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Agenda 06-03-2025; 8-t - Resolution of Approval – Conservation Easement on Property owned by Jane Saiers and Darin Knapp (RambleRill Farms)
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Agenda 06-03-2025; 8-t - Resolution of Approval – Conservation Easement on Property owned by Jane Saiers and Darin Knapp (RambleRill Farms)
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BOCC
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6/3/2025
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Business
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Agenda
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8-t
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RES-2025-029-Resolution of Approval – Conservation Easement on Property owned by Jane Saiers and Darin Knapp RambleRill Farms
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17 <br /> Other than as specified herein, this Conservation Easement is not intended to impose any <br /> legal or other responsibility on Grantee, or in any way to affect any existing obligation of the <br /> 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 Grantor 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 liability insurance coverage. <br /> Grantee shall have no obligation for the upkeep or maintenance of the Property. Grantors will <br /> remain responsible for upkeep,maintenance, and repairs to any impoundments located on the <br /> Property. <br /> (c) Liability and Indemnification -- 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 by law. In addition, Grantors agree to maintain liability <br /> insurance covering the Property with the limits as follows: (i) $300,000 per person for personal <br /> injury or death, $300,000 per occurrence, and(ii) $300,000 per occurrence for property damage; <br /> and warrant that Grantee is and will remain a named insured on Grantors' insurance policies <br /> covering the Property. Grantors shall provide Grantee with a certificate of insurance coverage <br /> on the effective date of this Conservation Easement and within 10 days of each insurance <br /> renewal date. <br /> 18. 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 through <br /> judicial action, which shall include, without limitation, the right to bring proceedings in law or in <br /> equity 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 /> property may be the only appropriate remedy. In any case where a court finds that a violation <br /> has occurred, the Grantors shall reimburse Grantee for all its expenses incurred in stopping and <br /> correcting the violation, including but not limited to reasonable attorneys' fees. The failure of <br /> Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at <br /> a later time for that violation or any subsequent violations. In any case where a court finds no <br /> Page 12 of 21 <br />
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