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Agenda - 01-04-1993 - III-D
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Agenda - 01-04-1993 - III-D
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1/4/2017 3:22:44 PM
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BOCC
Date
1/4/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
III-D
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Minutes - 19930104
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\Board of County Commissioners\Minutes - Approved\1990's\1993
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15 <br /> Grantee are free to jointly amend this Agreement. Any such amendment <br /> shall be recorded in the Orange County Register of Deeds. <br /> 11. Transfers. Grantors agree to give written notice to Grantee of the <br /> transfer of any interest at least ten (10) days prior to the date of <br /> such transfer. The failure of Grantors to perform any act required by <br /> this paragraph shall not impair the validity of this Agreement. <br /> 12. Notices. Any notice, request or communication that either party <br /> desires or is required to give to the other shall be in writing and <br /> either served personally or sent by first class mail, postage prepaid, <br /> addressed as follows: <br /> To Grantors: Stewart G. Barbour <br /> Josephine H. Barbour <br /> 2303 St. Mary's Road <br /> Hillsborough, North Carolina 27278 <br /> To Grantee: Orange County <br /> c/o Beverly Blythe, Clerk to the <br /> Board of County Commissioners <br /> P.O. Box 8181 <br /> Hillsborough, North Carolina 27278 <br /> or to such other address as either party from time to time shall <br /> designate by written notice to the other. <br /> 13 . Recordation. Grantee shall record this instrument in timely fashion <br /> in the Orange County Register of Deeds and may re-record it at any <br /> time as may be required to preserve its rights in this Agreement. <br /> 14. General Provisions. <br /> (a) Controllinct Law. The interpretation and performance of this <br /> Agreement shall be governed by the laws of the State of North <br /> Carolina and, in particular, by the Farmland Preservation <br /> Enabling Act (Chapter 106, Article 61) and by the Historic <br /> Preservation and Conservation Agreements Act (Chapter 121, <br /> Article 4) of the North Carolina General Statutes, and by the <br /> Orange County Voluntary Farmland Preservation Program Ordinance. <br /> (b) Liberal Construction. Any general rule of construction to the <br /> contrary notwithstanding, this Agreement shall be liberally <br /> construed in favor of the grant to effect the purpose of this <br /> Agreement. If any provision in this instrument is found to be <br /> ambiguous, an interpretation consistent with the purpose of this <br /> Agreement that would render the provision valid shall be favored <br /> over any interpretation that would render it invalid. <br /> (c) Separability. If any provision of this Agreement, or the <br /> application thereof to any person or circumstance, is found to be <br /> invalid, the remainder of the provisions of this Agreement, or <br /> the application of such provision to persons or circumstances <br /> other than those as to which it is found to be invalid, as the <br /> case may be, shall not be affected thereby. <br />
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