Agenda - 12-01-2003-5a - Laserfiche WebLink

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Draft 12/1/0.3 (clew:) 13 1.5, Natural Resource Restoration and Enhancement Activities Notwithstanding any terms contained within this Easement, Grantors may engage or' contract others to engage in any activity designed to repair, restore, or otherwise enhance the natural resources found or once present on the Property, that are consistent with the conservation values of this conservation easement and subject to the written approval of Grantee and the NRCS. 16. Ongoing Responsibilities of Grantors and Grantee Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the Grantors as owners of the Property. Among other things, this shall apply to: (a) Taxes -- The Grantors shall continue to be solely responsible for payment of all taxes and assessments levied against the Property.. If the Grantee is ever required to pay any taxes or assessments on its interest in the Property, the Grantor will reimburse the Grantee for the same. (b) Upkeep and Maintenance -- The Grantors shall Continue to be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. The Grantees shall have no obligation for the upkeep or maintenance of'the Property.. (c) Liability and Indemnification -- Grantors agree to indemnify and hold Grantee harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys' fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly.. In addition, Grantors agree to maintain liability insurance covering the Property with the limits as follows: $300,000; $.300,000 personal injury; and $300,000 property damage; and war'r'ant that Grantee is and will remain a named insured on Grantors' Property insurance policies covering the Property, Grantors shall provide Grantee with a certificate of insurance coverage on the effective date of this Easement and within 10 days of each insurance renewal date.. 17. Extinguishment of Development Rights Except as otherwise reserved to the Grantors in this Easement, the parties agree that all development rights appurtenant to the Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of'the Property as it now or hereafter may be bounded or described, or used or transferred to any other property adjacent or otherwise, nor used for the purpose of calculating permissible lot yield of the Property or any other property.