1999 S ERCD - Voluntary Agricultural District Designation - Property of Robert E. Strayhorn

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BODK 1936 PAGE 413 (e) To have the Grantee take into account the existence and terms of this Agreement, and the provisions of N.C. General Statute 153A-340 in land use planning decisions and ordinances affecting the Property as well as parcels of land adjacent thereto. 4. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of this Agreement is prohibited; provided, however, from and after the date of this Agreement, the creation of no more than three (3) lots that meet applicable zoning and/or subdivision regulations is permitted. 5. Access. No right of access by the general public to any portion of the Property is conveyed by this Agreement. 6. Grantee's Remedies. If Grantee determines that Grantor no longer meets the criteria necessary for certification as qualifying farmland and designation as a District, Grantee shall be given written notice to Grantors of such non-compliance. Grantor may take corrective action sufficient to bring the Property into compliance or may seek to extinguish the terms of this Agreement pursuant to paragraph 7. 7. Revocation. By written notice to the Grantee, the Grantor may revoke this Agreement as provided for by Section VI of the Orange County Voluntary Farmland Preservation Program Ordinance and by N.C. General Statute 106-737.1 (Farmland Preservation Enabling Act). A record of the revocation shall be recorded in the Orange County Register of Deeds and shall result in loss of eligibility to participate in a voluntary agricultural district and the benefits thereof. 8. Condemnation. If the Property is taken, in whole or in part, by exercise of the power of eminent domain, Grantor shall be entitled to compensation in accordance with applicable law. 9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property. Grantor shall hold harmless Grantee and its Board of Commissioner members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively, "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) Injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) The obligations specified in paragraph 9; and (3) The existence or administration of this Agreement.