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COM 0230.004 2004-2006
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COM 0230.004 2004-2006
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Last modified
5/13/2008 3:06:22 AM
Creation date
5/8/2008 11:30:49 PM
Metadata
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Template:
Communications
Communications - Type
COM
Communications - Council Term
2004-2006
Communication
0230
Point
004
Author
Lisa Bail, Goodsill, Anderson, Quinn and Stifel
Communications - Referred To
PC
Comments
PC: Close File - 11/8/05 PC: Postponed - 5/17/05 Presented: PC - 5/17/05
Document Relationships
AGE PC 05/17/2005 2004-2006
(Related)
Path:
\Council Records\Agendas\2004-2006\Planning Committee (PC)
AGE PC 11/08/2005 2004-2006
(Related)
Path:
\Council Records\Agendas\2004-2006\Planning Committee (PC)
BIL 089 Draft 01 2004-2006
(Related)
Path:
\Council Records\Bills\2004-2006
COM 0230.000 2004-2006
(Related)
Path:
\Council Records\Communications\2004-2006
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<br /> hay-13-05 Ia:07 FroerG00DSILL ANDERSON +8085475880 T-A04 P.19/3' F-005 <br /> pert©rm and carry out as a common expense, any obligation in <br /> any ®uch grant of easement, with respect to prcviding and <br /> maintaining any screening, planting or lanaseaping or similar <br /> requirement as to facilities within said granted premises which <br /> may now Or hereafter 6e required by law, oYdinance or govern- <br /> mental agency, and (G) to indemnify and to hold harmless the <br /> Grantor and its suaaeasors and assigns and the grantee under <br /> any such grant of easement from all loss or liability arising <br /> from any breach oP these undertakings and agreements. <br /> AND the Grantee hereby acknowledges that the 9Yant~;d <br /> premises axe adjacent to the Golf Club as defined in said <br /> Declaration of Easements ana covenants relating to Golf Course <br /> and Golf Club Aroperty dated 19 <br /> refezzed to in Exhibit A; these the development, maintenance, <br /> operation and use of the Golf Club, as more particularly des- <br /> cribed in the Galf Declaration, may a!l2ct the Grantee's use <br /> and enjoyment of the granted premises; that the operation of <br /> the Golf Club and the layout eP the golf course and dYlVing <br /> range may be revised or modified at any time at the discretl•~n <br /> of the owner or operator of the Golf Club; and that the loca- <br /> tion of the granted premises with respect to the Go1P club may <br /> result in nuisances, noxious emissions, disturbances or hazards <br /> Co persons end property on or within the granted premises a= z <br /> r@ault of such Golf Club operations, as more particularly <br /> described 1n the Go1P peclaration; and that tho QeVelopment, <br /> maintenance, operation and us® of the Golf club ana the activi- <br /> ties associated with the Golf Club may cause damage to props-ty <br /> and injury to ax death of persons or animals on the granted <br /> premises, as described in the Golf Declaration. The Grantee <br /> hereby represents and warrants to the Grantor that the Grar.t=e <br /> at the Grantee's sole di6Cxeticn has determined that Lhe <br /> benefits of the loaation of the granted premises With respect <br /> to the Golf Club outweighs such risks; and the Grantee hereby <br /> covenants and agrees to assume all risk9 of prgperty damage or <br /> personal injury arising Prom the development, maintenance, <br /> operation and use of the Golf Club, including, without limits- <br /> tion, the uses, operations and activities described in the G:alf <br /> Declaration. The Grantee further covenants anfl agrees to <br /> observe and perform all covenants and conditions imposed upo'.~ <br /> the Grantee as a "Residential Owner" under the Golf Declareticr: <br /> and that the Grantee will indemnify and hold and save harmless <br /> tees Grantor, as the owner of Lot as shown on File Plan <br /> and as the ownBY and operator of the Golf Club, and each <br /> of the Golf Club Indemnitees defined Sn the Golf Declaration, <br /> from any liability, claims ar expanses, Secluding att or n¢y5~ <br /> fees, arising from any property damage or personal injury to <br /> the property or persons of Grantee or guests, employnnq, <br /> tenants end oth e'r persona who may use the gra nt¢d premises <br /> arising as a result of the development, maintenanc®, operation <br /> or use of the Golf Club_ <br /> 3 <br /> <br />
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