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Agenda 01-16-24; 8-j - Resolution of Approval – Terry Road Farm, LLC Conservation Easement
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Agenda 01-16-24; 8-j - Resolution of Approval – Terry Road Farm, LLC Conservation Easement
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1/16/2024
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8-j
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28 <br /> Conservation Easement. Such notices to Grantee or requests for Grantee consent, <br /> required or contemplated hereunder, must include, at a minimum, sufficient <br /> information, including the nature, scope, design, location, timetable, and any other <br /> material aspect of the proposed activity, in sufficient detail to enable Grantee to <br /> determine whether proposed plans are consistent with the requirements of this <br /> Conservation Easement and the purposes hereof. <br /> (iii) Process of Notice and Approval—Whenever notice to Grantee is required, <br /> Grantor shall notify Grantee in writing not less than sixty(60)days prior to the date <br /> Grantor intends to undertake the activity in question. The notice shall describe the <br /> activity in sufficient detail to permit Grantee to make an informed judgment as to <br /> its consistency with the requirements and purpose of this Conservation Easement. <br /> Where Grantee's approval is required, Grantee shall grant or withhold its approval <br /> in writing within sixty(60) days of receipt of Grantor's written request therefore. <br /> (iv) Failure to Respond—If Grantee approval is required under the terms of this <br /> Conservation Easement prior to the exercise of a reserved right that is the subject <br /> of the notification and request for approval, failure of Grantee to respond within <br /> sixty(60) days shall be deemed to be a denial of the request for approval. <br /> (v) Transfer of Ownership — Grantor further agrees to give written notice to <br /> Grantee of the transfer of any interest in the Property, including but not limited to <br /> any sale, gift, or long-term lease, at least thirty (30) days prior to the date of such <br /> transfer. <br /> (B) Notices to Grantor <br /> (i) Means of Notice — Any notices to Grantor required by this Conservation <br /> Easement shall be sent by registered or certified mail or other courier providing <br /> reliable proof of delivery, to Grantor at the address set forth in the caption hereof, <br /> or to such other person or address as may be hereafter specified by notice in writing <br /> to Grantee. All other communication shall be made by reasonable means under the <br /> circumstances. <br /> 10. TRANSFER OF EASEMENT <br /> The parties hereto recognize and agree that the benefits of this Conservation Easement are in gross <br /> and assignable; provided, however, that Grantee's interest in this Conservation Easement(a) may <br /> only be transferred or assigned to an organization(i)that is a qualified organization as that term is <br /> defined under Section 170(h)(3) of the Internal Revenue Code, as amended, or any successor <br /> section, and the regulations promulgated thereunder which is organized or operated primarily for <br /> one of the conservation purposes specified in Section 170(h)(4)(A) of the Internal Revenue Code <br /> and(ii)that is authorized to acquire and hold conservation easements under the Conservation and <br /> Historic Preservation Agreements Act, or any successor provision thereto, and (b) may not be <br /> assigned to a governmental entity other than the County without the prior written consent of <br /> Grantor. The parties further covenant and agree that the terms of the transfer or the assignment <br /> 22 <br />
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