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Agenda - 12-10-2013 - 6f
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Agenda - 12-10-2013 - 6f
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Last modified
6/16/2015 3:43:31 PM
Creation date
12/6/2013 3:08:52 PM
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BOCC
Date
12/10/2013
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6f
Document Relationships
Minutes 12-10-2013
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2013
RES-2013-110 Resolution approving a Conservation Easement for Michael Hughes and Dale Morgan
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2013
S Warranty Deed of Conservation Easement - Michael M. Hughes and Dale A. Morgan
(Linked From)
Path:
\Board of County Commissioners\Various Documents\2010 - 2019\2013
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14 <br /> Fern Creek Conservation Easement OEM= <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 Grantor. <br /> Grantor agrees that all monitoring activity, inventory and assessment work or <br /> other natural resource research conducted by Grantor or at Grantor's direction or <br /> with Grantor's 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 Grantor prior to implementing any such control activities. <br /> 5. RESPONSIBILITIES OF GRANTOR 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 Grantor, or in any way to affect any existing obligation of the Grantor <br /> as owner of the Easement Area. Among other things, this means: <br /> (a) Taxes —The Grantor 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 Grantor will reimburse Grantee for <br /> the same. <br /> (b) Upkeep and Maintenance—The Grantor retains 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. Grantor will remain responsible for upkeep, maintenance, <br /> and repairs to any impoundments located on the Easement Area. <br /> (c) Liability and Indemnification —Grantor agrees 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, Grantor agrees 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 /> property insurance policies covering the Easement Area. Grantor shall provide Grantee with a <br /> Page 9 of 16 <br />
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