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Agenda - 01-15-2008-3c
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Agenda - 01-15-2008-3c
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Last modified
8/4/2009 12:16:27 PM
Creation date
8/28/2008 9:27:43 AM
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BOCC
Date
1/15/2008
Document Type
Agenda
Agenda Item
3c
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Minutes - 20080115 - Late
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2008
RES-2008-001 Approval of Easement William Breeze Sr
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2008
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Breeze Agricultural Conservation Easement (I) 12/21/07 draft (clean) ~ <br />upkeep or maintenance of the Property. Grantor will remain responsible for upkeep, <br />maintenance, and repairs to any impoundments located on the Property. <br />(c) Liability and Indemnification -- Grantors agree to indemnify and hold Grantee and <br />the United States harmless from any and all costs, claims or liability, including but not limited to <br />reasonable attorneys' fees arising from any personal injury; accidents, negligence or damage <br />relating to the Property, 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 Property with the limits as follows: (i) $300,000 per <br />person for personal injury or death, $300,000 per occurrence, and (ii) $300,000 per occurrence <br />for property damage; and warrant that Grantee is and will remain a named insured on Grantors' <br />Property insurance policies covering the Property. Grantors shall provide Grantee with a <br />certificate of insurance coverage on the effective date of this Conservation Easement and within <br />10 days of each insurance renewal date. <br />18. Enforcement <br />With reasonable advance notice to the Grantor or with the Grantor's prior verbal consent, <br />Grantee shall have the right to enter the Property for the purpose of inspecting for compliance <br />with the terms of this Conservation Easement. Grantee shall have the right to prevent violations <br />and remedy violations of the terms. of this Conservation Easement through judicial action, which <br />shall include, without limitation, the right to bring proceedings in law or in equity against any <br />party or parties attempting to violate the terms of this Conservation Easement. Except when an <br />ongoing, or imminent violation could irreversibly diminish or impair the Conservation Values of <br />the Property, Grantee shall give the Grantor written notice of the violation and thirty (30) days to <br />cure the violation, before commencing any legal proceedings. Grantee may obtain an injunction <br />to stop a violation or a threatened violation, temporarily or permanently. The parties agree that a <br />court may issue an injunction or order requiring the Grantor to restore the Property to its <br />condition prior to the violation, as restoration of the property may be the only appropriate <br />remedy. In any case where a court fords that a violation has occurred, the Grantor shall <br />reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including <br />but not limited to reasonable attorneys' fees. The failure of Grantee to discover a violation or to <br />take immediate legal action shall not bar it from doing so at a later time for that violation or any <br />subsequent violations. In any case where a court finds no such violation has occurred, each party <br />shall bear its own costs. In any case where the court finds that there was a complete absence of a <br />justiciable issue of either law or fact raised by the losing party, the court may award a reasonable <br />attorney's fee to the prevailing party as provided by applicable law. To the extent required by <br />law, the preceding sentence does not apply to the United States should the United States become <br />the Grantee under this easement. <br />In the event that Grantee fails to enforce any of the terms of this Conservation Easement <br />as determined in the sole discretion of the Secretary of the United States Department of <br />Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the <br />right to enforce the terms of the Conservation Easement through any and all authorities available <br />under federal or State law. In the event that Grantee attempts to terminate, transfer, or otherwise <br />
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