Agenda - 09-16-2003-5c - Laserfiche WebLink

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Trinity School Conservation Easement Draft 8/28/03 15 injury or property damage (including damage to the Easement Area) to Grantors or any third party, resulting in any manner from Grantee's exercise of any of its rights hereunder, except to the extent the liability, damage, loss, cost or expense arises from the negligence or willful misconduct of Grantor. 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 Grantors, or in any way to affect any existing obligation of the Grantors as owners 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) Unkeen 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 obligation for the upkeep or maintenance of the Easement Area except to the extent elsewhere required by this Conservation Easement. 6. ACCESS. No right of access by the general public to any portion of the Easement Area is conveyed by this Conservation Easement, except for the proposed future pedestrian trail set forth in Paragraphs 2.2, 3(c) and 4(c) above. 7. ENFORCEMENT. The Grantee shall have the right to prevent and correct violations of the terms of this Conservation Easement. (a) With advance written notice the Grantee may enter the Easement Area for the purpose of inspecting for violations. If the Grantee finds a violation, it may, in its discretion, take appropriate legal action. Except when an ongoing or imminent violation could substantially diminish or impair the conservation values of the Easement Area, the Grantee shall give the Grantor written notice of the violation and 120 days to correct it (or begin good faith efforts to correct in the event the violation is something which cannot be reasonably corrected in 120 days before filing any legal actions. Grantee has the right to enforce the terms of this Conservation Easement by civil action, including the remedy of injunction, mandatory and prohibitory. The failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time. (b) Grantee shall not bring any action against Grantors for any injury or change to the Easement Area caused by third parties, or resulting from causes beyond the Grantors' control, including, without limitation, fire, flood, storm and naturally caused earth movement, or from any prudent action taken in good faith by the Grantors under emergency conditions to prevent,