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Agenda - 08-03-1992
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Agenda - 08-03-1992
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BOCC
Date
8/3/1992
Meeting Type
Regular Meeting
Document Type
Agenda
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17 <br />(e) To have the Grantee take into account the existence and terms of <br />this Agreement, and the provisions of N.C. General Statute 153A- <br />340 in land use planning decisions and ordinances affecting the <br />Property as well as parcels of land adjacent thereto. <br />4. Prohibited Uses. Any activity on or use of the Property inconsistent <br />with the purpose of this Agreement is prohibited; provided, however, <br />from and after the date of this Agreement, the creation of no more <br />than three (3) lots that meet applicable zoning and /or subdivision <br />regulations is permitted. <br />5. Access. No right of access by the general public to any portion of <br />the Property is conveyed by this Agreement. <br />6. Grantee's Remedies. If Grantee determines that Grantors no longer <br />meet the criteria necessary for certification as qualifying farmland <br />and designation as a District, Grantee shall give written notice to <br />Grantors of such non - compliance. Grantors may take corrective action <br />sufficient to bring the Property into compliance or may seek to <br />extinguish the terms of this Agreement pursuant to paragraph 7. <br />7. Revocation. By written notice to the Grantee, the Grantor may revoke <br />this Agreement as provided for by Section VI of the Orange County <br />Voluntary Farmland Preservation Program Ordinance and by N.C. General <br />Statute 106 -737.1 (Farmland Preservation Enabling Act). A record of <br />the revocation shall be recorded in the Orange County Register of <br />Deeds and shall result in loss of eligibility to participate in a <br />voluntary agricultural district and the benefits thereof. <br />8. Condemnation. If the Property is taken, in whole or in part, by <br />exercise of the power of eminent domain, Grantor shall be entitled to <br />compensation in accordance with applicable law. <br />9. Costs and Liabilities. Grantors retain all responsibilities and shall <br />bear all costs and liabilities of any kind related to the ownership, <br />operation, upkeep, and maintenance of the Property._Grantors shall <br />hold harmless Grantee and its Board of Commissioner members, <br />directors, officers, employees, agents, and contractors and the heirs, <br />personal representatives, successors, and assigns of each of them <br />(collectively "Indemnified Parties ") from and against all liabilities, <br />penalties, costs, losses, damages, expenses, causes of action, claims, <br />demands, or judgments, including, without limitation, reasonable <br />attorneys' fees, arising from or in any way connected with: <br />(1) Injury to or the death of any person, or physical damage to <br />any property, resulting from any act, omission, condition, <br />or other matter related to or occurring on or about the <br />Property, regardless of cause, unless due solely to the <br />negligence of any of the Indemnified Parties; <br />(2) <br />The <br />obligations <br />specified in paragraph <br />9; and <br />(3) <br />The <br />existence or <br />administration of this <br />Agreement. <br />
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