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Agenda - 11-07-2024; 8-g - Resolution of Approval – Donated Conservation Easement on Property of Circular Design Construction, LLC (Array)
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Agenda - 11-07-2024; 8-g - Resolution of Approval – Donated Conservation Easement on Property of Circular Design Construction, LLC (Array)
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BOCC
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11/7/2024
Meeting Type
Business
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Agenda
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8-g
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18 <br /> All condemnation related expenses, including reasonable attorney fees, incurred by the <br /> Grantor and the Grantee shall be paid out of any recovered proceeds prior to distribution of the <br /> net proceeds as described herein. <br /> 13. INTERPRETATION. This Conservation Easement shall be interpreted under <br /> the laws of North Carolina, resolving any ambiguities and questions of the validity of specific <br /> provisions as to give maximum effect to its conservation purposes. <br /> 14. INDEMNIFICATION AND INSURANCE. Grantor agrees to indemnify and <br /> hold Grantees harmless from any and all costs, claims or liability, including but not limited to <br /> reasonable attorneys' fees arising from any personal injury, accidents, negligence or damage <br /> relating to the Property, or any claim thereof,unless due to the negligence of Grantees or their <br /> agents, in which case liability shall be as provided by law. In addition, Grantors agree to <br /> maintain liability insurance covering the Property with the limits as follows: (i) $300,000 per <br /> person for personal injury or death,up to $300,000 per occurrence; and(ii) $300,000 per <br /> occurrence for property damage; and warrant that Grantee is and will remain a named insured on <br /> Grantors' Property insurance policies covering the Property. Grantors shall provide Grantee <br /> with a certificate of insurance coverage on the effective date of this Conservation Easement and <br /> within 10 days of each insurance renewal date. <br /> 15. TITLE. The Grantors warrant that they hold fee simple title to the Property, free <br /> from all encumbrances, except for those exceptions deemed by the Grantee as acceptable and set <br /> further in Exhibit C to this Conservation Easement, and hereby promise to defend the same <br /> against all claims that may be made against it. <br /> 16. NOTICES. Any notices required by this Conservation Easement shall be in <br /> writing and shall be personally delivered or sent by first class mail, to Grantors and Grantee, <br /> respectively, at the following addresses,unless a party has been notified by the other of a change <br /> of address. <br /> To Grantors: To the Grantee: <br /> Circular Design Construction LLC Orange County Department of Environment, <br /> Agriculture, Parks and Recreation <br /> Orange County,North Carolina <br /> P.O. Box 8181 <br /> Hillsborough,NC 27278 <br /> 17. ENVIRONMENTAL CONDITION. The Grantor warrants that it has no actual <br /> knowledge of a release or threatened release of hazardous substances or wastes on the Property. <br /> 18. SEVERABILITY. If any provision of this Conservation Easement is found to be <br /> invalid, the remaining provisions shall not be altered thereby. <br /> Page 12 of 17 <br />
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