|
8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every
<br />nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or
<br />omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
<br />waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from
<br />time to time, or any other law providing limitations on claims.
<br />9. VENUE: Grantee waives venue as to any litigation arising from matters relating to this easement and any such
<br />litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida.
<br />10. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior
<br />written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any
<br />assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect.
<br />11. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide
<br />by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee,
<br />its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set
<br />forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the
<br />Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the
<br />Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easement shall be paid
<br />by the Grantee. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be
<br />sufficient if sent by U.S. Mail to the following address:
<br />Indian River County, Florida
<br />1801 27a' Street
<br />Vero Beach, Florida 32960
<br />The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the
<br />change is effective.
<br />12. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the
<br />subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
<br />and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
<br />effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder.
<br />13. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures
<br />and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and
<br />equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited
<br />structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in
<br />Item I 1 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to
<br />all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all
<br />structures and the right to impose administrative fines.
<br />14. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any
<br />provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
<br />render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of
<br />subsequent breach or breaches.
<br />15. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement
<br />in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after
<br />receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its
<br />entirety which contains the O.R. Book and pages at which the easement is recorded.
<br />16. AMENDMENT/MODIFICATIONS: Thiseasement is.the entire and only agreement between the parties. Its
<br />provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted,
<br />acknowledged and executed by the Grantee and Grantor.
<br />17. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
<br />Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the
<br />construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior
<br />written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged
<br />lands.
<br />18. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional
<br />structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major
<br />repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written
<br />consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor,
<br />such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject
<br />the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be
<br />undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as
<br />is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement.
<br />Page 2 of 7 Pages
<br />Easement No. 40872
<br />
|