2015-107 DEAPR - Triangle Land Conservancy for MOA to Use Well

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11/18/14 by the County, its employees, agents or third party contractors, except to the extent the same are caused by the negligence or misconduct of the Conservancy. C. CONSERVATION EASEMENTS: The parties acknowledge that the Conservancy's said property is encumbered by two conservation easements, one held by the State of North Carolina (NC Clean Water Management Trust Fund) recorded at Deed Book 4952 Page 478 in the Orange County Registry, and the other held by the Association for the Preservation of the Eno River Valley recorded at Deed Book 5224 Page 391 in the Orange County Registry, copies of which are attached hereto as Exhibits A and B, respectively. The County agrees that it shall not violate the terms of either conservation easement, and that if such a violation shall occur as the result of the use of the property hereunder by the County, it's employees, agents, or third party contractors, the County will restore the property to its condition prior to the occurrence of the violation, and will hold the Conservancy harmless from any loss, claims, cost, expense, liability, action or judgment, including attorney's fees, arising out of or related to such violation. D. AMENDMENTS: This agreement may be amended by mutual written agreement of the Conservancy and the County. E. TERM: This agreement shall exist and continue for a period of ten (10) years, beginning December 1, 2014 and ending November 30, 2024, and may be extended thereafter for successive five-year periods upon the mutual agreement of the parties. F. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement of the parties hereto. IN WITNESS WHEREOF, the parties to this Agreement have duly and validly approved it and caused it to be executed in their behalf by the undersigned agents. This,the 1 day of IVOVEM 8C e, 2014. TRIANGLE LAND CONSERVANCY B Chad Jemi n, Executive Director ATTEST B Ben an , CFO