2006 S ERCD - Agreement for County Co-Holding of Conservation Easements with the Eno River Association

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p~~ ~,~~y/aoo6 S~-e- AGREEMENT REGARDING CO-HOLDING OF CONSERVATION EASEMENTS THIS AGREEMENT is made by and between ORANGE COUNTY, an elected local body of local government of North Carolina, herein "County," and the ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER VALLY, INC., a North Carolina non-profit corporation, herein "Eno River Association." WITNESSETH WHEREAS, ORANGE COUNTY seeks to protect and promote water quality, natural areas and wildlife habitat, open space, and agricultural land uses in Orange County by acquiring Conservation Easements consistent with an adopted Lands Legacy action plan; and WHEREAS, the ENO RIVER ASSOCIATION seeks to protect the nature, culture and history of the Eno River basin by acquiring Conservation Easements along the Eno River and its tributaries; and WHEREAS, ORANGE COUNTY and the ENO RIVER ASSOCIATION have found it beneficial to both their conservation programs, and in some instances preferable to interested Orange County landowners, to jointly negotiate to acquire Conservation Easements on lands that both have interests in protecting; and WHEREAS, ORANGE COUNTY and the ENO RIVER ASSOCIATION desire to enter into this Agreement to clarify and formalize their understanding about how such Joint Conservation Easements will be acquired, financed, managed and enforced; NOW, THEREFORE, ORANGE COUNTY and the ENO RIVER ASSOCIATION agree: 1. Orange County and the Eno River Association may undertake and agree to acquire by purchase or donation Conservation Easements on lands located within areas both have an interest in and desire to protect. 2. Such Conservation Easements shall run in favor of both the County and the Eno River Association, and shall include language protective of the interests of the County and the Eno River Association as finally approved by the Board of County Commissioners and the Board of Directors of the Eno River Association or their delegates, and providing that such Joint Easements maybe enforced by either or both parties. Orange County and the Eno River Association agree to cooperate with each other in activities necessary to assure compliance with, and enforcement of such Conservation Easements. 3. Orange County and the Eno River Association will share the cost of acquiring such easements as they shall determine on a case-by-case basis. Each entity shall cooperate fully with the other by all reasonable means to assist in applications for reimbursement of the acquisition costs of such Joint Conservation Easements. Notwithstanding the foregoing, any reports or information required for either entity to seek separate reimbursement for its costs shall be paid by that entity. Each entity shall pay its own attorneys fees. Page 1 of 2