Orange County NC Website
Browse       Search
12 <br /> activity is not otherwise prohibited or limited under this Easement, Grantors agree that <br /> commercial recreational uses are not permitted within the Trail Area. <br /> ARTICLE VI. ONGOING RESPONSIBILITY OF GRANTORS AND GRANTEE <br /> This Easement is not intended in any way to affect any existing obligation of the Grantors as <br /> owner of the Property. Among other things, this shall apply to: <br /> 6.1. Taxes. Grantors shall continue to be solely responsible for payment of all taxes and <br /> assessments levied against the Property. If Grantee is ever required to pay any taxes or <br /> assessments on their interest in the Property, Grantors shall upon demand reimburse Grantee for <br /> the same. <br /> 6.2. Upkeep and Maintenance. Trail Area shall be maintained so as to not interfere with the <br /> intended use of the trail and amenities. <br /> a. Grantors shall continue to be solely responsible for the upkeep and maintenance of <br /> the Trail Area apart from the trail and amenities. Grantee shall have no obligation for <br /> the upkeep or maintenance of the Trail Area, except as described herein. <br /> b. Grantee shall be solely responsible for construction, upkeep, and maintenance of the <br /> Trail and Amenities, except as described herein. Grantee shall make periodic <br /> inspections to ensure the upkeep and maintenance of the Trail and Amenities. Upon <br /> notice from Grantors of any upkeep or maintenance issue, Grantee shall make <br /> additional inspection and plan of remediation. Such plan of remediation shall occur <br /> within one year of notice. <br /> 6.3. Transfer of Trail Area. Grantors agree to incorporate by reference the terms of this <br /> Easement in any deed or other legal instrument by which they transfer or divest themselves of <br /> any interest, including leasehold interests, in the Trail Area. Grantors shall notify Grantee in <br /> writing at least thirty (30) days before conveying the Trail Area, or any interest therein. Failure <br /> of Grantors to do so shall not impair the validity of the Easement or limit its enforceability in any <br /> way. <br /> 6.4. Transfer of Easement. Grantee shall have the right to transfer this Easement to any public <br /> agency or private nonprofit organization that, at the time of transfer, is a qualified organization <br /> under 26 U.S.C. Section 170(h) of the Internal Revenue Code, as amended and under NGS 121- <br /> 34 et seq., provided the agency or organization expressly agrees to assume the responsibility <br /> imposed on Grantee by this Easement. As a condition of such transfer, Grantee shall require that <br /> the conservation purposes intended to be advanced hereunder shall be continued to be carried <br /> out. If Grantee ever cease to exist or no longer qualify under 26 U.S.C. Section 170(h) of the <br /> Internal Revenue Code, or applicable state law, a court with jurisdiction shall transfer this <br /> Easement to another qualified organization having similar purposes that agrees to assume the <br /> responsibility imposed by the Easement. <br /> -8- <br />