AG 2008 02 18 - Laserfiche WebLink

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b. In order to facilitate the construction and maintenance of the Trail on the property owned by County, County hereby grants to J&B Development a forty foot (40') wide temporary construction easement, measured twenty (20) feet on either side of the centerline of the Trail as staked and constructed, that shall run the length of the Trail from the boundary line of the County and Moss Creek Association to the parking lot of each of the Schools, as the same is shown on Exhibit A. This easement shall include the right to cross the parking lots and yards of the Schools in order to access such easement area. This easement shall expire one (1) year after completion of the Trail including installation of the interpretive signage. The Parties hereby agree to execute additional documents, including but not limited to a deed of easement, in order to effectuate and/or more particularly memorialize this conveyance. a In order to facilitate the construction and maintenance of the Trail on the property owned by Moss Creek Association, Moss Creek Association hereby grants to J&B Development a forty foot (40') wide temporary construction easement, measured twenty (20) feet on either side of the centerline of the Trail as staked and constructed, that shall run the length of the Trail from the commencement of the Trail at a public right of way within Moss Creek to the boundary line of County and Moss Creek Association, as the same is shown on Exhibit A. This easement shall expire one (1) year after completion of the Trail including installation of the interpretive signage. The Parties hereby agree to execute additional documents, including but not limited to a deed of easement, in order to effectuate and/or more particularly memorialize this conveyance. d. J&B Development shall indemnify and hold harmless Moss Creek Association, County and Board of Education harmless from all damages, both actual and punitive, loss, claims, and causes of action, including reasonable attorneys' fees, that arise or are threatened from or relating to any alleged injury to person or property that results from any negligence in J&B Development's construction of the Trail on the real property owned by either Moss Creek Association or County. 2. Maintenance of the Trail. a. Upon completion of the construction of the Trail, J&B Development shall turn over to Moss Creek Association maintenance of the portion of the Trail located on the real prop- erty owned by Moss Creek Association, and Moss Creek Association shall hereby accept respon- sibility for the same. Moss Creek Association acknowledges and agrees that any and all liability of J&B Development with regard to the construction of the Trail or any matter associated therewith shall cease upon the completion of construction and the delivery of the completed Trail to the Moss Creek Association, except that J&B Development shall warrant the construction and materials for a period of one (1) year. There are no other warranties whatsoever, whether ex- press or implied, including any warranties of merchantability or Titness for any particular purpose. J&B Development shall designate the delivery date ("Delivery Date") of the completed Trail to Moss Creek Association by written notice, which shall be sent to Moss. Creek Associa- tion at the designated address contained herein by first class U.S. mail or facsimile, whichever J&B Development so chooses. Except for the aforesaid one (1) year warranty, upon delivery of the Trail, Moss Creek Association shall bear all responsibility, at its sole cost and expense, for the part of the Trail located on Moss Creek Association property to regularly manage and main- G-6 a