Orange County NC Website
Browse       Search
Draft #4 clean (9/14/04) <br />19. Enforcement <br />21 <br />With reasonable advance notice to the Grantors or with the Grantors' prior verbal <br />consent, Grantee shall have the right to enter the Property for the purpose of inspecting for <br />compliance with the terms of this Conservation Easement, Grantee shall have the right to prevent <br />violations and remedy violations of the terms of'this Conservation Easement through judicial <br />action, which shall include, without limitation, the right to bring proceedings in law or in equity <br />against any party or' parties attempting to violate the terms of this Conservation Easement.. <br />Except when an ongoing, or imminent violation could irreversibly diminish or impair the <br />conservation values of the Property, Grantee shall give the Grantors written notice of the <br />violation and thirty (30) days to cure the violation, before commencing any legal proceedings. <br />Grantee may obtain an injunction to stop a violation or a threatened violation, temporarily or <br />permanently. The parties agree that a court may issue an injunction or order requiring the <br />Grantors to restore the Property to its condition prior to the violation, as restoration of the <br />property maybe the only appropriate remedy. In any case where a court finds that a violation has <br />occurred, the Grantors shall reimburse Grantee for al] its expenses incurred in stopping and <br />correcting the violation, including but not limited to reasonable attorneys' fees.. The failure of <br />Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at <br />a later time for that violation or any subsequent violations. In any case where a court finds no <br />such violation has occurred, each party shall bear its own costs, In any case where the court finds <br />drat there was a complete absence of a,justiciable issue of either law or fact raised by the losing <br />party, the court may award a reasonable attorney's fee to the prevailing party as provided bylaw.. <br />20. Ti•arrsfer of Conservation Easement <br />Either of the pazties Grantee shall have the right to transfer, assign, convey, or otherwise <br />to co-hold the Conservation Easement created by this Deed to any public agency or private <br />nonprofit organization that, at the time of transfer, is a qualified organization under Section <br />170(h) of the U,S, Internal Revenue Code, as amended and under NCGS 121-.34 et seq,, provided <br />the agency or organization expressly agrees to assume the responsibility imposed on Grantee by <br />this Deed. If both parties Grantee ever cease to exist or no longer qualify under Section 170(h) of <br />the U.S. Internal Revenue Code, or applicable state law, a court with,jurisdiction shall transfer <br />this Conservation Easement to another qualified organization having similar purposes that agrees <br />to assume the responsibility imposed by this Conservation Easement. <br />21. Transfer of Aroperty <br />The Grantors agree to incorporate by reference the terms of this Conservation Easement <br />in any deed or other legal instrument by which they transfer or divest themselves of any interests, <br />including leasehold interests, in all or a portion of the Property. The Grantors shall notify <br />Grantee in writing at least thirty (30) days before conveying the Property, or any part thereof or <br />interest therein. Failure of Grantors to incorporate by reference the terms of this Conservation <br />Easement in an instrument of transfer or conveyance or to notify Grantee of a transfer or <br />