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Agenda 09-03-19 Item 8-l - Resolution of Approval – Conservation Easement on Triangle Land Conservancy-McQueen Property
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Agenda 09-03-19 Item 8-l - Resolution of Approval – Conservation Easement on Triangle Land Conservancy-McQueen Property
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9/3/2019
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Special Meeting
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17 <br /> 2. Upkeep and Maintenance. The Grantor shall continue to be solely <br /> responsible for the upkeep and maintenance of the Property to the extent it <br /> may be required by law. The Grantee shall have no obligation for the <br /> upkeep or maintenance of the Property. <br /> 3. Liability and Indemnification. If the Grantee is ever required by a court to <br /> pay damages resulting from personal injury or property damage that <br /> occurs on the Property, the Grantor shall indemnify and reimburse the <br /> Grantee for these payments, as well as reasonable attorneys' fees and other <br /> expenses of defending itself, unless the Grantee has committed a <br /> deliberate act that is determined to be the sole cause of the injury or <br /> damage. <br /> E. Conservation Purpose. Grantor and Grantee, each for itself, and its respective <br /> successors and assigns, agree that this Conservation Easement shall be held exclusively for <br /> conservation purposes set forth by the Grant Contract, this Conservation Easement and as <br /> specified in Section 170(h)(4)(A) of the Code. Further, this Conservation Easement shall be <br /> construed to promote the purposes of the Act and such purposes of this Conservation Easement <br /> as are defined in Section 170(h)(4)(A) of the Code. <br /> F. Recordinfz. Grantee shall record this instrument and any amendment hereto in <br /> timely fashion in the official records of Orange County, North Carolina, and may re-record it at <br /> any time as may be required to preserve Grantee's rights. <br /> G. Notices. Any notices shall be sent by registered or certified mail, return receipt <br /> requested, to the parties at their addresses shown below: <br /> If to Grantee: If to Owner: <br /> Orange County Triangle Land Conservancy <br /> P.O. Box 8181 514 S. Duke Street <br /> Hillsborough,NC 27278 Durham,NC 27701 <br /> H. Amendments. Grantor and Grantee, or their successors in interest in the Property, <br /> are free to jointly amend this Conservation Easement to meet changing conditions, provided that <br /> no amendment will be allowed that is inconsistent with the purpose(s) of this Conservation <br /> Easement or affects the perpetual duration of this Conservation Easement. Such amendment(s) <br /> require the prior written consent of both Grantor and Grantee and shall be effective upon <br /> recording in the public records of Orange County,North Carolina. <br /> 1. Environmental Condition of the Property. The Grantor warrants, represents and <br /> covenants to the Grantee that to the best of its knowledge after appropriate inquiry and <br /> investigation: (a) the Property described herein is and at all times hereafter will continue to be in <br /> full compliance with all federal, state and local environmental laws and regulations; (b) as of the <br /> date hereof there are no hazardous materials, substances, wastes, or environmentally regulated <br /> substances (including, without limitation, any materials containing asbestos) located on, in or <br /> CWMTF CE Template,entire property,Nov.2018 12 <br /> Combined <br />
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