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6.4. <br /> <br />6.5. <br /> <br />6.6. <br /> <br />6.6 <br /> <br />This Easement may be extinguished only (i) if unexpected change in the <br />conditions of or surrounding the Protected Property makes the continued use <br />o f the Protected Property for the conservation purposes set out above <br />impossible or impractical or (ii) pursuant to the proper exercise of the power <br />of eminent domain. <br /> <br />The Owner recognizes that uses of the Protected Property prohibited by this <br />Easement may, in the future, become more economically viable than those <br />uses permitted by the Easement. The Owner also recognizes that neighboring <br />properties may, in the future, be put entirely to uses not permitted on the <br />Protected Property by this Easement. <br /> <br />The Owner and the City believe that such changes will increase the public <br />benefit provided by this Easement. Therefore, such changes are not <br />considered unexpected changes and shall not bb deemed to be circumstances <br />justifying the extinguishment of this Easement as otherwise set forth above. <br /> <br />Proceeds. If this Easement is extinguished or terminated in whole or in part, the <br />City is entitled to a portion of any proceeds of a sale, exchange or involuntary <br />conversion in an amount that is equal to the fair market value of this Easement at <br />the time of the extinguishment but that is not less than an amount equal to the <br />proportionate value that this Easement bears to the value of the Protected Property <br />as a whole at the time of this conveyance. The City shall use its share of any <br />proceeds in a manner consistent with the conservation purposes of this Easement. <br /> <br />Warranties. The Owner represents and warrants as follows: <br /> <br />a. The Owner is the sole owner of the Protected Property in fee simple and has <br /> the right and ability to Convey this Easement to the City. <br /> <br />b. The Protected Property is free and clear of all encumbrances other than those <br /> subordinated to this Easement. <br /> <br />The Owner has no actual knowledge of any use or release of hazardous waste <br />or toxic substances on the Protected Property that is in violation of a federal, <br />state or local environmental law and will defend, indemnify and hold the City <br />harmless against any claims of contamination from such substances. <br /> <br />Real Estate Taxes. The Owner shall pay all real estate taxes and assessments <br />levied against the Protected Property. <br /> <br /> Ownership Costs and Liabilities. The Owner retains ali responsibilities and shall <br />bear all costs and liabilities of any kind related to the ownership of the Protected <br />Property. The City agrees to defend, indemnify and hold the Owner harmless from <br />any and all costs or liability for any personal injury occurring on or related to the <br /> <br />17 <br /> <br /> <br />