Orange County NC Website
Browse       Search
8 . Hazardous Waste. Grantors covenant and warrant to Grantee <br /> that Grantors have no knowledge of the existence of hazardous <br /> substances or toxic waste on the Protected Property and have no <br /> knowledge that hazardous substances or toxic waste have been <br /> generated, treated, stored, used, disposed of, or deposited in or <br /> on the Protected Property, and have no knowledge of the existence <br /> of any underground storage tanks on the Protected Property. <br /> 9 . Grantee' s Right to Inspect and Remedies . If Grantee has <br /> reasonable grounds upon which to suspect that a violation of the <br /> terms of this Conservation Easement has occurred, Grantee shall <br /> give notice to Grantors, at Grantors' s last known post office <br /> address, of its desire to inspect the Protected Property or any <br /> specific portion thereof via certified mail, return receipt <br /> requested. Within thirty (30) days of receipt of said notice, <br /> Grantors shall provide the Grantee with access to the Protected <br /> Property at a reasonable time or times for the purpose of <br /> inspecting to determine if a violation of the terms of this <br /> Conservation Easement has occurred. <br /> If a violation of the terms of this Conservation Easement <br /> occurs, Grantee shall give notice to Grantors, at Grantors' s last <br /> known post office address, of such violation via certified mail, <br /> return receipt requested, and request corrective action sufficient <br /> to abate such violation and restore the Protected Property to its <br /> previous condition at the time of this grant. Failure by Grantors <br /> to abate the violation and take such other corrective action as may <br /> be requested by Grantee within sixty (60) days after receipt of <br /> such notice shall entitle Grantee to bring an action at law or <br /> equity in a court of competent jurisdiction to enforce the terms of <br /> this Conservation Easement; to require the restoration of the <br /> Protected Property to its previous condition; to seek to enjoin the <br /> noncompliance by ex parte temporary or permanent injunction in a <br /> court of competent jurisdiction; and to recover any damages, <br /> arising from the noncompliance. Grantors agree that Grantee' s <br /> remedies at law for any violation of the terms of this Conservation <br /> Easement are inadequate and that Grantee shall be entitled to the <br /> injunctive relief described in this paragraph, both prohibitive and <br /> mandatory, in addition to such other relief to which Grantee may be <br /> entitled, including specific performance of the terms of this <br /> Conservation Easement, without the necessity of proving either <br /> actual damages or the inadequacy of otherwise available legal <br /> remedies . Grantee' s remedies described in this paragraph are <br /> cumulative and in addition to all remedies now or hereafter <br /> existing at law or in equity. Damages, when recovered, may be <br /> applied by Grantee, in its sole discretion, to corrective action on <br /> the Protected Property. Any costs incurred by Grantee in enforcing <br /> the terms of this Conservation Easement against Grantors, <br /> including, without limitation, costs of suit and attorneys, fees, <br /> and any costs of restoration necessitated by Grantors' s violation <br /> of the terms of this Conservation Easement shall be borne by <br /> Grantors . If Grantors prevail in any action to enforce the terms of <br /> this Conservation Easement, Grantors' s cost of suit, including, <br /> without limitation, attorneys' fees, shall be borne by Grantee . <br />