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4. The County shall secure the appropriate appraisals to determine the realty value <br />of the conservation easement covering one or more of the priority tracts identified in the <br />County's enhancement application. The appraisal shall be submitted to the Department's Right <br />of-Way Branch for review and approval in accordance with Departmental policies and <br />procedures. Upon execution of this Agreement, the County's attorney shall be responsible for <br />the recording of the conservation easement in a format acceptable to the Department. The <br />County shall follow the Department's standard appraisal procedures for highway right of way <br />acquisition. Upon recordation of a satisfactory conservation easement, the Department will pay <br />to the County eighty percent (80%) of the costs of the environmental assessment, realty <br />appraisals, surveys, closing costs, and the approved appraised fair market value of a <br />conservation easement up to the maximum award of ONE HUNDRED FORTY-ONE <br />THOUSAND TWO HUNDRED SIXTY-NINE DOLLARS ($141,269). Appraisals, surveys, and <br />closing costs, if any, must be pre-approved by the Department's Right of Way Branch. <br />5. Upon final settlement with the County, the County shall be solely responsible for <br />any damages caused by the existence of contaminated and/or hazardous material and shall, to <br />the extent permitted by North Carolina law, save the Department harmless from any legal <br />actions arising as a result of said material. Furthermore, the County, to the extent allowable by <br />law, shall be responsible for ensuring, in the acquisition of the conservation easement(s), <br />compliance with all State, Federal, and local environmental laws and regulations and <br />ordinances and shall indemnify the Department against any fines, assessments or other <br />penalties resulting from noncompliance. <br />-3- <br />