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