Agenda - 05-03-2011 - 8a - Laserfiche WebLink

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Sykes Agricultural Conservation Easement Draft #3 CLEAN ~ 9 limitation, the right to bring proceedings in law or inequity against any party or parties attempting to violate the terms of this Conservation Easement. Except when an ongoing or immi.n.ent violation could irreversibly diminish or impair the Conservation values of the Protected Property, Grantee shall give the Grantor written notice of the violation and thirty X30} days to cure the violation, before commencing any legal proceedings. Grantee may obtain an injunction to stop a violation ar a threatened violation, temporarily or permanently. The parties agree that a court may issue an injunction or order requiring Grantor to restore the Protected Property to its condition prior to the violation, as restoration of the property may be the only appropriate remedy. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time for that violation ar any subsequent violations. In any case where a court finds no such violation has occurred, each party shall bear its own costs. In any case where the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party, the court may award a reasonable attorney's fee to the prevailing party as provided by applicable law. To the extent required by law, the preceding sentence does not apply to the United States should the United States became the Grantee under this easement. Under this Conservation Easement, the United States is granted the right of enforcement in order to protect the public investment. The Secretary of the United States Department of Agriculture the Secretary} or his or her assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under State or Federal law if the Grantee or NCDACS fails to enforce any of the terms of this Conservation Easement, as determined in the sole discretion of the Secretary: 19. Transfer of Conservation Easement Subject to the contingent rights of the United States ofAmerica as specified in Paragraph 1 S and other pertinent paragraphs herein, and with timely written notice to and approval of the United States Department of Agriculture, Grantee shall have the right to transfer the Easement created by this Deed to any public agency, provided the agency or organization expressly agrees to assume the responsibility imposed an the Grantee by this Deed and has the necessary authority to hold and administer conservation easements. 20. Transfer of P~^opeYty The Crrantor agrees to incorporate by reference the terms of this Conservation Easement in any deed or other legal instrument by which they transfer or divest themselves of any interests, including leasehold interests, in all or a portion of the Protected Property. Grantor shall notify Grantee in writing at least thirty ~3 0} days before conveying the Protected Property, or any part thereof or interest therein. Failure of Grantor to incorporate by reference the terms of this Conservation Easement in an instrument of transfer or conveyance or to notify Grantee of a transferor conveyance shall not impair the validity of this Conservation Easement or limit its enforceability in any way. Page 13 0~ ZO