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causes of action , claims , demands , or judgments , including , without limitation , reasonable attorney fees , arising from
<br /> or in any way connected with : ( 1 ) injury to or the death of any person , or physical damage to any property ,
<br />resulting
<br /> from any act , omission , condition , or other matter related to or occurring on or about the Property ,
<br /> regardless of
<br /> cause , unless due solely to the negligence of any of the Indemnified Parties ; (2 ) the obligations
<br /> specified in
<br /> paragraph VIIIA . and VIII . B . ; and ( 3 ) the existence or administration of this Easement .
<br /> ARTICLE VII. PUBLIC ACCESS
<br /> The granting of this Easement does not affect access and use of the Property as a county park by the public
<br /> in accordance with any access and use restrictions established by Grantor .
<br /> ARTICLE VIII. MISCELLANEOUS
<br /> A . Costs and Liabilities . Grantor retains all responsibilities and shall bear all costs and liabilities of any
<br /> kind related to the ownership , operation , upkeep , and maintenance of the Property , including the maintenance of
<br /> adequate comprehensive 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 , and charges of whatever
<br /> description levied on or assessed against the Property by competent authority ( collectively " taxes ") , including any
<br /> taxes imposed upon , or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of
<br /> payment upon request . Grantee is authorized but in no event obligated to make or advance any payment of taxes
<br />,
<br /> upon three (3 ) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from
<br /> the appropriate authority , without inquiry into the validity of the taxes or the accuracy of the bill ,
<br /> statement, or
<br /> estimate , and the obligation created by such payment shall bear interest until paid by Grantor at the maximum rate
<br /> allowed by law .
<br /> C . Extinguishment. If circumstances arise in the future such as render the purpose of this Easement
<br /> impossible to accomplish , this Easement can only be terminated or extinguished , whether in whole or in part,
<br /> by
<br /> judicial proceedings in a court of competent jurisdiction , and the amount of the proceeds to which Grantee shall be
<br /> entitled , after the satisfaction of prior claims , from any sale, exchange , or involuntary conversion
<br />of all or any
<br /> portion of the Property subsequent to such termination or extinguishment, shall be determined , unless otherwise
<br /> provided by Florida law at the time , in accordance with paragraph VIII . D . Grantee shall use all such proceeds
<br />in a
<br /> manner consistent with the Conservation Purposes of this grant or the purposes of the bond or statutory program
<br /> under which Grantee obtained the purchase money for this Easement . Grantor believes that any changes in the use
<br /> of neighboring properties will increase the benefit to the public of the continuation of this Easement, and Grantor
<br /> and Grantee intend that any such changes shall not be deemed to be circumstances justifying the termination
<br /> or
<br /> extinguishment of this Easement . In addition , the inability of Grantor to conduct or implement any or all of the uses
<br /> allowed under the terms of this Easement, or the unprofitability of doing so, shall not impair the validity
<br /> of this
<br /> Easement or be considered grounds for its termination or extinguishment.
<br /> D . Proceeds . This Easement constitutes a real property interest immediately vested in Grantee , which , for
<br /> the purposes of paragraph VIII . C . , the parties stipulate to have a fair market value determined by multiplying the fair
<br /> market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant
<br /> attributable to improvements) by the ratio of the value of the Easement at the time of this grant to the value
<br /> of the
<br /> Property , without deduction for the value of the Easement, at the time of this grant. For the
<br /> purposes of this
<br /> paragraph , the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall
<br /> remain constant.
<br /> E . Condemnation . If the Easement is taken , in whole or in part, by exercise of the power of eminent
<br /> domain, Grantee shall be entitled to compensation in accordance with applicable law .
<br /> F . Assignment. This Easement is transferable , but Grantee may assign its rights and obligations under
<br /> this Easement only to a govemmental entity or nonprofit organization whose purposes include the conservation of
<br /> land or water areas or the preservation of sites or properties , and only upon the consent of Grantor .
<br /> BLA - 104 , Revised 01 /26/06
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