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Agenda - 05-15-2007-3b
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Agenda - 05-15-2007-3b
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Last modified
9/1/2008 10:57:05 PM
Creation date
8/28/2008 11:49:04 AM
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Template:
BOCC
Date
5/15/2007
Document Type
Agenda
Agenda Item
3b
Document Relationships
Minutes - 20070515
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2007
RES-2007-038 Resolution of Approval – Conservation Easement for the Lee Farm
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2007
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Lee Farm Conservation Easement BOCC Draft a ~ <br />Grantors warrants that they are in compliance with and shall remain in compliance with, <br />all applicable Environmental Laws. Grantors warrant that there are no notices by any <br />governmental authority of any violation or alleged violation of, non-compliance or alleged non- <br />compliance with or any liability under any Environmental Law relating to the operations or <br />conditions of the Property. <br />Grantors warrant that they have no actual knowledge of a release or threatened release of <br />any Hazardous Materials on, at, beneath or from the Property exceeding regulatory limits. <br />Moreover, Grantors hereby promise to indemnify and hold harmless Grantee and the United <br />States against all costs, claims, demands, penalties and damages, including reasonable attorney <br />fees, arising from or connected with the release or threatened release of any Hazardous Materials <br />on, at, beneath or from the Property, or arising from or connected with a violation of any <br />Environmental Laws by Grantor or any other prior owner of the Property. Grantors' <br />indemnification obligation shall not be affected by any authorizations provided by Grantee to <br />Grantors with respect to the Property or any restoration activities carried out by Grantee at the <br />Property; provided, however, that Grantee shall be .responsible for any Hazardous Materials <br />contributed after this date to the Property by Grantee. <br />32. Entire Agreement <br />This instrument sets forth the entire agreement of the parties with respect to the <br />Conservation Easement and supersedes all prior discussions, negotiations, and understandings or <br />agreements relating to the said easement. <br />33. Recording Clause <br />Grantee shall record this instrument and any amendment hereto in timely fashion with the <br />Office of the Register of Deeds of Orange County, North Carolina, and may re-record it at any <br />time as maybe required to preserve its rights under this Conservation Easement. <br />TO HAVE AND TO HOLD this Deed of Conservation Easement unto Grantee, its <br />successors and assigns, forever. <br />[The remainder of this page is intentionally left blank. Signature page follows.] <br />Page 15 of 17 <br />
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