Orange County NC Website
Browse       Search
19 <br /> BOCC Draft 6/10/16 <br /> 4404 Guess Road <br /> Durham,NC 27712 <br /> 6.11. Approval by Grantee. In any case where the terms of this Easement require the approval of the Grantee,unless <br /> otherwise stated herein, such approval shall be requested in writing to the Grantee, and the NCDA&CS if required, <br /> in accordance with section 6.11. In any provision of this Easement in which the Grantor is required to provide <br /> advance notice to the Grantee of any activity on the Protected Property, such notice shall be given not less than <br /> thirty(30) calendar days prior to the planned commencement of the activity. If the Grantee's approval is required, <br /> such approval shall be deemed withheld/disapproved unless Grantee provides to the Grantor written notice of <br /> approval within 30 calendar days of receipt of said request. If Grantor has received no response after said 30 <br /> calendar days, Grantor may send a second written notice to Grantee requesting a statement of the reasons for the <br /> disapproval and the Grantee shall respond within 30 calendar days with an explanation for the specific reasons and <br /> basis for its decision to disapprove. <br /> 6.12. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and <br /> supersedes all prior discussions,negotiations,understandings or agreements relating to the Easement. If any <br /> provision is found to be invalid, the remainder of the provisions of this Easement, and the application of such <br /> provision to persons of circumstances other than those as to which it is found to be invalid, shall not be affected <br /> thereby. <br /> 6.13. Availability or Amount of Tax Benefits. Grantee and NCDA&CS, acting by and through NCADFP Trust Fund make <br /> no warranty,representation or other assurance regarding the availability, amount or effect of any deduction, credit or <br /> other benefit to Grantor or any other person or entity under United States or any state,local or other tax law to be <br /> derived from the donation of this Easement or other transaction associated with the donation of this Easement. This <br /> donation is not conditioned upon the availability or amount of any such deduction, credit or other benefit. Grantee <br /> and NCDA&CS make no warranty,representation or other assurance regarding the value of this Easement or of the <br /> Protected Property. As to all of the foregoing, Grantor is relying upon Grantor's own legal counsel, accountant, <br /> financial advisor, appraiser or other consultant and not upon Grantee or NCDA&CS or any legal counsel, <br /> accountant, financial advisor, appraiser or other consultant of Grantee or NCDA&CS. In the event of any audit or <br /> other inquiry of a governmental authority into the effect of this donation upon the taxation or financial affairs <br /> involving Grantor or Grantor's heirs, successors or assigns or other similar matter then Grantee and NCDA&CS <br /> shall be reimbursed and indemnified for any cost or expense of any kind or nature whatsoever incurred by Grantee <br /> in responding or replying thereto. <br /> 6.14. Warranties and Representations of Owner. By signing this Easement, Grantor acknowledges,warrants and <br /> represents to Grantee that: <br /> (a) Grantor has had the opportunity to be represented by counsel of Grantor's and fully understands that Grantor is <br /> hereby permanently relinquishing property rights which would otherwise permit Grantor to have a fuller use and <br /> enjoyment of the Protected Property. <br /> (b) There are no recorded or unrecorded leases or other agreements for the production of minerals or removal of <br /> timber from the Protected Property which would, if any of the activities permitted under such lease or other <br /> agreement was undertaken by Grantor,violate the covenants or restrictions in this Easement or otherwise defeat <br /> the conservation Purpose. <br /> 13 <br />