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2007-320A
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2007-320A
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Last modified
6/24/2016 1:17:19 PM
Creation date
9/30/2015 11:19:19 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/18/2007
Control Number
2007-320A
Agenda Item Number
9.A.1
Entity Name
Triple S Land Company
Subject
Option Agreement purchase of conservation easement
Supplemental fields
SmeadsoftID
6611
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8/ 10/2007 <br /> Parties ; (2 ) the obligations specified in paragraph VIII .A. and VIII . B . ; and (3) the <br /> existence or administration of this Easement. <br /> ARTICLE VII . NO PUBLIC ACCESS <br /> The granting of this Easement does not convey to the public the right to enter the <br /> Property for any purpose whatsoever, and Grantee will cooperate with Grantor in the <br /> enforcement of this prohibition . Notwithstanding the foregoing , provided , however, <br /> Grantor will allow bird watching , cultural , and educational outings in the maximum <br /> number of two (2 ) times each year by members of the public under conditions determined <br /> by the Grantor. <br /> ARTICLE VIII . MISCELLANEOUS <br /> A. Costs and Liabilities . Grantor retains all responsibilities and shall bear all <br /> costs and liabilities of any kind related to the ownership , operation , upkeep , and <br /> maintenance of the Property, including the maintenance of adequate comprehensive <br /> general liability coverage . Grantor shall keep the Property free of any liens arising out of <br /> any work performed for, materials furnished to , or obligations incurred by Grantor. <br /> B . Taxes . Grantor shall pay before delinquency all taxes , assessments , fees , <br /> and charges of whatever description levied on or assessed against the Property by <br /> competent authority (collectively "taxes") and shall furnish Grantee with satisfactory <br /> evidence of payment upon request. Grantee is authorized but in no event obligated to <br /> make or advance any payment of taxes , upon three (3 ) days prior written notice to <br /> Grantor, in accordance with any bill , statement, or estimate procured from the <br /> appropriate authority, without inquiry into the validity of the taxes or the accuracy of the <br /> bill , statement, or estimate , and the obligation created by such payment shall bear <br /> interest until paid by Grantor at the maximum rate allowed by law. <br /> C . Extinguishment. If circumstances arise in the future such as render the <br /> purpose of this Easement impossible to accomplish , this Easement can only be <br /> terminated or extinguished , whether in whole or in part, by judicial proceedings in a <br /> court of competent jurisdiction , and the amount of the proceeds to which Grantee shall <br /> be entitled , after the satisfaction of prior claims , from any sale , exchange , or involuntary <br /> conversion of all or any portion of the Property subsequent to such termination or <br /> extinguishment, shall be determined , unless otherwise provided by Florida law at the <br /> time , in accordance with paragraph VIII . D . Grantee shall use all such proceeds in a <br /> manner consistent with the Conservation Purposes of this grant or the purposes of the <br /> tax exempt general obligation bond proceeds issued by Indian River County as <br /> contemplated by Resolution No . 2005-059 adopted May 17 , 2005 ; Resolution 2004-062 <br /> adopted June 22 , 2004 ; and the "2004 Referendum " (as that term is used in the <br /> foregoing resolutions 2004 Indian River County referendum ) , and any other bond or <br /> statutory program under which Grantee obtained the purchase money for this <br /> 12 <br />
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