Laserfiche WebLink
BK: 2182 PG: 118 <br />14. Permission of Grantee. <br />Where Grantor is required to obtain Grantee's permission for a proposed action <br />hereunder, said permission shall be requested in writing. Grantor's request shall include <br />building plans identifying the use, footprint, and total square footage of any proposed <br />structures, and related survey information, if available. Grantee reserves the right to <br />request from Grantor, in writing, any additional information reasonably required to assist <br />in Grantee's evaluation of the request. Grantee shall grant permission unless it <br />determines that such proposed action would violate this Conservation Easement. Grantee <br />shall respond in writing within forty-five (45) days of receipt of the Grantor's written <br />request. Permission by the Grantee does not replace other governmental approvals, <br />including, but not limited to, Indian River County approvals. <br />15. Ongoing Responsibilities of Grantor and Grantee. <br />Other than as specified herein, this Conservation Easement is not intended <br />to impose any legal or other responsibility on Grantee, or in any way to affect any <br />obligations of Grantor as owner of the Property, including, but not limited to, the following: <br />a. Taxes. Grantor shall be solely responsible for payment of all taxes and <br />assessments levied against the Property. If the Grantor becomes delinquent in payment <br />of taxes the Grantee, at its option, shall have the right to take such actions as may be <br />necessary to protect the Grantee's interest in the Property and to assure the continued <br />enforceability of this instrument and to recover all of its costs including reasonable <br />attorney's fees. If, as a result of such actions, Grantee ever pays any taxes or <br />assessments on Grantor's interest in the Property, Grantor will promptly reimburse <br />Grantee for the same. <br />b. Upkeep and Maintenance. Grantor shall be solely responsible for the <br />upkeep and maintenance of the Property, to the extent required by law and this <br />Conservation Easement. Grantee shall have no obligation whatsoever for the upkeep or <br />maintenance of the Property. <br />C. Liability and Indemnification. Grantor agrees to indemnify and hold <br />Grantee harmless from any and all costs, claims or liability, including but not limited to <br />reasonable attorneys fees arising from any personal injury, accidents, negligence or <br />damage relating to the Property, or any claim thereof, unless solely due to the <br />negligence of Grantee or its agents, in which case liability shall be apportioned <br />accordingly. Pursuant to Florida Statutes section 704.06(10)(2006), the ownership or <br />attempted enforcement of rights held by Grantee does not subject the Grantee to any <br />liability for any damage or injury that may be suffered by any person on the property or <br />as a result of the condition of the Property encumbered by a Conservation Easement. <br />Further, nothing in this Conservation Easement shall be deemed or construed as a <br />waiver of the sovereign immunity of Indian River County as Grantee. <br />10 <br />