Part 1 BOCC_Marion PBCP record - Laserfiche WebLink

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2. Construction; Maintenance Costs. The owners of the FOWLER CREEK TRUST Property shall bear all their proportionate share of the cost of the construction of the Improvements and the maintenance of the Improvements and the Easement. In the event that the JAMES K SCHULER & FOWLER CREEK TRUST Property is subdivided, the each new lot created thereby shall bear its proportionate share of original Property's obligation based upon the ratio of the area of the new lot to the area of the original Property. 3. Construction Timing: The owners of the FOWLER CREEK TRUST, Property shall complete the Improvements within three years of the recording of this document. 4. Indemnification. The owner of the FOWLER CREEK TRUST Property shall defend, indemnify and hold harmless the owner of the JAMES K. SCHULER Property and its successors and assigns from and against any and all claims, losses, liabilities and expenses (including attorneys' fees and court costs) incurred by or asserted against it or its successors and assigns as a result of any negligent or wrongful acts or maintenance and repair of the Easement or the Improvements thereon by FOWLER CREEK TRUST, or its employees, contractors, agents, tenants, contractors, successors or assigns. This indemnity shall run with the land and shall inure to the benefit of the owner of the JAMES K. SCHULER Property. 5. Severability. The invalidation by any court of any reservation, covenant, restriction, limitation or agreement herein contained shall in no way affect any of the other provisions hereof and the same shall remain in full force and effect. 6. Conflicts. To the extent this Agreement modifies any prior documents of record affecting the JAMES K. SCHULER Property or the FOWLER CREEK TRUST Property, this Agreement shall control. 7. Runs With the Land. This Agreement constitutes a covenant running with the land and/or an equitable servitude, and shall be binding upon and inure to the benefit of the respective owners, and their successors and assigns. 8. Attorneys' Fees. If any party brings a legal proceeding to enforce or obtain a declaration of its rights under this Agreement the prevailing parting in such legal proceeding shall be entitled to recover its reasonable attorneys' fees and costs from the nonprevailing party, whether incurred in mediation or arbitration, at trial or on appeal, or in any bankruptcy proceeding. GRANTOR: JAMF�S/fC. SC [ LE y„ a (�jVf GRANTEE: • . iiM �� /i