2021-052-E DEAPR- Moorefields Clean Water grant

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DocuSign Envelope ID:80DBCC67-147D-4966-BA8F-6B37818063C4 EXHIBIT H GENERAL TERMS AND CONDITIONS (These General Terms and Conditions may be modified by Special Conditions in Exhibit A, and it should be reviewed for possible modifications to these General Terms and Conditions.) A. Affirmative Covenants 1. Title. If the property right to be acquired is fee title, Grant Recipient shall acquire good and marketable title to the Property free and clear of any liens,other charges or encumbrances that would materially affect the use of the Property as intended under this Grant Contract. The General Warranty Deed shall convey such rights and establish such restrictions on use as may be deemed by the Fund suitable to accomplish the purposes set out in Exhibit A. Outstanding mineral rights are not an acceptable exception to title unless specifically approved by the Fund's Board of Trustees. 2. Conservation Easement. If the property right to be acquired is a conservation easement,Grant Recipient shall obtain a valid and enforceable Conservation Easement,and assure that the Seller has possession and ownership,free and clear of any liens,other charges or encumbrances that would materially affect the use of the Property as intended under the Conservation Easement. The Grant Recipient will be the holder of the Conservation Easement and will then immediately assign the Conservation Easement to the State by and through the Fund or continue to hold the Conservation Easement, based onNCLWF's evaluation of the Project's management or monitoring requirements. Whether the Grant Recipient will immediately assign or hold the Conservation Easement will be the sole decision ofNCLWF. The Conservation Easement shall convey such rights and establish such restrictions on use as may be deemed by the Fund or the State suitable to accomplish the purposes set out in Exhibit A and indemnifications satisfactory to the Fund. Grant Recipient covenants that it will monitor the Property for compliance with the restrictions on use contained in the Conservation Easement and will report any observed or suspected violations to the Fund. 3. No Miti ag tion. Grant Recipient shall not use the Property or any portion thereof to satisfy compensatory mitigation requirements under 33 USC § 1344 or N.C.G.S. §143-214.11. 4. Right of Entry and Inspections.The Grant Recipient shall permitNCLWF's representatives to enter the Property for inspection of the Property and to enter any other premises of the Grant Recipient associated with the activities of the Grant Recipient pursuant to the Grant, including to review books and records in any way related to the Grant or the Property. 5. Retention, Operation, Maintenance and Use. Grant Recipient agrees to carry out the Acquisition as approved by the Fund.The Grant Documents and accompanying or related plans,specifications, estimates,procedures and maps submitted to the Fund by the Grant Recipient are the foundation of this Grant Contract. Only changes deemed non-material in type by the Executive Director of the Fund may be made without the consent of the Fund's Board of Trustees. Furthermore, Property interests acquired with Grant assistance from the Fund shall be used for the purposes identified in the Grant Contract, and Grant Recipient hereby agrees to file or record such restrictions as may be required to assure such continued use and the continued validity of any Conservation Easement,if applicable. 6. Siznage. IfNCLWF's approval of this Project allows public access to and/or public education activities at the Project site,the Grant Recipient shall post signs provided by NCLWF at the public areas such as,but not limited to,trail heads,parking areas, kiosks, and boat ramps. The signs shall be posted in number, location, and manner satisfactory toNCLWF. Grant Recipient may provide the signs, and the signs must acknowledge NCLWF as a funding partner, conform toNCLWF's sign policies Orange County,North Carolina(NCLWF 2020-048 Moorefields Estate) Final—December 21,2020 Page 21 of 27