Laserfiche WebLink
A TRUE COPY <br /> CERTIFICATION ON LAST PAGE ` <br /> JX BARTON , CLERK <br /> 10 . Acts Beyond Grantor ' s Control . Nothing contained in the Second Revised Conservation <br /> Easement shall be construed to entitle Grantees to bring any action against Grantor for <br /> any injury to or change in the Property resulting from natural causes beyond Grantor ' s <br /> control , including , without limitation , fire , flood , storm and earth movement , or from any <br /> necessary action taken by Grantor under emergency conditions to prevent , abate or <br /> mitigate significant injury to the Property or to persons resulting from such causes . <br /> 11 . Responsibilities of Parties . Grantor, its successors or assigns , shall take responsibility for <br /> any costs or liabilities related to the operation , upkeep or maintenance of the Property . In <br /> addition, Grantees , their successors or assigns , shall have no responsibility for any costs <br /> or liabilities related to the operation , upkeep or maintenance of the Property . <br /> 12 . Taxes : Grantor shall pay before delinquency any and all taxes , assessments , fees , and <br /> other charges of whatever description levied on or assessed by competent authority on the <br /> Property , and shall furnish the Grantees with satisfactory evidence of payment upon <br /> request . <br /> 13 . Recording in Land Records . Grantor shall record this Second Revised Conservation <br /> Easement and any amendments hereto in a timely fashion in the Official Records of <br /> Indian River County , Florida. Grantor shall pay all recording costs and taxes necessary to <br /> record this Second Revised Conservation Easement in the Public Records . <br /> 14 . Successors . The covenants , terms , conditions and restrictions of this Second Revised <br /> Conservation Easement shall be binding upon , and inure to the benefit of the parties <br /> hereto and their respective personal representatives , heirs , successors and assigns and <br /> shall continue as a servitude running in perpetuity with the Property . <br /> 15 . Subsequent Deeds . Grantor shall insert the terns and restrictions of this Second Revised <br /> Conservation Easement in any subsequent deed or other legal instrument by which <br /> Grantor divests itself of any interest in the Property . Grantor further agrees to give <br /> written notice to Grantees of the transfer of any interest at least twenty days prior to the <br /> date of such transfer . The failure of Grantor to perform any act required by this paragraph <br /> shall not impair the validity of this Second Revised Conservation Easement or limit its <br /> enforceability in any way . <br /> 16 . Notices . All notices , consents , approvals or other communications hereunder shall be in <br /> writing and shall be deemed properly given if sent by United States certified mail , return <br /> receipt requested , addressed to the appropriate party or successor- in - interest . <br /> 17 . Enforcement Costs . If the Grantees prevail in an enforcement action, it shall be entitled to <br /> recover costs , including expert witness fees , as well as the reasonable cost of restoring the <br /> land to the natural vegetative and hydrologic condition existing at the time of execution of <br /> this Second Revised Conservation Easement or to the vegetative and hydrologic condition <br /> required by the aforementioned Permit . These remedies are in addition to any other <br /> Page 5 of 9 <br />