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Agenda 4-f - Resolution of Approval – Conservation Easement on Holden-Roberts Farm and Approval of Budget Amendment #10-C
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Agenda 4-f - Resolution of Approval – Conservation Easement on Holden-Roberts Farm and Approval of Budget Amendment #10-C
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6/4/2019
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Agenda - 06-04-2019 Regular Board Meeting
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22 <br /> the disapproval and the Grantees shall respond within 30 calendar days with an explanation for the specific reasons <br /> and basis for its decision to disapprove. <br /> 6.12.Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and <br /> supersedes all prior discussions,negotiations,understandings or agreements relating to the Easement. If any <br /> provision is found to be invalid,the remainder of the provisions of this Easement,and the application of such <br /> provision to persons of circumstances other than those as to which it is found to be invalid, shall not be affected <br /> thereby. <br /> 6.13.Availability or Amount of Tax Benefits. Grantees and NCDA&CS, acting by and through NCADFP Trust Fund <br /> make no warranty,representation or other assurance regarding the availability, amount or effect of any deduction, <br /> credit or other benefit to Grantor or any other person or entity under United States or any state, local or other tax <br /> law to be derived from the donation of this Easement or other transaction associated with the donation of this <br /> Easement. This donation is not conditioned upon the availability or amount of any such deduction, credit or other <br /> benefit. Grantees and NCDA&CS make no warranty,representation or other assurance regarding the value of this <br /> Easement or of the Protected Property. As to all of the foregoing, Grantor is relying upon Grantor's own legal <br /> counsel, accountant,financial advisor, appraiser or other consultant and not upon Grantees or NCDA&CS or any <br /> legal counsel, accountant, financial advisor,appraiser or other consultant of Grantees or NCDA&CS. In the event <br /> of any audit or other inquiry of a governmental authority into the effect of this donation upon the taxation or <br /> financial affairs involving Grantor or Grantor's heirs, successors or assigns or other similar matter then Grantees <br /> and NCDA&CS shall be reimbursed and indemnified for any cost or expense of any kind or nature whatsoever <br /> incurred by Grantees in responding or replying thereto. <br /> 6.14.Warranties and Representations of Owner. By signing this Easement, Grantor acknowledges,warrants and <br /> represents to Grantees that: <br /> (a) Grantor has had the opportunity to be represented by counsel of Grantor's and fully understands that Grantor is <br /> hereby permanently relinquishing property rights which would otherwise permit Grantor to have a fuller use and <br /> enjoyment of the Protected Property. <br /> (b) There are no recorded or unrecorded leases or other agreements for the production of minerals or removal of <br /> timber from the Protected Property which would, if any of the activities permitted under such lease or other <br /> agreement was undertaken by Grantor,violate the covenants or restrictions in this Easement or otherwise defeat <br /> the conservation Purpose. <br /> TO HAVE AND TO HOLD this Deed of Conservation Easement unto Grantees,their successors and assigns, forever. <br /> 16 <br />
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