2021-052-E DEAPR- Moorefields Clean Water grant

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DocuSign Envelope ID:80DBCC67-147D-4966-BA8F-6B37818063C4 Stewardship Contract may be assignable by either Parry with the prior written consent of both Parties,but only to an entity that is qualified to receive a grant from the Fund,is a qualified holder of conservation easements under the Uniform North Carolina Conservation and Historic Preservation Agreements Act, (N.C.G.S. Chapter 121,Article 4), or any successor statute,and is a qualified organization as that term is defined in 26 U.S.C. § 170(h)(3) of the Internal Revenue Code(the"Code"), as amended, or any successor section, and the regulations promulgated there under the Code, which is organized or operated primarily for one of the conservation purposes specified in 26 U.S.C. § 170(h)(4)(A)of the Code. Stewardship funds in this Grant Contract will not be paid out under this Grant Contract but will be transferred to the Office of the State Treasurer for investment in theNCLWF's N.C. Conservation Easement Endowment Fund at the closing of this Grant Contract. B. Representations and Warranties In order to induce the Fund to enter into this Grant Contract and to make the Grant as herein provided, the Grant Recipient,after reasonable inquiry,makes the following representations,warranties and covenants, which shall remain in effect after the execution and delivery of this Grant Contract and the other Grant Documents,any inspection or examinations at any time made by or on behalf of the Fund,and the Acquisition by the Grant Recipient: 1. No Actions. There are no actions, suits, or proceedings pending, or to the knowledge of the Grant Recipient threatened against or affecting the Grant Recipient before any court, arbitrator, or governmental or administrative body or agency which might affect the Grant Recipient's ability to observe and perform its obligations under this Grant Contract. 2. No Untrue Statements. Neither this Grant Contract nor any information,certificate,statement,or other document furnished by Grant Recipient in connection with the Grant, contains any untrue statement of a material fact or omits disclosure of a material fact which affects the Property, any subsequent Conservation Easement on the Property or the ability of the Grant Recipient to perform under this Grant Contract. 3. Zonin;. The present and proposed use of the Property, including, without limitation, the purpose of the Conservation Easement, is in compliance with all zoning ordinances, and all municipal and other governmental and regulatory approvals have been or will be obtained for the use and for operation of the Property according to this Grant Contract. 4. Environmental Condition of Property. The Parties acknowledge that, as of the Effective Date of this Contract, the Grant Recipient may not yet have received the ESA. Accordingly, the Grant Recipient warrants,represents and covenants to the Fund that to the best of its knowledge as of the Effective Date: (a)the Property is and at all times hereafter will continue to be in full compliance with all federal, state and local environmental laws and regulations; (b) there are no hazardous materials, substances, wastes or other environmentally regulated substances(including,without limitation,any materials containing asbestos)located on, in or under the Property or used in connection therewith; (c)there is no environmental condition existing on the Property that may prohibit or impede use of the Property for the purposes set forth in this Grant Contract; and(d)the Grant Recipient will not allow such uses or conditions. Orange County,North Carolina(NCLWF 2020-048 Moorefields Estate) Final—December 21,2020 Page 23 of 27