Orange County NC Website
RS5734 463 9/20 <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 /> Property. Grantee agrees that all monitoring activity, inventory and assessment <br /> work or other natural resource research conducted by Grantee or at Grantee's <br /> direction or with Grantee's permission shall be reported to Grantor. Grantor <br /> agrees that all monitoring activity, inventory and assessment work or other natural <br /> resource research conducted by Grantor or at Grantor's direction or with <br /> 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 Property. Grantee will <br /> 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 Property. 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 Property. If Grantee is ever required to pay any taxes or <br /> assessments on its interest in the Property,the Grantor will reimburse Grantee for 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 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. Grantor will remain responsible for upkeep, maintenance, and repairs to any <br /> impoundments located on the Property. <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 /> Property, or any claim thereof,unless due to the negligence of Grantee or agents of Grantee, in <br /> which case liability shall be as provided by law. In addition, Grantor agrees to maintain liability <br /> insurance covering the Property with the limits as follows: (i) $300,000 per person for personal <br /> injury or death, up to $300,000 per occurrence; and (ii) $300,000 per occurrence for property <br /> damage; and warrant that Grantee is and will remain a named insured on Property insurance <br /> policies covering the Property. Grantor shall provide Grantee with a certificate of insurance <br /> coverage on the effective date of this Conservation Easement and within 10 days of each <br /> insurance renewal date. <br /> Page 9 of 16 <br />