Orange County NC Website
Browse       Search
27 <br /> violation of this Conservation Easement caused by the wrongful acts of a third parry,Grantor shall <br /> cooperate fully with Grantee in enforcement of this Conservation Easement, including but not <br /> limited to: gathering facts and information relevant to the violation; assigning its right of action <br /> to the Grantee;joining in any claim or legal action; and/or appointing the Grantee as its attorney- <br /> in-fact for purposes of enforcement, all at the election of the Grantee. In the event that such third <br /> party acts interfere with the purposes of this Conservation Easement and/or Conservation Values <br /> of this Conservation Easement, Grantor and Grantee will work together to identify restoration or <br /> rehabilitation activities and develop a restoration plan. This Section shall not be construed to <br /> relieve Grantor of the obligation to clean up garbage or materials dumped on the Property by third <br /> parties,to take all reasonable actions to prevent violations of this Conservation Easement by third <br /> parties, or to otherwise maintain the Property in a condition consistent with the purpose of this <br /> Conservation Easement. Nothing in this Section shall prohibit Grantee from bringing an action <br /> against Grantor resulting from Grantor's failure to take reasonable actions to prevent violations of <br /> this Conservation Easement by third parties or from Grantor's authorization, consent, or <br /> participation in the wrongful acts of third parties resulting in violations of this Conservation <br /> Easement. <br /> 9. NOTICE OF INTENTION TO UNDERTAKE CERTAIN PERMITTED ACTIONS. <br /> Grantor shall notify Grantee before undertaking any use or change in use of the Property pursuant <br /> to Sections 2(A), 2(B)(ii), 2(B)(iii), 2(D), 2(E), 2(F), and 2(H) above which may have adverse <br /> impact on the Conservation Values of the Property. Uses described in the Baseline Documentation <br /> Report, and in any Conservation Plan,Harvest Plan, and/or Forest Management Plan delivered to <br /> Grantee pursuant to the terms of this Conservation Easement, shall constitute proper notice for <br /> purposes of the foregoing sentence. The purpose of this notice requirement is to comply with the <br /> provisions of Treas. Reg. § 1.170A-14(g) (5) (ii), in order to allow Grantee a reasonable period to <br /> consider the prospective impact to the extent Grantee deems appropriate. <br /> (A) Notices to Grantee <br /> (i) Means of Notice — Any notices to Grantee required in this Conservation <br /> Easement shall be sent by registered or certified mail, or other courier providing <br /> reliable proof of delivery, to TLC's Easement Steward at the address for TLC in <br /> the caption of this Conservation Easement, or if the County is entitled to notice, to <br /> the County at the address for the County in the caption of this Conservation <br /> Easement, or such other person or address as may be hereafter specified by notice <br /> in writing by any party. All other communication shall be made by reasonable <br /> means under the circumstances, provided that electronic communication will not <br /> be deemed received unless accompanied by delivery by one of the foregoing <br /> methods. <br /> (ii) Consent of Notice — The purpose of requiring Grantor to notify Grantee <br /> prior to undertaking certain permitted activities, as provided in Sections 2(A), <br /> 2(B)(ii),2(B)(iii),2(D),2(E),2(F),and 2(H)above,is to afford Grantee an adequate <br /> opportunity to monitor the activities in question to ensure that they are designated <br /> and carried out in a manner consistent with the terms and Purposes of this <br /> 21 <br />