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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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BOCC
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1/16/2024
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Business
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Agenda
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8-j
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\Board of County Commissioners\BOCC Agendas\2020's\2024\Agenda - 01-16-2024 Business Meeting
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RES-2024-005 Approval of Conservation Easement between Orange County and the Triangle Land Conservancy and Terry Road Farm, LLC
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\Board of County Commissioners\Resolutions\2020-2029\2024
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32 <br /> Easement, the terms of this Conservation Easement shall survive any merger of the fee and <br /> easement interest in the Property. <br /> 22. SUBSEQUENT LIENS ON PROPERTY <br /> No provisions of this Conservation Easement should be construed as impairing the ability of <br /> Grantor to use this Property as collateral for subsequent borrowing, providing that any mortgage <br /> or lien arising from such a borrowing is subordinate to this Conservation Easement. <br /> 23. ESTOPPEL CERTIFICATES <br /> Upon request by Grantor, Grantee shall within thirty (30) days of written request by Grantor <br /> execute and deliver to Grantor any document, including an estoppel certificate, which certifies <br /> Grantor's compliance with any obligation of Grantor contained in this Conservation Easement and <br /> otherwise evidences the status of this Conservation Easement, as may be reasonably requested by <br /> Grantor; provided, however, that such estoppel shall be restricted to the actual knowledge of <br /> Grantee and shall in no event be deemed a waiver of any violations by Grantor of the terms of this <br /> Conservation Easement. <br /> 24. ENTIRE AGREEMENT; COUNTERPARTS <br /> This instrument sets forth the entire agreement of the parties with respect to this Conservation <br /> Easement and supersedes all prior discussions,negotiations,understandings or agreements relating <br /> to this Conservation Easement, all of which are merged herein. The parties may execute this <br /> instrument in two or more counterparts,which shall,in the aggregate,be signed by all parties; each <br /> counterpart shall be deemed an original instrument as against the party who has signed it. <br /> 25. NO FORFEITURE <br /> Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. <br /> 26. TERMINATION OF RIGHTS AND OBLIGATIONS <br /> A party's rights and obligations under this Conservation Easement shall terminate upon the transfer <br /> of the party's interest in this Conservation Easement or Property to a party assuming its obligations <br /> hereunder, except that liability for acts or omissions occurring prior to transfer shall survive <br /> transfer, but this Conservation Easement shall not be affected by such transfer, the transferee <br /> having the rights and obligations of the transferring party. <br /> 27. DISCLAIMER <br /> Grantee does not represent the interests of Grantor. Grantee has advised Grantor to have this <br /> Conservation Easement reviewed by Grantor's attorney, and Grantor has had ample opportunity <br /> to do so. Grantee makes no representation as to whether this Conservation Easement qualifies for <br /> a charitable deduction or if it is in proper form for that purpose,in the event that the Grantor claims <br /> a charitable gift deduction on its federal or state income tax returns. <br /> 26 <br />
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