ORD-2016-025 Ordinance approving Budget Amendment #10-B related to the Conservation Easement for the Captain John S. Pope Farm

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15 BOCC Draft 6/10/16 Contract#G20100322816ADF, a copy of which is kept on file with the NCADFP Trust Fund. The terms of said contract are hereby incorporated by reference as if fully set forth herein. Grantee shall have the right to prevent violations and remedy violations of the terms of this Easement through judicial action,which shall include,without limitation,the right to bring proceedings in law or in equity against any party or parties attempting to violate the terms of this Easement. Except when an ongoing or imminent violation could irreversibly diminish or impair the Conservation Values of the Protected Property, the Grantee shall give the Grantor and NCDA&CS written notice of the violation and Grantor shall have thirty(30) days to cure the violation, before commencing any legal proceedings. If a court of competent jurisdiction determines that a violation may exist or has occurred, the Grantee may obtain an injunction to stop the violation, temporarily or permanently. The parties agree that a court may issue an injunction or order requiring the Grantor to restore the Protected Property to its condition prior to the violation, as restoration of the Protected Property may be the only appropriate remedy. The failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time. 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 a violation has occurred Grantee shall have the right to recover its legal costs from the Grantor,including attorney's fees or expenses associated with any enforcement or remedial action as it relates to the enforcement of this Conservation Easement. 4.8. Rights of the State of North Carolina. In the event that the Grantee fails to enforce any of the terms of this Conservation Easement, as determined in the discretion of the NCDA&CS, the said Commissioner of Agriculture and their successors and assigns shall have the right to enforce the terms of this Conservation Easement through any and all authorities available under federal or state law. 4.9. Rights of Enforcement. Under this Conservation Easement, the State of North Carolina is granted the right of enforcement in order to protect the public investment. The Commissioner of the North Carolina Department of Agriculture(the Commissioner) or his or her assigns, on behalf of the State of North Carolina,may exercise this right of enforcement under any authority available under State or Federal law if Grantee knowingly fails to enforce any of the terms of this Conservation Easement, as determined in the sole discretion of the Commissioner. The State of North Carolina shall have the right to recover any and all administrative and legal costs from the Grantee,including attorney's fees or expenses associated with any enforcement or remedial action as it relates to the enforcement of this Conservation Easement. In the event that Grantee knowingly fails to enforce any of the terms of this Conservation Easement, as determined in the sole discretion of the Commissioner of Agriculture for North Carolina, the said Commissioner of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the Conservation Easement through any and all authorities available under Federal or State law. In the event that Grantee attempts to terminate,transfer, or otherwise divest itself of any rights,title, or interests of this Conservation Easement without the prior consent of the Commissioner of Agriculture and payment of consideration to the State of North Carolina,then, at the option of the Commissioner of Agriculture, all right, title, and interest in the Conservation Easement shall become vested in the State of North Carolina. ARTICLE V. REPRESENTATIONS OF THE PARTIES 9