Agenda - 09-02-2003-5b - Laserfiche WebLink

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Steep Bottom Branch Conservation Easement 7-11-03 draft 11 (a) Right to Protect. The right to preserve and protect the conservation values of the Easement Area and enforce the terms of this Conservation Easement. (b) Ri t of Entry. Grantee, its employees, representatives, and agents and its successors and assigns, have the right, after prior written notice to Grantor, to enter the protected Easement Area at least once yearly for the purposes of: (a) inspecting the protected Easement Area to determine whether the Grantor, their representatives, assigns, heirs and successors are complying with the covenants and purposes of this Conservation Easement; and (b) monitoring and research as described below. (c) Monitoring and Research. The right, but not the obligation, to monitor the native plant and wildlife populations, plant communities and natural habitats on the Easement Area. Grantee agrees that all monitoring activity, inventory and assessment work or other natural resource research conducted by Grantee or others shall be reported to Grantor. Grantor agrees that all monitoring activity, inventory and assessment work or other natural resource research conducted by Grantor or others shall be reported to Grantee. (d) Management of Exotics and Invasive Species. The right, but not the obligation, to control, manage or destroy exotic non-native species or invasive species of plants and animals that threaten the conservation values of the Easement Area. Grantee will consult with Grantors prior to implementing control activities. Grantee shall, to the extent permitted by law and to the extent of coverage available from policies of insurance maintained by Grantee from time to time, indemnify and :hold Grantor harmless from any liability, damage, loss, cost or expense, including reasonable attorney fees, for personal injury or property damage (including damage to the Easement Area) to Grantor or any third party, resulting in any manner from Grantee's exercise of any of its rights hereunder. 5. RESPONSIBILITIES OF GRANTOR AND GRANTEE NOT AFFECTED. Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on the Grantor, or in any way to affect any existing obligation of the Grantor as owner of the Easement Area. Among other things, this shall apply to: (a) Taxes -The Grantor shall be solely responsible for payment of all taxes and assessments levied against the Easement Area. (b) Upkeep and Maintenance -The Grantee shall have no obligation for the upkeep or maintenance of the Easement Area. The granting of this Conservation Easement shall not in and of itself be construed to create or impose upon the Grantors any