <br />filling or removal of soil, landscaping, erosion control, or any environmental <br />investigation or clean up necessitated by any acts or omissions at the Premises by <br />Licensee, its agents, employees, or contractors. If Licensee fails to restore the <br />Premises within 60 days of termination or expiration of the License Agreement, <br />NCRR may, at its option, take any and all steps it deems necessary to restore the <br />Premises and Licensee agrees to reimburse NCRR for any and all such restoration <br />costs. <br />9. Railway and NCRR agree that, by entering into this Agreement and <br />Consent, (i) NCRR is not making admission regarding any matter between NCRR <br />and Railway; (ii) Railway is not making any admission regarding any matter <br />between NCRR and Railway; (iii) NCRR is not waiving any claim or defense <br />against Railway or any affiliate of Railway; (iv) Railway is not waiving any claim <br />or defense against NCRR; (v) NCRR does not waive or prejudice any position, <br />claim or defense with regard to any legal or administrative proceedings in which <br />Railway or its affiliates and NCRR are currently involved or may become <br />involved, including but not limited to any claim or defense with respect to any <br />leasehold rights, environmental obligation or liability, possessory rights, or <br />holdover or non-holdover status of Railway; and (vi) Railway does not waive or <br />prejudice any position, claim or defense with regard to any legal or administrative <br />proceedings in which Railway or its affiliates and NCRR are currently involved or <br />may become involved, including but not limited to any claim or defense with <br />respect to any leasehold rights, environmental obligation or liability, possessory <br />rights, or holdover or non-holdover status of Railway. <br />10. Licensee acknowledges that NCRR has not made any inspection of the <br />Premises and that the Premises are located at or near active or inactive railroad <br />facilities, structures, or related property. <br />11. Prior to entry onto the Premises, Licensee shall provide NCRR with a <br />certificate naming NCRR as an additional insured under the same general liability <br />policy required by the Railway under the License Agreement. <br />12. Licensee agrees that it shall neither suffer nor permit any mechanics' lien or <br />any other lien to attach to the Premises, and in the event any lien shall attach, <br />12 <br />Page 3 of 4
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