AG 2018 09 17 - Laserfiche WebLink

Home Browse Search

to, attorney's fees and expenses related to Grantee's violations or failure to enforce the easement against the Grantor up to the amount of the United States contribution to the purchase of the ALE. The Grantee will annually nronitur compliance and provide the United States with an annual monitoring report that documents that the Grantee and Grantor are in compliance with the ALE and ALE Plan. If the annual monitoring report is insufficient or is not provided annually, or if the United States has evidence of an unaddressed violation, as determined by the Secretary, the United States may exercise its right of inspection. For purposes of inspection and enforcement of the ALE, the ALE Plan, and the United States Cooperative Agree" with the Grantee, the United States will have reasonable access to the Protected Propgrty advance notice to Grantee and Grantor or Grantor's representative. (((((( In the event of an emergency, the United States may enter the Protected Pro P�°''y� Y�revent, terminate, or mitigate a potential or unaddressed violation of these resgLcctior�s a , will give notice to Grantee and Grantor or Grantor's representative at the car li1esetTA ticablc time. Additionally, in the event that Grantee fails to enforce any u uof this Agricultural Land Easement, as determined in the sole discretion of the Cohn t ssioner of Agriculture for North Carolina, the Commissioner of Agriculture and his,97 her successors and assigns shall have the right to enfurne the terms of this Agricultural Land Easement through any and all authorities available under federal or state law. Ikthe, event that Grantee attempts to terminate, transfer, or otherwise divest itself of 7VIts, title, or interests of this Agricultural Land Easement without the prior consent of th ssioner of Agriculture and payment of consideration to the State of North CarolirpQWt a t the option of the Commissioner of Agriculture, all right, title, and interest e gricultuml Land Easement shall become vested in the State of North Carolina. N i[ t ding the foregoing, nothing in this paragraph shall affect the United States Right ot4En rcement as set forth above. ART LE REPRESENTATIONS OF THE PARTIES 5. 1, Grantor's Tide Wa he Grantor covenants and represents that the Grantor is the sole owner and is seized f the Protected Property in fee simple and has good right to grant and convey this-0cultural Land Easement; that the Protected Property is free and clear of any and all encum Vinces, including but not limited to, any mortgages not subordinated to this Agricultural Land Easement, and that the Grantee shall have the use of and enjoy all the bcneGts deribed from and arising out of this Agricultural Land Easement subject to existing easements for roads and public and private utilities. 5.2. �r lor's Environmental Warranty. Grantor warrants that Grantor is in compliance with, and will remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, noncompliance or alleged noncompliance with, or any liability under, any Environmental Law relating to the operations or conditions of the Protected Property, Grantor further warrants that they have no actual knowledge of a release or threatened release of Hazardous Materials, as such substances and wastes are defined by applicable Federal and State law. Moreover Grantor hereby promises to hold harmless and indemnify the Grantee and the United States against all litigation, claims, demands, penalties and damages, including F-7 Page 155