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AG 2012 09 17
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AG 2012 09 17
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Last modified
9/19/2012 8:08:08 AM
Creation date
11/27/2017 11:11:19 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2012
Board
Board of Commissioners
Meeting Type
Regular
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Attachment E <br />qualified organization having similar purposes that agrees to assume the responsibility imposed by this <br />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 encumbrances on <br />the Property to the Commissioner of Agriculture and hereby promise to defend the same against all claims <br />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 hazardous <br />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 responsibility <br />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 and <br />all costs, claims or liability, including but not limited to reasonable attorneys' fees arising from any personal <br />injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the <br />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, The <br />Grantee shall have the right to prevent violations and remedy violations of the terms of this Conservation <br />Easement through judicial action. The parties agree that a court may issue an injunction or order requiring the <br />Grantor(s) to restore the Property to its condition prior to the violation as restoration of the property may be <br />the only appropriate remedy. In any case where a court finds that a violation has occurred, the Grantor(s) <br />shall reimburse the Grantee for all its expenses incurred in stopping and correcting the violation, including but <br />not limited to court costs, attorneys' fees, and any other costs incurred with onsite remediation. The failure of <br />the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later <br />time. In any case where a court finds no 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 determined in <br />the sole discretion of the Commissioner of Agriculture, the said Commissioner of Agriculture and his or her <br />successors and assigns shall have the right to enforce the terms of the Conservation Easement through any <br />and all authorities available under Federal or State law. In the event that Grantee attempts to terminate, <br />transfer, or otherwise divest itself of any rights, title, or interests of this Conservation Easement without the <br />prior consent of the Commissioner of Agriculture and payment of consideration to the State of North Carolina, <br />then, at the option of the Commissioner of Agriculture, all right, title, and interest in this Conservation <br />Easement shall become vested in the State of North Carolina. <br />Attachment number 3 <br />F -6 Page 131 <br />
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