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BOCC Draft 11-22-04 2 3 <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) 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 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. Grantors will remain responsible for upkeep, maintenance, and repairs to any <br />impoundments located on the Property. <br />(c) Liabilih~ mtd htdenmification -- 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 />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 bylaw. In addition, Grantors agree to maintain liability <br />insurance covering the Property with the limits as follows: $.300,000, $.300,000 personal injury; <br />and $300,000 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. Extinguislamettt of Development 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 released, terminated and <br />extinguished, and may not be used orr or transferred to any portion of the Property as it now or <br />hereafter maybe 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, <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 prevent <br />violations and remedy violations of the terms of this Conservation Easement tlrrough,judicial <br />action, which shall include, without limitation, the right to bring proceedings in law or in equity <br />against any party or parties attempting to violate the terms of this Conservation Easement. <br />Except when an ongoing, or imminent violation could irreversibly diminish or impair the <br />conservation values of the Property, Grantee shall give the Grantors written notice of the <br />violation and thirty (30) days to cure the violation, before commencing any legal proceedings, <br />Grantee may obtain an injunction to stop a violation or a threatened violation, temporarily or <br />permanently. The parties agree that a court may issue an injunction or order requiring the <br />Grantors to restore the Property to its condition prior to the violation, as restoration of the <br />