Agenda - 12-17-1996 - 9c - Laserfiche WebLink

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3 • the Grantee (which will be Orange County until the easement is assigned to another qualified entity)may maintain"general liability insurance covering the activities of its employees, members and volunteers on the Protected Property". Thus,the homeowners association would be liable for injuries, damages, etc., incurred by the residents of the subdivision and the public in general, as well as injuries, damages etc. incurred in the course of maintenance. The County would be liable only for injuries, damages, etc. resulting solely from activity of its employees, or volunteers or experts which it may invite onto the property. County employee contact with the property would be limited to occasional (perhaps annual) inspections for monitoring purposes. General liability insurance carried by the County protects the County in the event of injury to the general public incurred on County property, or in connection with a County-related function in which the public is "invited" onto property which is under different ownership. Worker's Compensation protects the County in the event of injury to its employees in performing work-related activities, both on and off County property. Discussion with the County's insurance provider indicated that there is no insurable interest with regard to general liability posed by the acceptance of the easement, and no additional insurance coverage would be needed. It is recommended that the easement require that the Homeowners Association maintain liability insurance, and that the County be named as an additional insured. The naming of Orange County a an additional insured would provide coverage for Orange County as well as the homeowners association in the event that Orange County was named in a personal injury or property damage suit involving the conservation area. It is expected that issues relating to creation of the land trust will be resolved by the time the easements for Phases III and IV would be considered, and that additional liability issues that may arise from expanded grantee rights would be addressed through the land trust. Removal of Hurricane Debris The portion of the conservation area in Phase I has been subject to beaver activity, both current and past. Beaver impacts are particularly extensive in the area just downstream from New Hope Church Road,where there are numerous trunks of dead trees standing within a broad area of wetlands. This portion of the conservation area was also heavily damaged by Hurricane Fran. Approximately 10-15 large trees, located mostly on the slopes just outside of the conservation area, were uprooted and fell into the conservation area. It is recommended that storm debris within this heavily-damaged portion of the easement be removed by the developer prior to conveyance of the property to the homeowners association. Storm damage on individual lots will be cleared as lots are developed.