20221316 Ver 1_Agent Authorization_20220926

Verizon Wireless Site Name: WINTERGREEN
Prepared By: MILLER & MARTIN PLLC
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made as of the date
of the last signature hereon by and between CELLCO PARTNERSHIP d/b/a
Verizon Wireless, with an address at One Verizon Way, Mail Stop 4AW100,
Basking Ridge, New Jersey 07920 ("VERIZON WIRELESS") and KATHY W.
JARMAN with a mailing address of 1254 10 Mile Fork Rd., Trenton, North Carolina
28525 (hereinafter referred to as "LICENSOR").
WITNESSETH:
WHEREAS, LICENSOR owns or has the rights to certain real property in
Craven County, North Carolina as identified in Exhibit A attached hereto and
incorporated herein (the "Site"), and has the authority to grant the access
permitted by this agreement, to the Site where VERIZON WIRELESS desires to
construct a communications tower or collocate on an existing structure and to
install related equipment;
WHEREAS, VERIZON WIRELESS and LICENSOR are in the process of
negotiating an agreement for the lease or purchase of the Site, and in order for
VERIZON WIRELESS to determine the viability and feasibility of the Site, VERIZON
WIRELESS desires to enter upon and inspect the Site and/or to temporarily locate
communications equipment on the Site to conduct short term radio propagation
tests such that it can determine the suitability of the Site for its intended use;
WHEREAS, as an accommodation to VERIZON WIRELESS, LICENSOR is
willing to grant permission to VERIZON WIRELESS, its employees, agents or
contractors, to enter onto the Site in order to conduct such investigations, under
the terms and conditions stated herein.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and intending to be legally bound, the parties
hereto agree as follows:
1. LICENSOR grants to VERIZON WIRELESS a right of entry and license to
enter upon the Site as identified on Exhibit A attached hereto and
incorporated herein to conduct and perform boundary surveys, tree
surveys, environmental testing, and radio propagation studies (the
"Permitted Activities"). VERIZON WIRELESS' entry rights are specifically
limited to the Permitted Activities and to the Site and shall not include any
other activities or any other portion of the real property surrounding the
Site. VERIZON WIRELESS shall be responsible for any and all costs related
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Verizon Wireless Site Name: WINTERGREEN
to the Permitted Activities, including installation, operation and removal of
equipment on the Site.
2. VERIZON WIRELESS agrees to comply with all local, state and federal laws,
rules and ordinances applicable to the Permitted Activities. VERIZON
WIRELESS further agrees to exercise due care in the performance of all
Permitted Activities on the Site, and not to unreasonably interfere with
LICENSOR or any other party's activities on the Site.
3. VERIZON WIRELESS agrees to indemnify and save LICENSOR, its
employees, agents or contractors, harmless from and against any and all
liability, damage, expense, claims, liens or judgments, resulting from injury
to person or damage to property to the extent caused by the activities of
VERIZON WIRELESS, its agents, employees, contractors, or invitees, upon
the Site or any property surrounding the Site, including without limitation,
the Permitted Activities, except to the extent such claims or damages may
be due to or caused by the negligence or willful misconduct of the
LICENSOR, or its employees, contractors or agents. This indemnification
obligation shall survive the expiration or termination of this Agreement.
LICENSOR shall: Provide prompt notice of any claim; reasonably cooperate
with VERIZON WIRELESS in the management and defense of covered
claims; and allow VERIZON WIRELESS to defend and manage any claim
with employees, consultants, contractors and attorneys of its choosing.
4. The term of this Agreement shall be from the date on which this Agreement
has been executed by both LICENSOR and VERIZON WIRELESS to the
earlier of LICENSOR and VERIZON WIRELESS entering into a Lease
Agreement or consummation of a purchase with respect to the Site, or a
decision by VERIZON WIRELESS that the site is unsuitable.
5. In the event this Agreement expires or is terminated without the existence
of a fully executed lease agreement or consummation of a purchase for the
Site, VERIZON WIRELESS will promptly remove any and all of its
equipment from the Site and restore the Site to a condition substantially
similar to that which existed immediately prior to VERIZON WIRELESS'
entry, damage not caused by VERIZON WIRELESS, reasonable wear and
tear, excepted.
6. LICENSOR will ensure that VERIZON WIRELESS, its agents, employees,
invitees, are granted access to the Site at the scheduled time(s) that the
Permitted Activities will be performed.
7. VERIZON WIRELESS shall not take any actions that unreasonably interrupt
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Verizon Wireless Site Name: WINTERGREEN
the normal operations of LICENSOR on the Site. VERIZON WIRELESS
agrees that its Permitted Activities shall not cause interference to the use or
enjoyment of the property of LICENSOR and any other parties or licensees
located at the Site or neighboring landowners, including, but not
necessarily limited to interference with radio communication facilities. In
the event that VERIZON WIRELESS' equipment or Permitted Activities cause
such interference to such use or enjoyment, VERIZON WIRELESS agrees to
promptly cease operations until such interference is removed by VERIZON
WIRELESS, at its sole expense.
8. Neither party shall be responsible for lost profits or other consequential
damages that may arise out of a breach of this agreement.
9. This Agreement constitutes the entire understanding between the parties
with respect to the activities contemplated by this Agreement. All prior
agreements or understandings, whether oral or written, are superseded.
This Agreement may be amended only by a witnessed document executed
by the parties.
10. This Agreement shall be governed by the laws of the State wherein the Site
is located.
11. The parties may execute this Agreement in counterparts. Each executed
counterpart will constitute an original document, and all executed
counterparts, together, will constitute the same agreement. In the event that
any signature is delivered by facsimile transmission or by e-mail delivery of
a ".pdf" format data file, such signature shall create a valid and binding
obligation of the party executing (or on whose behalf such signature is
executed) with the same force and effect as if such facsimile or ".pdf"
signature page were an original thereof.
[SIGNATURE PAGE IMMEDIATELY FOLLOWING]
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Verizon Wireless Site Name: WINTERGREEN
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their respective seals the day and year first above written.
VERIZON WIRELESS:
CELLCO PARTNERSHIP
d/b/a Verizon Wireless
By:
Anthony Johnson
Sr Mgr -RE /Regulatory
Date: 5/11 /2022
LICENSOR:
By: �G ova
Kathy W. Jarman
Date: 5 — � \ — �L. ,
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Verizon Wireless Site Name: WINTERGREEN
EXHIBIT A
SITE TO BE TESTED
Site Name: WINTERGREEN
Site Address: 1250 Jonestown Rd., Dover, Craven County, NC 28526
Parcel Number 3-032-015
Deed of Record: Book 3185, Page 0367 Register of Deeds for Craven County,
North Carolina
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