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Exhibit B
<br />Public Trailway Perpetual Easement and
<br />Permanent Irrevocable Permit Agreement
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<br />April 9, 2024 12
<br />its successors and assigns. The permit shall be non-exclusive; provided, however,
<br />this permit shall be prior to and superior to any other permitted use of the
<br />permitted area, hereinafter granted. Any future permit shall be subject to and
<br />subordinate to, and shall not interfere with, the permit without the consent, in
<br />writing, of Grantee.
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<br />3.) Scope of Easement and Permit. The perpetual non-exclusive Easement and Permit
<br />granted herein includes the right of the Grantee, its contractor, agents, and
<br />employees to locate, install, construct, reconstruct, operate, maintain, inspect,
<br />alter and repair within the described Easement and Permits Areas any of the
<br />following facilities and amenities: public sidewalk or trail, trail signage,
<br />informational kiosks, benches, bike racks, fences, trail bridges/tunnels, and any
<br />other trail related structure.
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<br />4.) Trail Use and Purposes. This Easement and Permit is for public trailway purposes
<br />only. The Trail shall be open to the general public, and be used exclusively for
<br />outdoor recreation and commuting including but not limited to walking, jogging,
<br />skating, biking, and uses allowed under State and Federal law including, but not
<br />limited to, other personal driven mobility devices (OPDMD’s) and electric personal
<br />assistive devices. In addition, motor vehicles used for maintenance, law
<br />enforcement or other public uses will be permitted within the Easement and Permit
<br />Areas.
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<br />5.) Loss of Property Rights. Grantor warrants that it will defend and indemnify Grantee
<br />against any loss, expense, or interruption to the contiguity of the Trail, and, further
<br />shall, at its own expense, take all necessary action, including, but not limited to,
<br />the use of eminent domain to secure a continuous and contiguous trail corridor.
<br />These obligations of Grantor may be specifically enforced by Grantee and further
<br />all costs of such enforcement, including reasonable attorney’s fees, shall be paid
<br />by Grantor.
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<br />6.) Property Rights and Execution Authority. The Grantor warrants that it 1) owns good
<br />and marketable title to the Easement Area, 2) has legal rights to construct,
<br />maintain and operate sidewalks, trails and other such publicways within the Permit
<br />Area, 3) has the right, title and capacity to convey the Easement and Permit to
<br />Grantee, and 4) that the undersigned is authorized to execute this Easement and
<br />Permit.
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<br />7.) Environmental Matters. Grantor shall provide Grantee written documentation of
<br />any and all previously and/or currently present hazardous materials, pollutants, or
<br />other containments within the Easement and Permit Areas known to the Grantor.
<br />Grantee shall not be responsible for any costs, expenses, damages, obligations,
<br />including penalties and reasonable attorney’s fees, or losses resulting from any
<br />claims, actions, suits or proceedings based upon the release or threat of release of
<br />any hazardous substances, pollutants, or contaminants which may have existed
<br />on, or which relate to, the Easement and Permit Areas prior to the date of this
<br />instrument.
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<br />8.) Binding Effect. The terms and conditions of this instrument shall run with the land
<br />and be binding on the Grantor, its successors and assigns.
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