|
and lower in priority than this Easement .
<br /> D . The right to contest tax appraisals , assessments , taxes and other charges on the Property .
<br /> E . The right to construct, maintain and remove trails , recreational structures , walkovers , and other
<br /> improvements consistent with the operation of a county park on the Property .
<br /> ARTICLE VI . GRANTEE ' S REMEDIES
<br /> A . Remedies . If Grantee determines that Grantor is in violation of the terms of this Easement or that a
<br /> violation is threatened , Grantee shall give written notice to Grantor of such violation and demand corrective action
<br /> sufficient to cure the violation and , where the violation involves injury to the Property resulting from
<br /> any use or
<br /> activity inconsistent with the purpose of this Easement , to restore the portion of the Property so injured . If Grantor
<br /> fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee , or under circumstances
<br /> where the violation cannot reasonably be cured within a 30-day period, fails to begin curing such violation within the
<br /> 30 -day period, or fails to continue diligently to cure such violation until finally cured , Grantee may bring an action
<br /> at
<br /> law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation ,
<br /> ex
<br /> parte as necessary , by temporary or permanent injunction , to recover any damages to which it may be entitled
<br /> for
<br /> violation of the terms of this Easement or injury to any conservation values protected by this Easement , including
<br /> damages for the loss of scenic , aesthetic , or environmental values , and to require the restoration of the Property
<br /> to
<br /> the condition that existed prior to any such injury . Without limiting Grantor ' s liability therefor, Grantee , in
<br /> its sole
<br /> discretion , may apply any damages recovered to the cost of undertaking any corrective action on the Property .
<br /> If
<br /> Grantee , in its sole discretion , determines that circumstances require immediate action to prevent
<br /> or mitigate
<br /> significant damage to the conservation values of the Property , Grantee may pursue its remedies under this paragraph
<br /> without prior notice to Grantor or without waiting for the period provided for cure to expire . Grantee' s rights
<br />under
<br /> this paragraph apply equally in the event of either actual or threatened violations of the terms of this Easement, and
<br /> Grantor agrees that Grantee ' s remedies at law for any violation of the terms of this Easement are inadequate and that
<br /> Grantee shall be entitled to the injunctive relief described in this paragraph , both prohibitive and mandatory
<br />, in
<br /> addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this
<br /> Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal
<br /> remedies . Grantee' s remedies described in this paragraph shall be cumulative and shall be in addition to all remedies
<br /> now or hereafter existing at law or in equity .
<br /> B . Grantee ' s Discretion . Enforcement of the terms of this Easement shall be at the discretion of Grantee ,
<br /> and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term
<br />of
<br /> this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term
<br /> or of any
<br /> subsequent breach of the same or any other term of this Easement or of any of Grantee' s rights under this Easement.
<br /> No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall
<br /> impair
<br /> such right or remedy or be construed as a waiver .
<br /> C . Waiver of Certain Defenses . Grantor hereby waives any defense of estoppel , adverse possession or
<br /> prescription .
<br /> D . Acts Beyond Grantor ' s Control . Nothing contained in this Easement shall be construed to entitle
<br /> Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond
<br /> Grantor' s control , including, without limitation , fire , flood, storm, and earth movement, or from any prudent action
<br /> taken by Grantor under emergency conditions to prevent, abate , or mitigate significant injury to
<br />the Property
<br /> resulting from such causes .
<br /> E . Hold Harmless . To the extent permitted by Florida Statutes section 728 . 68 , and other
<br />applicable
<br /> Florida law , Grantor shall hold harmless , indemnify, and defend Grantee and its members , directors
<br />, officers ,
<br /> employees , agents , and contractors and the heirs , personal representatives , successors, and assigns of each of them
<br /> (collectively " Indemnified Parties " ) from and against all liabilities , penalties , costs , losses , damages
<br />, expenses,
<br /> BLA - 104 , Revised 01 /26/06
<br /> 5
<br />
|