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2007-320B
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2007-320B
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Last modified
6/24/2016 1:27:08 PM
Creation date
9/30/2015 11:19:38 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/18/2007
Control Number
2007-320B
Agenda Item Number
9.A.1
Entity Name
Padgett Creek LLC
Subject
Option Agreement purchase Conservation Easement
Supplemental fields
SmeadsoftID
6612
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G . Subsequent Transfers . Grantor agrees to incorporate the terms of this <br /> Easement in any deed or other legal instrument by which Grantor divests any interest in <br /> all or a portion of the Property, including , without limitation , a leasehold interest. Grantor <br /> further agrees to give written notice to Grantee of the transfer of any interest at least <br /> twenty (20) days prior to the date of such transfer. The failure of Grantor to perform any <br /> act required by this paragraph shall not impair the validity or priority of this Easement or <br /> limit its enforceability in any way. <br /> H . Notices . Any notice, demand , request, consent, approval , or communication <br /> that either party desires or is required to give to the other shall be in writing and either <br /> served personally or sent by first class mail , postage prepaid , addressed to the parties <br /> as set forth above , or to such other addresses such party may establish in writing to the <br /> other. <br /> I . Recordation . Grantee shall record this instrument and any amendments in <br /> timely fashion in the official records of Indian River County, Florida , and may re-record it <br /> at any time as may be required to preserve its rights in this Easement. <br /> J . Non-Homestead Certification . Grantor hereby certifies that if a Grantor who <br /> is married signs this Easement without the joinder of his or her spouse , the Property is <br /> neither the homestead of Grantor nor the primary physical residence of Grantor, nor is <br /> the Property contiguous to the homestead or primary physical residence of Grantor. <br /> K. Amendments . The terms and provisions of this Easement may be amended <br /> by the mutual consent of the parties hereto . No amendment shall be effective until <br /> executed with the formality of a deed and recorded in the public records . <br /> L. Controlling Law. The laws of the State of Florida shall govern the <br /> interpretation and performance of this Easement. <br /> M . Liberal Construction . Any general rule of construction to the contrary <br /> notwithstanding , this Easement shall be liberally construed in favor of the grant to effect <br /> the purpose of this Easement and the policy and purpose of §704 . 06, Florida Statutes. If <br /> any provision in this instrument is found to be ambiguous, an interpretation consistent <br /> with the purpose of this Easement that would render the provision valid shall be favored <br /> over any interpretation that would render it invalid . <br /> N . Severability. If any provision of this Easement, or the application thereof to <br /> any person or circumstance, is found to be invalid , the remainder of the provisions of <br /> this Easement, or the application of such provision to persons or circumstances other <br /> than those as to which it is found to be invalid , as the case may be , shall not be affected <br /> thereby. <br /> O . No Forfeiture. Nothing contained herein will result in a forfeiture or reversion <br /> of Grantor's title in any respect. <br /> 14 <br />
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