OBLIGATIONS OF GRANTOR. a. Grantor has the sole discretion to limit the general public’s winter motor vehicle access along the Road by locking the existing cattleguard gate and requiring that the 12’ Gate located at the cattleguards shown on the Plat be closed and locked, as necessary for health, safety, and welfare. b. Except when the Easement is terminated or suspended as provided under ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇ ▇▇▇▇ Association has the right to plow the Road except in the case of emergencies, or when the Road is closed for significant repairs, weather events or other unforeseen emergencies which require the Road be closed to all uses. c. Notwithstanding anything in this Agreement to the contrary, Grantor shall not take, fail to take, or allow any action, including seeking injunctive relief, which would result in unreasonable interference with the Grantee’s rights as set forth herein. d. Upon completion of the MMRT by Grantee at Grantee’s cost in accordance with the specifications agreed upon by the parties in writing, Grantor shall accept the same in its “as built” condition. After said acceptance, Grantor shall be solely responsible for all maintenance and management obligations of the MMRT,5 and Grantee shall have no further 5 While the Grantor undertakes any on-going maintenance obligations concerning the MMRT once it is accepted by the Grantor, the Grantor has limited revenue to devote to such maintenance and shall be performed at Grantor’s sole discretion. responsibility whatsoever to contribute funds or labor to maintain the MMRT. Grantor shall be the sole determiner of proscribing, by resolution or otherwise, the allowed uses of the MMRT at any time during the year (such uses which may include, but are not limited to, skiing, snowshoeing, snowmobiling, hiking, and bicycling), subject to the limitations in the ▇▇▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLC Trail Easement recorded at Reception Numbers and . Upon acceptance of the MMRT, Grantor agrees, to the extent allowed by law to indemnify, defend, and hold harmless Grantee and Road Association from and against loss or expense by reason of any claim or suit for damages because of personal bodily injury, death, or property damage incurred by any member of the public arising out of or relating to use of the MMRT. e. County will instruct MMRT groomers not to plow snow onto the Road or Driveways, except that when grooming over Driveways and Road crossings MMRT groomers may replenish snow to achieve the snow cover standard set forth in paragraph 3c above.
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Sources: Easement Agreement
OBLIGATIONS OF GRANTOR. a. Grantor has the sole discretion to limit the general public’s winter motor w heeled vehicularmotor vehicle access along the Road by locking the existing cattleguard gate and requiring that the 12’ Gate located at the cattleguards shown on the Plat be closed and locked, as necessary for health, safety, and welfare.
b. Except when the Easement is terminated or suspended as provided under ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇ ▇▇▇▇ Association has the right to plow the Road except in the case of emergencies, or when the Road is closed for significant repairs, weather events or other unforeseen emergencies which require the Road be closed to all uses.
c. Notwithstanding anything in this Agreement to the contrary, Grantor shall not take, fail to take, or allow any action, including seeking injunctive relief, which would result in unreasonable interference with the Grantee’s rights as set forth herein.
d. Upon completion of the MMRT by Grantee at Grantee’s cost in accordance with the specifications agreed upon by the parties in writing, Grantor shall accept the same in its “as built” condition. After said acceptance, Grantor shall be solely responsible for all maintenance and management obligations of the MMRT,5 MMRT,3 and Grantee shall have no further 5 While the Grantor undertakes any on-going maintenance obligations concerning the MMRT once it is accepted by the Grantor, the Grantor has limited revenue to devote to such maintenance and shall be performed at Grantor’s sole discretion. responsibility whatsoever to contribute funds or labor to maintain the MMRT. Grantor shall be the sole determiner of proscribing, by resolution or otherwise, the allowed uses of the MMRT at any time during the year (such uses which may include, but are not limited to, skiing, snowshoeing, snowmobiling, hiking, and bicycling), subject to the limitations in the ▇▇▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLC Trail Easement recorded at Reception Numbers and . Upon acceptance of the MMRT, Grantor agrees, to the extent allowed by law to indemnify, defend, and hold harmless Grantee and Road Association from and against loss or expense by reason of any claim or suit for damages because of personal bodily injury, death, injury or property damage incurred by any member of the public arising out of or relating to use of the MMRT.
e. County will instruct MMRT groomers not to plow snow onto the Road or Driveways, except that when grooming over Driveways and Road crossings MMRT groomers may replenish snow to achieve the snow cover standard set forth in paragraph 3c above. 3 While the Grantor undertakes any on-going maintenance obligations concerning the MMRT once it is accepted by the Grantor, the Grantor has limited revenue to devote to such maintenance and shall be performed at Grantor’s sole discretion.
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