March-12-2019-Minutes - Laserfiche WebLink

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AGRICULTURAL CONSERVATION EASEMENT PROGRAM - AGRICULTURAL LAND EASEMENT 16 In the event the United States exercises this right of enforcement to recover any and all administrative and legal cost associated with any enforcement or remedial action related to the enforcement of this Agricultural Land Easement from the Grantor, including, but not limited to, attorney’s fees and expenses related to Grantor’s violations. In the Event the United States exercises this right to enforcement, it is entitled to recover any and all administrative and legal cost associated with any enforcement or remedial action related to the enforcement of this Agricultural Land Easement from the Grantee, including, but not limited to, attorney’s fees and expenses related to Grantee’s violations or failure to enforce the easement against the Grantor up to the amount of the United States contribution to the purchase of the ALE. The Grantee will annually monitor compliance and provide the United States with an annual monitoring report that doicuments that the Grantee and Grantor are in compliance with the ALE and ALE Plan. If the annual monitoring report is insufficient or is not provided annually, or if the United States has evidence of an unaddressed violation, as determined by the Secretary, the United States may exercise its right of inspection. For the purpose of inspection and enforcement of the ALE, the ALE Plan, and the United States Cooperative Agreement with the Grantee, the United States will have reasonable access to the Protected Property with advance notice to Grantee and Grantor or Grantor’s representative. In the event of an emergency, the United States may enter the Protected Property to prevent, terminate, or mitigate a potential or unaddressed violation of these restrictions and will give notice to Grantee and Grantor’s representative at the earliest practical time. that Grantee attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this Easement without the prior written consent of the Secretary of the USDA and payment of consideration to the United States, then, at the option of such Secretary, all right, title, and interest in this Easement shall become vested in the United States of America. Additionally, in the event that Grantee fails to enforce any of the terms of this Conservation Easement, as determined in the sole discretion of the Commissioner of Agriculture for North Carolina, the Commissioner of Agriculture and his or her successors and assigns shall have the right to enforce the terms of this Easement through any and all authorities available under federal or state law. In the event that Grantee attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this Conservation Easement without the prior consent of the Commissioner of Agriculture and payment of consideration to the State of North Carolina, then, at the option of the Commissioner of Agriculture, all right, title, and interest in the Easement shall become vested in the State of North Carolina. ARTICLE V. REPRESENTATIONS OF THE PARTIES 5.1. Grantor’s Title Warranty. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Protected Property in fee simple and has good right to grant and convey this Agricultural Land Easement; that the Protected Property is free and clear of any and all encumbrances, including but not limited to, any mortgages not subordinated to this Agricultural Land Easement, and that the Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Agricultural Land Easement subject to existing easements for roads and public and private utilities. 5.2. Grantor’s Environmental Warranty. Grantor warrants that Grantor is in compliance with, and will remain in compliance with, all applicable Environmental Laws. Grantor warrants that Formatted: Tab stops: Not at 0" + 0.13" + 0.31" + 0.44"