attached - Cherokee County Schools

More documents

Recommendations

Info

RIVER GREEN appurtenant. Maintenance responsibilities shall include repair and such capital improvements as are necessary for containment of surface and storm water flow and drainage within the Easement Areas. 5. Relocation. Each Party acknowledges and agrees that the owner of a Parcel on which an Easement Area is located shall have the right to relocate the Easement Area or drainage infrastructure within the Easement Area at any time upon thirty (30) days’ notice to the Party benefitted by the Easement. The cost of any relocation initiated by the owner of a Parcel on which an Easement Area is located shall be borne by the owner of the Parcel. Upon relocation of an Easement Area, this Agreement shall be amended to release the old Easement Area, and to describe the new Easement Area. Each Party agrees to execute and deliver any such amendment within ten (10) days of notice by the other Party. 6. Development. Each Party hereby reserves unto itself, all rights of ownership to that Party’s Parcel not inconsistent herewith, including without limitation, the right to improve its Parcel as it deems appropriate. 7. Dedication. (a) The easements and associated maintenance responsibilities granted in this Agreement shall automatically terminate, without the necessity of further documentation, with respect to any portion of an Easement Area that is accepted for dedication by a governmental or quasi-governmental authority, as and when any portion of the Easement Area is accepted for dedication, so long as the dedication does not unreasonably reduce or otherwise materially and adversely affect the rights of the benefitted Party to use the Easement Area for the purposes described herein. Each Party agrees upon request of any Party to execute and deliver a termination of this easement upon dedication. (b) Each grantee of an easement hereunder acknowledges that the grant of the easement herein shall in no way constitute or create in the grantee of the easement any right to oppose, consent to or participate in any decision on the part of the grantor of the easement to dedicate any portion of the grantor’s Easement Area to an appropriate governmental or quasi-governmental authority. To the extent the grantee of an easement hereunder may have any right, whether express or implied, to consent to dedication by the owner of the Easement Parcel, the grantee of the easement hereby waives all such rights, so long as the dedication does not materially reduce grantee’s rights to use the Easement Area for the purposes described herein. As a condition to the grant of the easement in this Agreement, the grantee of each easement agrees to cooperate with grantor of each easement and any governmental authority in the dedication of an Easement Area. Each grantee agrees to join in the dedication at the request of the grantor of an easement, so long as the dedication does not materially reduce the rights of the grantee of the easement to use the Easement Area for the purposes described herein. (c) This Agreement is solely for the benefit of the Parcels and the owners of the Parcels. Nothing contained in this Easement Agreement shall be deemed to be a gift or dedication of any portion of an Easement Area to the general public or for any public purpose whatsoever, the intention of the parties being to limit this Agreement to the purposes expressed herein. AT:207968v6 - 4 -
RIVER GREEN 8. Indemnification. Each Party hereby agrees to indemnify and hold harmless the other Party from and against any and all costs, fees (including reasonable legal fees), expenses, damages, fines, penalties, liabilities and/or damages resulting from or relating to the indemnifying Party’s availing itself of the easements granted same herein. 9. Miscellaneous. (a) Binding Effect. The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of each Party hereto, and their respective heirs, executors, administrators, legal representatives, successors, and assigns as owner of a Parcel, and shall be deemed to benefit and burden and run with the title of the pertinent Parcel. The terms and provisions of this Agreement shall be covenants running with the land. The grant of the easements in this Agreement are independent of any covenant or contractual agreement undertaken by the Parties to this Agreement, and a breach by either Party of any covenant or contractual agreement hereunder shall not cause a forfeiture or reversion of the easement granted in this Agreement. (b) Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Georgia. (c) Captions and Headings. All captions and headings are solely for reference purposes only and shall not be used to interpret or otherwise alter the text of this Agreement. (d) Entire Agreement. This Agreement contains the sole and entire agreement of the Parties hereto with respect to matters contemplated hereunder, and no representation, inducement, promise or agreement, verbal or written, between the Parties and not incorporated herein shall be of any force or effect. Any amendment to this Agreement shall be in writing and executed by the Parties hereto. (e) Severability. If any provision of this Agreement, or any portion thereof, or the application thereof to any Party or circumstances shall to any extent be held invalid, inoperative or unenforceable by a court of competent jurisdiction, the remainder of this Agreement, or the application of such provision or portion thereof to any other Parties or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (f) Waiver. No failure of either Party to exercise any power given to a Party hereunder to insist upon strict compliance by the other Party of its obligations hereunder, and no custom or practice at variance with the terms hereof shall constitute a waiver of the right to demand exact compliance with the terms hereof. (g) Counterparts. This Agreement may be executed in separate counterparts, each of which shall be an original, and all of which shall constitute but one instrument. [SIGNATURES ON FOLLOWING PAGES] AT:207968v6 - 5 -
Page 1 and 2: RIVER GREEN UPON RECORDING, PLEASE
Page 3: RIVER GREEN basin), as depicted Exh
Page 7 and 8: RIVER GREEN Counterpart Signature P
Page 9 and 10: RIVER GREEN 53 seconds West a dista
Page 11 and 12: RIVER GREEN EXHIBIT A-2 River Green
Page 13: RIVER GREEN EXHIBIT C Easement Area

attached - Cherokee County Schools

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?