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2006-428
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2006-428
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Last modified
9/1/2016 4:42:47 PM
Creation date
9/30/2015 10:27:07 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Easement
Approved Date
12/19/2006
Control Number
2006-428
Agenda Item Number
7.O.
Entity Name
Department of Environmental Protection
Subject
Sebastian Inlet Park - SR A1A and CR 510-Temporary easement
Supplemental fields
SmeadsoftID
6007
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install , operate , inspect , alter , improve , maintain , repair , move , and <br /> rebuild sidewalks , driveways , swales , or back of sidewalk connections <br /> to natural ground . This temporary construction easement shall be non - <br /> exclusive . GRANTOR , retains the right to engage in any activities on , <br /> over , across or below the easement area which do not unreasonably <br /> interfere with GRANTEE ' S temporary construction easement and which do <br /> not disturb the improvements made by GRANTEE to sidewalks , driveways , <br /> swales , or back of sidewalk tie - ins to natural ground . <br /> 4 . TERMINATION : This temporary construction easement is subject to an <br /> automatic termination and reversion to GRANTOR when , in the opinion of <br /> GRANTOR , this easement is not used for the purposes outlined herein or <br /> the activity of the GRANTEE is inconsistent with the terms and <br /> conditions of Lease No . 2457 . <br /> Upon termination or expiration of this temporary construction <br /> easement , the GRANTEE shall , within a reasonable time and at its sole <br /> cost and expense , remove all equipment , accessories , and materials <br /> owned by GRANTEE from the Park Area and restore the Park Area as nearly <br /> as practicable to the condition prior to the granting of this temporary <br /> easement . <br /> 5 . ASSIGNMENT : This temporary construction easement shall not be <br /> assigned in whole or in part without the prior written consent of <br /> GRANTOR . Any assignment made either in whole or in part without the <br /> prior written approval of GRANTOR shall be void and without legal <br /> effect . <br /> 6 . RIGHT OF INSPECTION : GRANTOR or its duly authorised agents , <br /> representatives or employees shall have the right at any and all times <br /> to inspect this temporary construction easement and the works of <br /> GRANTEE in any matter pertaining to the easement . <br /> 7 . LIABILITY : Each party is responsible for all personal injury and <br /> property damage attributable to the negligent acts or omissions of that <br /> party and the officers , employees and agents thereof . Nothing herein <br /> shall be construed as an indemnity or a waiver of sovereign immunity <br /> enjoyed by any party hereto , as provided in Section 768 . 28 , Florida <br /> Statutes , as amended from time to time , or any other law providing <br /> limitations on claims . <br /> 8 . COMPLIANCE WITH LAWS : GRANTEE agrees that this temporary <br /> construction easement is contingent upon and subject to GRANTEE <br /> obtaining all applicable permits and complying with all applicable <br /> Page 2 of 20 <br /> Temporary Construction Easement No . 31606 <br />
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