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BOOK 1510 PAGE 440 <br /> (e) To have the Grantee take into account the existence and terms of this Agreement, <br /> and the provisions of N.C. General Statute 153A-340 in land use planning <br /> decisions and ordinances affecting the Property as well as parcels of land adjacent <br /> thereto. <br /> 4. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of <br /> this Agreement is prohibited; provided, however, from and after the date of this <br /> Agreement, the creation of no more than three (3) lots that meet applicable zoning and/or <br /> subdivision regulations is permitted. <br /> 5. Access. No right of access by the general public to any portion of the Property is <br /> conveyed by this Agreement. <br /> 6. Grantee's Remedies. If Grantee determines that Grantor no longer meets the criteria <br /> necessary for certification as qualifying farmland and designation as a District, Grantee <br /> shall be given written notice to Grantors of such non-compliance. Grantor may take <br /> corrective action 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 this Agreement as <br /> provided for by Section VI of the Orange County Voluntary Farmland Preservation <br /> Program Ordinance and by N.C. General Statute 106-737.1 (Farmland Preservation <br /> Enabling Act). A record of the revocation shall be recorded in the Orange County <br /> Register of Deeds and shall result in loss of eligibility to participate in a voluntary <br /> agricultural district and the benefits thereof. <br /> 8. Condemnation. If the Property is taken, in whole or in part, by exercise of the power of <br /> eminent domain, Grantor shall be entitled to compensation in accordance with applicable <br /> law. <br /> 9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and <br /> liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the <br /> Property. Grantor shall hold harmless Grantee and its Board of Commissioner members, <br /> directors, officers, employees, agents, and contractors and the heirs, personal <br /> representatives, successors, and assigns of each of them (collectively, "Indemnified <br /> Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, <br /> causes of action, claims, demands, or judgments, including, without limitation, <br /> reasonable attorneys' fees, arising from or in any way connected with: <br /> (1) Injury to or the death of any person, or physical damage to any property, resulting <br /> from any act, omission, condition, or other matter related to or occurring on or <br /> about the Property, regardless of cause, unless due solely to the negligence of any <br /> of the Indemnified Parties; <br /> (2) The obligations specified in paragraph 9; and <br /> (3) The existence or administration of this Agreement. <br />