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Brooks Farm - Conservation Easement Draft #2 BOCC 18
<br />Other than as specified herein, this Conservation Easement is not intended to impose any
<br />legal or other responsibility on Grantee or the United States, or in any way to affect any existing
<br />obligation of the Grantors as owners of the Property. Among other things, this shall apply to:
<br />(a) Taxes — The Grantors shall continue to be solely responsible for payment of all
<br />taxes and assessments levied against the Property. If Grantee is ever required to pay any taxes or
<br />assessments on its interest in the Property, the Grantors will reimburse Grantee 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 Property, including the maintenance of adequate comprehensive general
<br />liability insurance coverage. Grantee shall have no obligation for the upkeep or maintenance of
<br />the Property. Grantors will remain responsible for upkeep, maintenance, and repairs to any
<br />impoundments located on the Property.
<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 (i) any personal injury, accidents, negligence or damage relating to
<br />the Property, or any claim thereof; (ii) any violation of any federal, state or local environmental
<br />or land use law or regulation or the use of or presence of hazardous substances, waste or other
<br />regulated materials in, on or under the Property; and (iii) Grantee's exercise of its rights of entry
<br />pursuant to this Conservation Easement; provided, however that if such costs, claims or liability
<br />are due in whole or in part to the negligence of Grantee or its agents, contractors or employees,
<br />liability shall be apportioned accordingly.
<br />In addition, Grantors agree to maintain liability insurance covering the Property
<br />with the limits as follows: (i) $300,000 per person for personal injury or death, $300,000 per
<br />occurrence, and (ii) $300,000 per occurrence for property damage; and warrant that Grantee is
<br />and will remain a named insured on Grantors' property insurance policies covering the Property.
<br />Grantors shall provide Grantee with a certificate of insurance coverage on the effective date of
<br />this Conservation Easement and within 10 days of each insurance renewal date.
<br />Grantors shall indemnify and hold harmless Grantee, its employees, agents, and
<br />assigns for any and all liabilities, claims, demands, losses, expenses, damages, fines, fees
<br />penalties, suits, proceedings, actions, and costs of actions, sanctions asserted by or on behalf of
<br />any person or governmental authority, and other liabilities (whether legal or equitable in nature
<br />and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees
<br />on appeal) to which Grantee may be subject or incur relating to the Property, which may arise
<br />from, but are not limited to, Grantors' negligent acts or omissions or Grantors' breach of any
<br />representation, warranty, covenant, agreements contained in this Conservation Easement Deed,
<br />or violations of any Federal, State, or local laws, including all Environmental Laws.
<br />18. Enforcement
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