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