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Agenda 8-j - Resolutions of Approval – Conservation Easements on Two Eno River Association Properties and Approval of Budget Amendment #8-C
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Agenda 8-j - Resolutions of Approval – Conservation Easements on Two Eno River Association Properties and Approval of Budget Amendment #8-C
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5/1/2018
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8-j
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Agenda - 05-01-2018
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Page 10 of 18 <br />(d) Management of Exotics and Invasive Species. The right, but not the obligation, <br />to control, manage or destroy exotic non-native species or invasive species of <br />plants and animals that threaten the conservation values of the Easement Area. <br />Grantee will consult with Grantor prior to implementing any such control <br />activities. <br /> <br />5. RESPONSIBILITIES OF GRANTOR AND GRANTEE NOT AFFECTED. Other than as <br />specified herein, this Conservation Easement is not intended to impose any legal or other <br />responsibility on the Grantor, or in any way to affect any existing obligation of the Grantor as <br />owner of the Easement Area. Among other things, this means: <br /> <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 <br />for the same. <br /> <br />(b) Upkeep and Maintenance – The Grantor 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. <br /> <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. These policy limits may be amended from time to time by <br />written agreement of the parties to which the parties agree to be bound. Additionally, Grantor <br />warrants that Grantee is and will remain a named insured on Easement Area insurance policies <br />covering the Easement Area. 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 /> <br />6. ACCESS. No right of access by the general public to any portion of the Easement <br />Area is conveyed by this Conservation Easement. However, the public has the right to view the <br />Easement Area from adjacent publicly accessible areas such as public roads and waterways. <br /> <br />7. ENFORCEMENT. The Grantee shall have the right to prevent and correct <br />violations of the terms of this Conservation Easement. <br /> <br />22
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