Orange County NC Website
uRBulul9f19 �ua�i�uii�uid <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 />with a certificate of insurance coverage on the effective date of this Conservation Easement and <br />within 10 days of each insurance renewal date. <br />6. ACCESS. No right of access by the general public to any portion of the <br />Easement Area is conveyed by this Conservation Easement. However, the public has the right to <br />view the Easement Area from adjacent publicly accessible areas such as public roads and <br />waterways. <br />7. ENFORCEMENT. The Grantee shall have the right to prevent and correct <br />violations of the terms of this Conservation Easement. <br />(a) With reasonable advance notice provided to the Grantors or with the Grantor's <br />prior verbal consent, the Grantee shall have the right to enter the Easement Area for the purpose <br />of inspecting for compliance with the terms of this Conservation Easement. The Grantee shall <br />Page 9 of 15 <br />