Laserfiche WebLink
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 governmental 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 /> G . Subsequent Transfers . Grantor agrees to incorporate the terms of this Easement in any deed or other <br /> legal instrument by which Grantor divests any interest in all or a portion of the Property, including, without <br /> limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee of the transfer of any interest <br /> at least twenty (20) days prior to the date of such transfer . The failure of Grantor to perform any act required by this <br /> paragraph shall not impair the validity or priority of this Easement or limit its enforceability in any way. <br /> H. Notices . Any notice, demand, request, consent, approval, or communication that either party desires or <br /> is required to give to the other shall be in writing and either served personally or sent by first class mail, postage <br /> prepaid, addressed to the parties as set forth above, or to such other addresses such party may establish in writing to <br /> the other. <br /> I. Recordation. Grantee shall record this instrument and any amendments in timely fashion in the <br /> official records of Indian River County, Florida, and may re-record it at any time as may be required to preserve its <br /> rights in this Easement. <br /> J . Non-Homestead Certification . Grantor hereby certifies that if a Grantor who is married signs this <br /> Easement without the joinder of his or her spouse, the Property is neither the homestead of Grantor nor the primary <br /> physical residence of Grantor, nor is the Property contiguous to the homestead or primary physical residence of <br /> Grantor. <br /> K. Amendments. The temvs and provisions of this Easement may be amended by the mutual consent of <br /> the parties hereto . No amendment shall be effective until executed with the formality of a deed and recorded in the <br /> public records . <br /> L. Controlling Law . The laws of the State of Florida shall govern the interpretation and performance of <br /> this Easement. <br /> M. Liberal Construction . Any general rule of construction to the contrary notwithstanding, <br /> this Easement <br /> shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of <br /> § 704 . 06, Florida Statutes . If 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 over any interpretation that <br /> would render it invalid. <br /> N . Severability. If any provision of this Easement, or the application thereof to any person or <br /> circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such <br /> provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall <br /> not be affected thereby. <br /> O . No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor' s title in any <br /> respect. <br /> P . Joint Obligation. The obligations imposed by this Easement upon Grantor shall be joint and several. <br /> Q. Successors . The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, <br /> and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and <br /> assigns and shall continue as a servitude running in perpetuity with the Property. <br /> 27 <br /> BLA- 104 , Revised 01 /26/06 <br />