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AG 2018 09 17
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AG 2018 09 17
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Last modified
5/8/2019 7:18:45 PM
Creation date
5/2/2019 12:14:31 PM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2018
Board
Board of Commissioners
Meeting Type
Regular
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Protected Property to determine whether the Grantor, its successors or assigns are complying <br />with the terms, conditions and restrictions of this Agricultural Land Easement. <br />4.7. Enforcement. The Grantee shall have the primary responsibility for management and <br />enforcement of the terms of this Agricultural Land Easement. <br />Due to the State's interest in this Agricultural Land Easement, the Grantee shall have the <br />primary responsibility for management, monitoring, and enforcement of the terms of this <br />Agricultural Land Easement, subject to the rights of the NCDA&CS. Grantee shall cora tete <br />and file the annual monitoring reports as stipulated in the ADFP Grant, a copy of whic)ept <br />on file with the NCADFP Trust Fund. The terms of such contract are hereby incorptyate y <br />reference as if fully set forth herein. �71 <br />Gantee shall have the right to prevent violations and remedy violations of t e tf this <br />Agricultural Land Easement through judicial action, which shall includ wit ti[atien, <br />the right to bring proceedings in law or in equity against any party or l3iialleg attempting to <br />violate the terms of this Agricultural Land Easement. Except when ongoing or imminent <br />violation could irreversibly diminish or impair the Conservatio,p Value"f the Protected <br />Property, the Grantee shall give the Grantor and NCDA&CS36 httdn notice of the violation <br />and Grantor shall have thirty (30) days to cure the violation, before commencing any legal <br />proceedings. If a court withjurisdiction determines that ��I,lqCation may exist or has occured, <br />the Grantee may obtain an injunction to stop the violatft I.Q11porarily or permanently. <br />Grantor, Grantee and NCDA&CS agree that a co rssue an injunction or order requiring <br />the Grantor to restore the Protected Property to its, Bion prior to the violation, as <br />restoration of the Protected Property may be the only appropriate remedy. The failure of the <br />Grantee to discover a violation or to take ip ernshate legal action shall not bar it from doing so <br />at a later time. In any case where a coulISD& no such violation has occurred, Grantor, <br />Grantee and NCDA&CS shall be tsw osts. <br />4.8. Rights of the State of North oliva. <br />Subject to the Unitedates' >t of enforcement in Paragraph 4.9 below, in the event that the <br />Grantee fails to enforce f the terms of this Agricultural Land Easement, as determined in <br />the discretion of th'Z &CS, the said Commissioner of Agriculture and his or her <br />successors and asci Y s ll have the right to enforce the terms of this Agricultural Land <br />Easement t}ai +lr any and all authorities available under federal or state law. <br />4.9. Unit es RRil ht of Enforcement. Pursuant to 16 U.S.C. § 3865 et sen., the United States is <br />914 -di IcTigin of enforcement that it may exercise only if the terms of the ALE are not <br />cnf,oTWIby the Grantee. The Secretary of the United States Department of Agriculture <br />A") or his or het assigns, on behalf of the United States, may exercise this right of <br />d�tomernent under any authority available under state or federal law if Grantee, or its <br />successors or assigns, fails to enforce any of the terns of this ALE, as determined in the sole <br />discretion of such Secretary. <br />In the event the United States exercises this right of enforcement to recover any and all <br />administrative and legal costs associated with any enforcement or remedial action related to <br />the enforcement of this Easement from the Grantor, including, but not limited to, attorney's <br />fees and expenses related to Grantor's violations. In the event the United States exercises this <br />right of enforcement, it is entitled to recover any and all administrative and legal costs <br />associated with any enforcement of this Easement from the Grantee, including, but not limited <br />F-7 Page 154 <br />
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