Orange County NC Website
and are not intended to affect any other natural resources conservation requirements to which the <br />Grantor may be or become subject. <br />where parcels are being enrolled in FRPP based on historical and archaeological <br />resources include, at minimum, a paragraph identifying standards and guidelines for <br />treatment and maintenance of these resources is required within the deed. These <br />guidelines should be based on the Secretary of the Department of the Interior's <br />Standards and Guidelines for Historic Preservation. Orange County will ensure that <br />title restriction to protect any historical and archaeological structure(s) is appended to <br />the Conservation Easement Deed and included in any succeeding transfers; and <br />6. include the following "Right of Enforcement" provision: <br />Under this Conservation Easement, the United States is granted the right of <br />enforcement in order to protect the public investment. The Secretary of the United <br />States Department of Agriculture (the Secretary) or his or assigns on behalf of the <br />United States, may exercise this right of enforcement under any authorities available <br />under State or Federal law if Orange County fails to enforce any of the terms of this <br />Conservation Easement, as determined in the sole discretion of the Secretary. <br />7. include the following "General Indemnification" provision: <br />"General Indemnification. Grantor shall indemnify and hold harmless the United <br />States, its employees, agents, and assigns for any and all liabilities, claims, demands, <br />losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions, and costs <br />of actions, sanctions asserted by or on behalf of any person or governmental authority, <br />and other liabilities (whether legal or equitable in nature and including, without <br />limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to <br />which Grantee may be subject or incur relating to the Protected Property, which may <br />arise from, but are not limited to, Grantor's negligent acts or omissions or Grantor's <br />breach of any representation, warranty, covenant, or agreements contained in this <br />Conservation Easement Deed, or violations of any Federal, State, or local laws, <br />including all Environmental Laws." <br />8. include the following "Environmental Warranty" provision: <br />"Environmental Warranty. Grantor warrants-that it is in compliance with, and shall <br />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 <br />of, non-compliance or alleged non-compliance with or any liability under any <br />Environmental Law relating to the operations or conditions of the Protected Property. <br />Grantor further warrants that it has no actual knowledge of a release or threatened <br />release of Hazardous Materials, as such substances and wastes are defined by <br />applicable federal and state law. <br />7 <br />