Agenda - Council - 01/22/2008 - Laserfiche WebLink

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As a condition of any assignment or transfer, the City shall require any future holder of this CE & R to continue to carry out the Conservation Values of this CE & R in perpetuity. The City will notify the Owner of any assignment within fifteen (15) days of the assignment and will provide the Owner with the name and address of the new holder. SECTION 9 Amendment. Under appropriate circumstances, this CE & R may be modified or amended. However, no amendment or modification will be permitted if, in the sole judgment of the City, it (i) does not further the purpose of this CE & R, (ii) will adversely impact the Conservation Values protected by this CE & R, (iii) affects the perpetual duration of the CE & R, or (iv) affects the validity of the CE & R under Minnesota law. Any amendment or modification must be in writing and recorded in Anoka County Recorder's Office. SECTION 10 Warranties. The Owner represents and warrants as follows: A. The Owner is the fee owner of the Easement Areas in fee simple and has the right and ability to grant this CE & R to the City. B. The Easement Areas is free and clear of all encumbrances other than those subordinated to this CE & R. C. The Owner has no actual knowledge of any use or release of hazardous waste or toxic substances on the Easement Areas that is in violation of a federal, state or local environmental law and will defend, indemnify and hold the City harmless against any claims of contamination from such substances. SECTION 11 Real Estate Taxes. The Owner shall pay all real estate taxes and assessments levied against the Easement Areas. SECTION 12 Ownershiu Costs and Liabilities. The Owner retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership of the Easement Areas. The Owner will maintain liability insurance on the Easement Areas consistent with the Owner Tract. 8