HomeMy WebLinkAbout2006 S ERCD - Agreement for County Co-Holding of Conservation Easements with the Eno River Associationp~~ ~,~~y/aoo6
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AGREEMENT REGARDING CO-HOLDING OF
CONSERVATION EASEMENTS
THIS AGREEMENT is made by and between ORANGE COUNTY, an
elected local body of local government of North Carolina, herein "County," and the
ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER VALLY, INC.,
a North Carolina non-profit corporation, herein "Eno River Association."
WITNESSETH
WHEREAS, ORANGE COUNTY seeks to protect and promote water quality,
natural areas and wildlife habitat, open space, and agricultural land uses in Orange
County by acquiring Conservation Easements consistent with an adopted Lands
Legacy action plan; and
WHEREAS, the ENO RIVER ASSOCIATION seeks to protect the nature,
culture and history of the Eno River basin by acquiring Conservation Easements
along the Eno River and its tributaries; and
WHEREAS, ORANGE COUNTY and the ENO RIVER ASSOCIATION
have found it beneficial to both their conservation programs, and in some instances
preferable to interested Orange County landowners, to jointly negotiate to acquire
Conservation Easements on lands that both have interests in protecting; and
WHEREAS, ORANGE COUNTY and the ENO RIVER ASSOCIATION desire to
enter into this Agreement to clarify and formalize their understanding about how such Joint
Conservation Easements will be acquired, financed, managed and enforced;
NOW, THEREFORE, ORANGE COUNTY and the ENO RIVER ASSOCIATION
agree:
1. Orange County and the Eno River Association may undertake and agree to
acquire by purchase or donation Conservation Easements on lands located within areas both
have an interest in and desire to protect.
2. Such Conservation Easements shall run in favor of both the County and the
Eno River Association, and shall include language protective of the interests of the County
and the Eno River Association as finally approved by the Board of County Commissioners
and the Board of Directors of the Eno River Association or their delegates, and providing that
such Joint Easements maybe enforced by either or both parties. Orange County and the Eno
River Association agree to cooperate with each other in activities necessary to assure
compliance with, and enforcement of such Conservation Easements.
3. Orange County and the Eno River Association will share the cost of acquiring
such easements as they shall determine on a case-by-case basis. Each entity shall cooperate
fully with the other by all reasonable means to assist in applications for reimbursement of the
acquisition costs of such Joint Conservation Easements. Notwithstanding the foregoing, any
reports or information required for either entity to seek separate reimbursement for its costs
shall be paid by that entity. Each entity shall pay its own attorneys fees.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized officers, to be effective from and after
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ORANGE COUNTY, NORTH CARD
By:
Orange Cp nt~f
ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER VALLEY, INC.
By:
Hol y Rei Presid
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