Browse
Search
Agenda - 06-04-2024; 8-f - Approval to Purchase Real Property - Kittrell-McAdoo Tract, and Grant of Conservation Easement to North Carolina Land and Water Fund
OrangeCountyNC
>
BOCC Archives
>
Agendas
>
Agendas
>
2024
>
Agenda - 06-04-2024 Business Meeting
>
Agenda - 06-04-2024; 8-f - Approval to Purchase Real Property - Kittrell-McAdoo Tract, and Grant of Conservation Easement to North Carolina Land and Water Fund
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
5/31/2024 10:30:47 AM
Creation date
5/31/2024 10:22:59 AM
Metadata
Fields
Template:
BOCC
Date
6/4/2024
Meeting Type
Business
Document Type
Agenda
Agenda Item
8-f
Document Relationships
Agenda for June 4, 2024 BOCC Meeting
(Message)
Path:
\BOCC Archives\Agendas\Agendas\2024\Agenda - 06-04-2024 Business Meeting
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
23
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
18 <br /> Property owner,and the limitations on use of the Property.No interest or license in the Property <br /> shall be transferred except in writing in accordance with the above. Nothing in this Paragraph <br /> abrogates or limits Paragraph J of Article III hereof. <br /> C. Subsequent Transfers of the Conservation Easement. The Patties hereto recognize <br /> and agree that the benefits of this Conservation Easement are in gross and assignable with any <br /> such assignee having all the rights and remedies of Grantee hereunder.The Parties hereby <br /> covenant and agree,that in the event this Conservation Easement is transferred or assigned,the <br /> transferee or assignee of the Conservation Easement will be a qualified organization as that term <br /> is defined in Section 170(h)(3) of the Internal Revenue Code of 1986 (the"Code"), as amended, <br /> or any successor section, and the regulations promulgated thereunder that is organized or <br /> operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) of the <br /> Code, a qualified holder as that term is defined in the Act or any successor statute, and a <br /> qualified grant recipient pursuant to N.C.G.S. Chapter 14313,Article 2, Part 41. The Parties <br /> further covenant and agree that the terms of the transfer or the assignment will be such that the <br /> transferee or assignee will be required to continue to carry out in perpetuity the purpose(s) of the <br /> Conservation Easement that the contribution was originally intended to advance as set forth <br /> herein,but acknowledge specifically that any transfer or assignment of the Conservation <br /> Easement shall have no effect on ASSOCIATION FOR THE PRESERVATION OF THE ENO <br /> RIVER VALLY,INC's obligation to provide stewardship of the Conservation Easement as set <br /> forth in this Article VI. <br /> D. Existing RespQnsibilities of Grantor and Grantee Not Affected. Other than as <br /> specified herein,this Conservation Easement is not intended to impose any legal or other <br /> responsibility on Grantee, or in any way to affect any existing obligation of Grantor as owner of <br /> the Property. Among other things,this shall apply to: <br /> 1. Taxes. Grantor shall continue to be solely responsible for payment of all <br /> taxes and assessments levied against the Property. If Grantee is ever <br /> required to pay any taxes or assessments on its interest in the Property, <br /> Grantor shall reimburse Grantee for the same. <br /> 2. Upkeep and Maintenance. Grantor shall continue to be solely responsible <br /> for the upkeep and maintenance of the Property to the extent it may be <br /> required by law. Grantee shall have no obligation for the upkeep or <br /> maintenance of the Property. <br /> 3. Liability and Indemnification. If Grantee is ever required by a court to pay <br /> damages resulting from personal injury or property damage that occurs on <br /> the Property, Grantor shall indemnify and reimburse Grantee for these <br /> payments,as well as reasonable attorneys' fees and other expenses of <br /> defending itself, unless Grantee has committed a deliberate act that is <br /> determined to be the sole cause of the injury or damage. <br /> NCLW F Property CE Template—rev.Oct 2023 <br /> 13 of 18 <br />
The URL can be used to link to this page
Your browser does not support the video tag.