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Agenda - 09-12-2006-6c
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Agenda - 09-12-2006-6c
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Last modified
9/2/2008 5:08:53 AM
Creation date
8/29/2008 9:46:08 AM
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BOCC
Date
9/12/2006
Document Type
Agenda
Agenda Item
6c
Document Relationships
Minutes - 20060912
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2006
RES-2006-074 Agricultural Conservation Easement with Vickie & David McKee
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2006
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McKee Agriczdtza°al Conservation Easement Draft #4 (BOCC)~ <br />1(~ <br />17.. Ongoing Responsibilities of Grantors and Gr°antee <br />Other than as specified herein, this Conservation Easement is not intended to impose any <br />legal or other responsibility on Grantee or the United States, or in any way to affect any existing <br />obligation of the Grantors as owners of the Property. Among other things, this shall apply to: <br />(a) Taxes -- The Grantors 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 Grantors will reimburse Grantee for the same.. <br />(b) Up/ceep 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 Properly, including the maintenance of adequate comprehensive general <br />liability insurance coverage. Grantee and the United States shall have no obligation for'the <br />upkeep or maintenance of the Property., Grantors will remain responsible for upkeep, <br />maintenance, and repairs to any impoundments located on the Property.. <br />(c) Liability and L:denmifrcation -- 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 darnage <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, 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 />Grantors' Property insurance policies covering the Property. Grantors shall provide Grantee with <br />a certificate of insurance coverage on the effective date of this Conservation Easement and within <br />10 days of each insurance renewal date.. <br />18. ExtirzguisTvnent ofDevelopnzent Rights <br />Except as otherwise reserved to the Grantors in this Conservation Easement, the parties <br />agree that all development rights appurtenant to the Property are hereby now released, terminated <br />and extinguished, and may not be used on or transferred to any portion of the Property as it now <br />or hereafter may be bounded or described, or used or transferred to any other property adjacent or <br />otherwise, nor used for the purpose of calculating permissible lot yield of the Property or any <br />other property by anyone or any entity including the Grantee. <br />19. Enforcement <br />With reasonable advance notice to the Grantors or with the Grantors' prior verbal <br />consent, Grantee shall have the right to enter the Property for the purpose of inspecting for <br />compliance with the terms of this Conservation Easement. Grantee shall have the right to <br />prevent violations and remedy violations of the terms of this Conservation Easement tluough <br />Page 11 of 18 <br />
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