OTHER-2022-012-Deed of Trail Easement

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6 . 3 . Transfer of Trail Area . Grantor agrees to incorporate by reference the terms of this Easement in any deed or other legal instrument by which they transfer or divest themselves of any interest, including leasehold interests , in the Trail Area . Grantor shall notify Grantee in ,writing at least thirty (30) days before conveying the Trail Area, or any interest therein . Failure ef Grantor to do so shall not impair the validity of the Easement or limit its enforceability in any 6A . V Transfer of Easement . Grantee shall have the right to transfer this Easement to any public agency o private nonprofit organization that, at the time of transfer, is a qualified organization under S . C . Section 170 (h) of the Internal Revenue Code , as amended and under NGS 121 - 34 et seq . , Kovided the agency or organization expressly agrees to assume the responsibility imposed o rantee by this Easement . As a condition of such transfer, Grantee shall require that the consery purposes intended to be advanced hereunder shall be continued to be carried out. If Grant e #ver cease to exist or no longer qualify under 26 U . S . C . Section 170 (h) of the Internal Reveniz(Code , or applicable state law, a court with jurisdiction shall transfer this Easement to another qualified organization having similar purposes that agrees to assume the responsibility imposed by the Easement . 6 . 5 . Inspection and ess . With reasonable advance notice to the Grantor or with Grantor ' s prior verbal consent, G ee, their employees and agents , successors and assigns , shall have the right to enter the Trail Aror the purpose of inspecting the Trail Area to determine whether Grantor, their successors or \awgns are complying with the terms, conditions and restrictions of this Easement . 6 . 6 . Enforcement. Grantee sl0l have the responsibility for management, monitoring and enforcement of the terms of this I ess ment . Grantee shall complete and file the monitoring reports , a copy of which is kept on e ith Orange County . Grantee shall have the right to pre t violations and remedy violations of the terms of this Easement through judicial action, which 11 include, without limitation, the right to bring proceedings in law or in equity against any�pp.rty or parties attempting to violate the terms of this Easement. Except when an ongoing or immi ent violation could irreversibly diminish or impair the Conservation Values of the Trail Area, Gee shall give Grantor written notice of the violation and Grantor shall have thirty (30) days cure the violation, before commencing any legal proceedings . If a court of competent jurisdi on determines that a violation may exist or has occurred, Grantee may obtain an injunction to `stop the violation, temporarily or permanently . The parties agree that a court may issue an injunction or order requiring Grantor to restore the Trail Area to its condition prior to the violation, as restoration of the Trail Area may be the only appropriate remedy . The failure of Grantee to discover tv ' olation or to take immediate legal action shall not bar it from doing so at a later time . In anY ase where a court finds no such violation has occurred, each party shall bear its own costs . luny case where the Court finds that a violation has occurred, Grantee shall have the right to reco emits legal costs from Grantor , including attorney s fees or expenses associated with any enfo c rpent or remedial action as it relates to the enforcement of this Easement .