Orange County NC Website
24 <br />SECTION VI <br />Representations and Warranties <br />In order to induce the Fund to enter into this Chant Agreement and to make the Grant as herein <br />provided, the Grantee, after reasonable inquiry, makes the following representations, warranties and <br />covenants, which shall remain in effect after the execution and delivery of this Grant Agreement <br />and any other documents required hereunder, any inspection or examinations at any time made by <br />ar on behalf of the Fund, and the purchase of the Property by the Grantee: <br />d.l. No~ Actions. There are no actions, suits, ar proceedings pending, or to the <br />la~,owledge of the Grantee threatened, against or affecting the Grantee before any court, arbitrator, <br />or governmental ar administrative body or agency which might affect 'the Grantee's ability to <br />observe and perform its obligations under this Grant Agreement. . <br />6.2. Validity of Grant„ Documents. Upon execution and delivery of items required <br />hereunder, this Giant Agreement and the other grant documents and items required hereunder will <br />be valid and binding agreements, enforceable in accordance with the terms thereof. <br />6.3. No Untrue Statements. Neither this Grant Agreement nor any information, <br />certificate, statement, or other document fiirnished by Grantee in connection with the Grant, <br />contains any untrue statement of a material .fact or omits disclosure of a material fact which affects <br />the Property, the Conservation Easement ar the ability of the Grantee to perform this Grant <br />Agreement. <br />fi.4. Zoning. The present and proposed use of the Property, including, without <br />limitation, the purpose of the Conservation Easements is in compliance with all zoning ordinances, <br />and all municipal and other governmental. and regulatory approvals have been or will be obtained <br />for the use and for operation of the Property according to this Grant Agreement. <br />. 6.5. Environmental Condition of Pm The Grantee warrants, represents and <br />covenants to the Fund that to the best of its knowledge after appropriate inquiry and investigation: <br />(a) the Property is and at all times hereafter will continue to be in full compliance with all federal,' <br />state and local environmental laws and regulations, and (la) as of the date hereof theme aze no <br />hazazdous materials, substances, wastes or other environmentally regulated substances (including, <br />without limitation, any materials containing asbestos) located on, in or under the Property or used <br />in connection- therewith, and that there is no environmental condition existing an the Property that <br />may prohibit or impede use of the Property for the purposes set forth in this Grant Agreement, and <br />the Grantee will not allow such uses or conditions. <br />6.6. Access. There is legal public access to the Property from a public roadway. <br />Orange County 99A-017 Contract,dac 12/07/99 9:32 AM 7 <br />