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ORD-2010-095 - Budget Amendment #5-A - Purchase of a Conservation Easement – Mark & Lori Volpe
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ORD-2010-095 - Budget Amendment #5-A - Purchase of a Conservation Easement – Mark & Lori Volpe
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Last modified
11/10/2015 3:51:40 PM
Creation date
12/15/2010 1:09:18 PM
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BOCC
Date
12/14/2010
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
5f
Document Relationships
Agenda - 12-14-2010 - 4f
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Path:
\Board of County Commissioners\BOCC Agendas\2010's\2010\Agenda - 12-14-2010 - Regular Mtg.
Minutes 12-14-2010
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Path:
\Board of County Commissioners\Minutes - Approved\2010's\2010
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Volpe Conservation Easement (South) <br />15 <br />Draft 11/19110 <br />covenants and purposes of this Conservation Easement; and (b) monitoring and <br />research as described below. <br />(c) Monitoring and Research. The right, but not the obligation, to monitor the native <br />plant and wildlife populations, plant communities and natural habitats on the <br />Easement Area. Grantee agrees that all monitoring activity, inventory and <br />assessment work or other natural resource research conducted by Grantee or at <br />Grantee's direction or with Grantee's permission shall be reported to Grantors. <br />Grantor agrees that all monitoring activity, inventory and assessment work or <br />other natural resource research conducted by Grantor or at Grantors' direction or <br />with Grantors' permission shall be reported to Grantee. <br />(d) Management of Exotics and Invasive Species. The right, but not the obligation, to <br />control, manage or destroy exotic non -native species or invasive species of plants <br />and animals that threaten the conservation values of the Easement Area. Grantee <br />will consult with Grantors prior to implementing any such control activities. <br />5. RESPONSIBILITIES OF GRANTORS AND GRANTEE NOT AFFECTED. <br />Other than as specified herein, this Conservation Easement is not intended to impose any legal or <br />other responsibility on the Grantors, or in any way to affect any existing obligation of the <br />Grantors as owners of the Easement Area. Among other things, this means: <br />(a) Taxes — The Grantors shall continue to be solely responsible for payment of all <br />taxes and assessments levied against the Easement Area. If Grantee is ever required to pay any <br />taxes or assessments on its interest in the Easement Area, the Grantors will reimburse Grantee <br />for the same. <br />(b) Upkeep and Maintenance — The Grantors retain all responsibilities and shall bear <br />all costs and liability of any kind related to the ownership, operation, and upkeep and <br />maintenance of the Easement Area, including the maintenance of adequate comprehensive <br />general liability insurance coverage. Grantee shall have no obligation for the upkeep or <br />maintenance of the Easement Area. Grantors will remain responsible for upkeep, maintenance, <br />and repairs to any impoundments located on the Easement Area. <br />(c) Liability and Indemnification — Grantors agree to indemnify and hold Grantee <br />harmless from any and all costs, claims or liability, including but not limited to reasonable <br />attorneys' fees arising from any personal injury, accidents, negligence or damage relating to the <br />Easement Area, or any claim thereof, unless due to the negligence of Grantee or agents of <br />Grantee, in which case liability shall be as provided by law. In addition, Grantors agree to <br />maintain liability insurance covering the Easement Area with the limits as follows: (i) $300,000 <br />per person for personal injury or death, up to $300,000 per occurrence; and (ii) $300,000 per <br />occurrence for property damage; and warrant that Grantee is and will remain a named insured on <br />Easement Area insurance policies covering the Easement Area. Grantors shall provide Grantee <br />Page 9of16 <br />
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