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Commission updates Fish and Game warranty‑deed negotiations; one town‑favorable clause rejected
Summary
Fish and Game accepted two of three warranty‑deed changes proposed by Milford but declined a town‑favorable clause that would make the town responsible for Fish and Game's legal costs if Fish and Game brings suit and loses; Fish and Game proposed cost‑sharing instead.
The commission heard an update March 12 on negotiations with Fish and Game over a warranty deed for an open‑space parcel. Fish and Game accepted two requested changes but declined the town’s proposed clause to make the town responsible for Fish and Game’s legal costs should Fish and Game bring suit and be found incorrect. Instead, Fish and Game proposed both parties be responsible for their own legal costs.
Commission members reported the outstanding item centers on who pays legal fees if Fish and Game brings a suit that is ultimately found unjustified. The commission characterized Fish and Game’s response as reasonable and said the deed and permit materials must be recorded before ground‑disturbing work can begin. Staff (Laurie, Nicole and Meridian consultant references) are assembling digital survey files and mitigation plans required by DES as part of the permit and warranty‑deed recording process.
Next steps: Town attorney (Matt Serge) is reviewing the deed language and staff will provide the digital survey formats DES may require; work cannot begin on the parcel until the warranty deed is recorded and permit conditions are satisfied.
