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Agenda - 03-21-2000-7a
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Agenda - 03-21-2000-7a
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Last modified
8/29/2008 5:59:40 PM
Creation date
8/29/2008 11:16:28 AM
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BOCC
Date
3/21/2000
Document Type
Agenda
Agenda Item
7a
Document Relationships
Minutes - 03-21-2000
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2000
RES-2000-022 Resolution Authorizing the Installment Purchase of Land from Duke University and Acceptance of Grant
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2000
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37 <br />G. Ding. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, <br />appliances, or machinery, ar other materials on the Property is prohibited. <br />H. Conveyance and. Subdivision. The Property may not be subdivided, partitioned nor <br />conveyed, except in its current configuration as an entity or block ofpraperty. <br />ARTICLE IV. ENFORCEMENT AND REMEDIES <br />A. Enforcement. To accomplish the purposes of these Restrictive Covenants, Grantee <br />is allowed to prevent any activity on ar use of the Property that is inconsistent with the purposes of <br />these Restrictive Covenants and to require the restoration of such areas or features of the Property <br />that may have been damaged by such activity or use. Upon any breach of the terms of these <br />Restrictive Covenants by Grantor that tames to the attention of the State, the State shall notify the <br />Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such <br />notice to begin undertaking actions that are reasonably calculated to correct promptly the conditions <br />constituting such breach. If the breach remains uncured after ninety (90) days, the State may <br />enforce these Restrictive Covenants by appropriate legal proceedings including daanages, injunctive <br />and other relief. The State shall also have the power and authority: (a) to prevent any impairment <br />of the Property by acts which may be unlawful or in violation of these Restrictive Covenants; (b) to <br />otherwise preserve or protect its interest in the Property; ar (c) to seek damages from any <br />appropriate person or entity. The rights and remedies of the State provided hereunder shall be in <br />addition to, and not in lieu o~ all other rights and remedies available to the State in connection with <br />this Declaration of Covenants and Restrictions, including, without limitation, those set forth in the <br />Grant Agreement under which these Restrictive Covenants were obtained. <br />B. ection. State, its employees and agents and its successors and assigns, have <br />the right, with reasonable notice, to enter the Property. at reasonable times for the purpose of <br />inspecting the Property to determine whether the Grantor, Grantor's representatives, or assigns are <br />complying with the terms, conditions and restrictions of these Restrictive Covenants. . <br />C. Acts Beyopd Grantor's Control. Nothing contained in these Restrictive <br />Covenants shall be construed to entitle State to bring any action against Grantor for any injury or <br />change in the Property caused by third parties, resulting from causes beyond the Grantor's control, <br />including, without limitation, fire, flood, storm, and earth movement, or from any prudent action <br />taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate <br />significant injury to life, damage to property or harm to the Properly resulting from such causes. <br />D. Cost of Enforcement Any cost incurred by Grantee in enforcing the terms of these <br />Restrictive Covenants against Grantor, including, without limitation ,any cost of restoration <br />necessitated by Grantor's acts or omissions in violation of the terms of these Restrictive Covenants, <br />shall be borne by Grantor. <br />E. Na Waiver. Enforcement of the Restrictive Covenants shall be at the discretion <br />of the Grantee and any forbearance by Grantee to exercise its rights hereunder in the event of any <br />breach of any term set Earth herein shall not be deemed or construed to be a waiver by Grantee of <br />4 <br />
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