AG 2008 02 18 - Laserfiche WebLink

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tain the Trail and to promptly make any repairs to Trail and any improvements associated therewith as the need For such repairs arise. J&B Development shall bear no responsibility under its aforesaid warranty or otherwise for any repairs or damages caused by or related to water dam- age, flooding, sudden movements of water, or other similar forces majeure or acts of God. b. Upon completion of the construction of the Trail, J&B Development shall turn over maintenance to County of the portion of the Trail located on the real property owned by County, and County shall hereby accept responsibility for the same. County acknowledges and agrees that any and all liability of J&B Development with regard to the constmction of the Trail or any matter associated therewith shall cease upon the completion of constmction and the deliv- ery of the completed Trail to County, except that J&B Development shall warrant the constmc- tion and materials for a period of one (1) year: There are no other warranties whatsoever, whether express or implied, including any warranties of merchantability or fitness for any particular purpose. J&B Development shall designate the Delivery Date of the completed Trail to County by written notice, which shall be sent to the designated address contained herein by first class U.S. mail or facsimile, which J&B Development so chooses. Except for the aforesaid one (1) year warranty, upon delivery of the Trail, County shall bear all responsibility, at its sole cost and expense, for the part of the Trail located on County property to regularly manage. and maintain the Trail and to promptly make any repairs to Trail and any improvements associated therewith as the need for such repairs arise. J&B Development shall bear no responsibility under its aforesaid warranty or otherwise for any repairs or damages caused by or related to water dam- age, flooding, sudden movements of water, or other similar forces majeure or acts of God. c. Except for the aforesaid one (1) year warranty, Moss Creek Association, County and Board of Education acknowledge and agree that any and all liability of J&B Development with regard to the constmction of the Trail or any matter associated therewith shall cease upon the completion of constmction and the delivery of the completed Trail to the respective parties. From the Delivery Date thereafter, Moss Creek Association, County and Board of Education shall indemnify and hold harmless J&B Development from all damages, both actual and punitive, loss, claims, and causes of action, including reasonable attorneys' fees, that arise or are threat- ened from or relating to any alleged injury to person or property that results from the use, opera- tion or maintenance of the Trail. 3. Access Easement for Use and Enjoyment of Trail. Moss Creek Association ac- knowledges that one of the purposes of the Trail is to provide access to the natural habitat of many indigenous flora and fauna for the educational benefit of the students at the adjacent Schools. Therefore, at the Delivery Date, Moss Creek Association shall grant to County and Board of Education a permanent, appurtenant access easement for the use of the Trail by school- children and authorized school personnel. This easement shall be fifteen feet (15') in width and shall mn the entire length of the Trail as the same is shown on Exhibit A, including the access points into Moss Creek Village. County and Board of Education's access and use of the Trail shall be limited to walking, biking, and hiking within the confines of the Trail surface and ob- serving the flora and fauna within sight of the Trail from the trail surface. County and Board of Education hereby acknowledge that their students will be the predominant beneficiaries of the Trail and the easement granted herein, and County and Board of Education hereby agree that G-6 3