Orange County NC Website
Browse       Search
l� <br /> *1110 7 . ENFORCEMENT . The Grantees shall have the right to prevent and correct <br /> violations of the terms of this Conservation Easement . The State of NC shall have third party <br /> � rghts of enforcement. <br /> 0 <br /> (a) With reasonable advance notice provided to the Grantor or with the Grantor ' s <br /> priq) verbal consent, the Grantees shall have the right to enter the Grantor ' s Property for the <br /> purpVsse of inspecting for compliance with the terms of this Conservation Easement . The <br /> Grantees hall have the right to prevent violations and remedy violations of the terms of this <br /> Conse on Easement through judicial action, which shall include , without limitation, the right <br /> to bring eedings in law or in equity against any party or parties attempting to violate the <br /> terms of t ' onservation Easement . Except when an ongoing or imminent violation could <br /> irreversibly finish or impair the conservation values of the Property, the Grantees shall give <br /> the Grantor n notice of the violation and thirty (30 ) days to cure the violation, before <br /> commencing anlegal proceedings . The Grantees may obtain an injunction to stop a violation or <br /> a threatened viola19n, temporarily or permanently . The parties agree that a court may issue an <br /> injunction or order requiring the Grantor to restore the Grantor ' s Property to its condition prior to <br /> the violation, as restoration of the property may be the only appropriate remedy . In any case <br /> where a court finds that violation has occurred , the Grantor shall reimburse the Grantees for all <br /> its expenses incurred in ping and correcting the violation, including but not limited to <br /> reasonable attorneys ' fee . any case where a court finds no such violation has occurred, each <br /> party shall bear its own cos n any case where the court finds that there was a complete <br /> absence of a justiciable issue ftither law or fact raised by the losing party , the court may award <br /> e' prevailing party as provided by law. The failure of the Grantees <br /> a reasonable attorneys fee to tl� <br /> to discover a violation or to takeomediate legal action shall not bar it from doing so at a later <br /> time for that violation or any subs auent violations . <br /> (b) Grantees shall not brieany action against Grantor for any injury or change to <br /> the Property caused by third parties, or rlting from causes beyond the Grantor ' s control , <br /> including , without limitation, fire , flood, rm and naturally caused earth movement, or from <br /> any prudent action taken in good faith by t Grantor under emergency conditions to prevent, <br /> abate , or mitigate significant injury to life, age to the Property or harm to the Property <br /> resulting from such action . <br /> (c) Third Pg1y Ri htg of Enforcement , the event that the Grantee fails to enforce <br /> any terms in this Conservation Easement, the Stat f North Carolina shall have the independent <br /> right to enforce the terms of this Conservation Easement through any and all means and <br /> authorities available under law or equity . Any forbearance by the State to exercise this right of <br /> enforcement shall not be deemed or construed to be a weer by the State of such right in general <br /> or with respect to a specific violation of any of the terms ophis Conservation Easement. Grantor <br /> grants the State , and its agents, employees , and representatios the right of entry and access to <br /> the Property for the purposes of inspecting the Easement Ard carrying out its third party <br /> rights of enforcement set forth herein. XO>I\ <br /> Page 14 of 25 <br /> 0 <br />