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E . Hold Harmless . To the extent permitted by Florida Statutes section 728 . 68, and other applicable
<br /> Florida law, Grantor shall hold harmless, indemnify, and defend Grantee and its members, directors, 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, expenses,
<br /> 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, resulting
<br /> from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of
<br /> cause, unless due solely to the negligence of any of the Indemnified Parties ; (2) the obligations specified
<br /> in
<br /> paragraph VIII.A. 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 WHO 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 ftumished 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 famish 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 /> 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, 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, 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 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 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 of
<br /> neighboring properties will increase the benefit to the public of the continuation of this Easement, and Grantor and
<br /> Grantee intend that any such changes shall not be deemed to be circumstances justifying the termination 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 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 of the
<br /> Property, without deduction for the value of the Easement, at the time of this grant. For the 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.
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<br /> BLA- 104 , Revised 01 /26/06
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