My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
AG 2014 09 15
CabarrusCountyDocuments
>
Public Meetings
>
Agendas
>
BOC
>
2014
>
AG 2014 09 15
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
10/21/2014 3:05:30 PM
Creation date
11/27/2017 10:50:44 AM
Metadata
Fields
Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/15/2014
Board
Board of Commissioners
Meeting Type
Regular
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
264
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Attachment E <br />U,S.C. ;170(h) of the Internal Revenue Code, or applicable state law, a court with jurisdiction shall <br />transfer this Conservation Easement to another qualified organization having similar purposes that <br />agrees to assume the responsibility imposed by this Conservation Easement. <br />N. Grantor's Title Warranty <br />The Grantor(s) warrant that they hold fee simple title to the Property and must disclose any <br />encumbrances on the Property to the Commissioner of Agriculture and hereby promise to defend the <br />same against all claims that may be made against it. <br />O. Parties in Interest <br />If the Grantor(s) are multiple parties in interest or a trust, all signatures obtained must be by authorized <br />officers or parties. <br />P. Grantor's Environmental Warranty <br />The Grantor(s) warrant that they have no actual knowledge of a release or threatened release of <br />hazardous substances or wastes on the Property. <br />Q. Obligations <br />Other than as specified herein, this Conservation Easement does not impose any legal or other <br />responsibility on the Grantee or the State of North Carolina. <br />R. Liability and Indemnification <br />The Grantor(s) agree to indemnify and hold Grantee and the State of North Carolina harmless from any <br />and all costs, claims or liability, including but not limited to reasonable attorneys' fees arising from any <br />personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless <br />due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. <br />S. Enforcement <br />With reasonable advance written notice to the Grantor(s), the Grantee shall have the right to enter the <br />Property for the purpose of inspecting for compliance with the terms of this Conservation Easement. <br />The Grantee shall have the right to prevent violations and remedy violations of the terms of this <br />Conservation Easement through judicial action. The parties agree that a court may issue an injunction <br />or order requiring the Grantor(s) to restore the Property to its condition prior to the violation as <br />restoration of the property may be the only appropriate remedy. In any case where a court finds that a <br />violation has occurred, the Grantor(s) shall reimburse the Grantee for all its expenses incurred in <br />stopping and correcting the violation, including but not limited to court costs, attorneys' fees, and any <br />other costs incurred with onsite remediation. The failure of the Grantee to discover a violation orto take <br />immediate legal action shall not bar it from doing so at a later time. In any case where a court finds no <br />such violation has occurred, each party shall bear its own costs. <br />In the event that Grantee fails to enforce any of the terms of this Conservation Easement, as <br />determined in the sole discretion of the Commissioner of Agriculture, the said Commissioner of <br />Agriculture and his or her successors and assigns shall have the right to enforce the terms of the <br />Conservation Easement through any and all authorities available under Federal or State law_ In the <br />event that Grantee attempts to terminate, transfer, or otherwise divest itself of any rights, title, or <br />interests of this Conservation Easement without the prior consent of the Commissioner of Agriculture <br />and payment of consideration to the State of North Carolina, then, at the option of the Commissioner of <br />Attachment number 2 <br />F -7 Page 237 <br />
The URL can be used to link to this page
Your browser does not support the video tag.