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Agenda - 10-05-2004-6d
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Agenda - 10-05-2004-6d
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9/2/2008 2:24:26 AM
Creation date
8/29/2008 10:24:36 AM
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BOCC
Date
10/5/2004
Document Type
Agenda
Agenda Item
6d
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n,-afr siz6ioa z 3 <br />which case liability shall be as provided bylaw. In addition, Grantors agree to maintain liability <br />insurance covering the Property with the limits as follows: $300,000, $.300,000 personal injury; <br />and $.300,000 property damage; and warrant that Grantee is and will remain a named insured on <br />Grantors' Property insurance policies covering the Property. Grantors shall provide Grantee with <br />a certificate of insurance coverage on the effective date of this Conservation Easement and within <br />10 days of each insurance renewal date. <br />18. Extinguishment ofnevelopnrent Rights <br />Except as otherwise reserved to the Grantors in this Conservation Easement, the parties <br />agree that all development rights appurtenant to the Property are hereby released, terminated and <br />extinguished, and may not be used on or transferred to any portion of the Property as it now or <br />hereafter may be bounded or described, or used or transferred to any other property adjacent or <br />otherwise, nor used for the purpose of calculating permissible lot yield of the Property or any <br />other property. <br />19. Errfor°cenrerrt <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. Irr any case where a court Finds that a violation has <br />occurred, the Grantors shall reimburse Grantee for all 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 />that 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 by law. <br />20. Transfer of Conservation Easement <br />Either of the parties 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 />
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