Agenda - 12/11/2008 - 4j - Laserfiche WebLink

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1~ damage relating to the Property caused by the negligence of Grantee or its agents, the liability shall be apportioned accordingly. 9. Enforcement. Grantee shall have the right to prevent and correct violations of the terms of this Conservation Easement. With seven (7) days advance written notice to Grantor, Grantee may enter the Property for the purpose of inspecting for violations. If Grantee fords a violation, it may at its discretion take appropriate legal action. Except when an ongoing or imminent violation could irreversibly diminish or impair or the Conservation Values within either of the Envelopes, Grantee shall give Grantor written notice of the violation and sixty (60) days to correct it, before filing any legal action. ff a court with jurisdiction determines that a violation may exist or has occurred, Grantee may obtain an injunction to stop it, temporarily or permanently. A court may also issue an injunction requiring Grantor to restore the Property to its condition prior to the violation. The failure of Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time. 10. Transfer of Easement. Grantee shall have the right to transfer this Conservation Easement to any public agency or private nonprofit organization that (a) is approved by Grantor, such approval not to be unreasonably withheld, and (b) at the time of transfer, is a "qualified organization" under Sec. 170(h) of the U.S. Internal Revenue Code, and under N.C.G.S. 121-34 et seq., and (c) the agency or organization expressly agrees to assume the responsibility imposed on Grantee by this Conservation Easement. If Grantee ever ceases to exist or no longer qualifies under Sec. 170(h) or applicable state law, or to be authorized to acquire and hold conservation easements, or should Grantee acquire the entire fee interest in the Property, then Grantee's rights and obligations under this Easement shall become immediately vested in the County of Orange. 11. Transfer of Property. Any time the Property or any portion thereof or any interest in it is transferred by Grantor to any third party, Grantor shall notify Grantee in writing prior to the transfer of the Property, and the document of conveyance shall expressly refer to this Conservation Easement. 12. Amendment of Easement. This easement may be amended only with the written consent of Grantor and Grantee. Any such amendment shall be consistent with the purposes of this Conservation Easement and Grantee's easement amendment policies, and shall comply with Sec. 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance with that section. Any such amendment shall also be consistent with N.C.G.S. 121-34 et seq. or any regulations promulgated pursuant to that law. 13. Termination of Easement. If it is determined that conditions on or surrounding the Property change so much that it becomes impossible to fulfill its conservation. purposes, a court with jurisdiction may, at the joint request of both Grantor and Grantee, terminate this Conservation Easement. If condemnation of a part of the Property or of the entire Property by public authority renders it impossible to fulfill any of these conservation purposes, the Conservation Easement may be terminated through condemnation proceedings. Grantee shall use any condemnation proceeds it receives consistently with the conservation purposes of this Conservation Easement. If the condemnation is by a governmental authority other than Grantor, all condemnation related expenses incurred by Grantor and Grantee shall be paid out of any recovered proceeds prior to distribution of the net proceeds as described herein. If the condemnation is by Grantor, Grantor shall pay all related condemnation expenses except Grantee's attorney fees. KCBCM: 252126.5 8