Laserfiche WebLink
they shall supervise and monitor all student use of the Trail located on Moss Creek Association <br />property. Further the County and Board of Education shall indemnify and hold harmless Moss <br />Creek Association from all damages, both actual and punitive, loss, claims, and causes of action, <br />including reasonable attorneys' fees, that arise or are threatened from or relating to any alleged <br />injury to person or property that results from the use, operation or maintenance of the Trail. The <br />Moss Creek Association shall have full power and authority to post and enforce reasonable rules <br />and regulations regarding the use of the Trail and the Schools, the County and the Board of Edu- <br />cation agree to abide by the same. <br />4. Conveyance or Dedication of Trail to County or City. Any party to this Agreement <br />shall have the power, without the necessity of the approval of any of the other parties hereto, to <br />dedicate any or all of its obligations and duties hereunder, including the conveyance of fee- <br />simple or an easement interest in and to the real property covered by this Agreement owned by <br />the conveying party, to Cabarrus County or to the City of Concord for operation and maintenance <br />of the Trail, provided the receiving party executes a written agreement agreeing to be bound by <br />the terms of this Agreement, and in such case the dedicating or conveying parry shall be com- <br />pletely relieved of all further duty, obligation and liability hereunder. <br />5. Notice. Any notice required or permitted to be given under this Agreement shall <br />be in writing and shall be deemed to have been given when deposited in the United States mail <br />via first class delivery, postage prepaid, or transmitted via facsimile, with delivery confirmation, <br />and addressed as follows: <br />J&B DEVELOPMENT: J&B Development and Management, Inc. <br />9450 Moss Creek Plantation Ave, N.W., Suite 201 <br />Fax (704) 782-7839 <br />Attention: Robert W. Burkett <br />With copy to: Moretz & Skufca, PLLC <br />37 Union St. South, Suite B <br />Concord, North Carolina 28025 <br />Fax (704) 721-3555 <br />Attention: Zachary M. Moretz <br />MOSS CREEK ASSOC.: Moss Creek Village Master Association, Inc. <br />Fax (704) <br />Attention: <br />COUNTY: <br />BOARD OF EDUCATION: <br />G_6 <br />