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Last modified
3/31/2017 8:52:24 AM
Creation date
11/19/2015 9:49:09 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Easement
Approved Date
10/20/2015
Control Number
2015-206
Agenda Item Number
8.H.
Entity Name
Board of Trustees Internal Improvement Trust Fund
Subject
Trans Central Florida Railroad Trail
Direct Benefit Easement
Area
St. Sebastian Preserve
Project Number
32851
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9 ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no way affects any of the parties' <br />obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic <br />sites on state-owned lands is prohibited unless pnor authorization has been obtained from the State of Flonda Department of <br />State, Division of Histoncal Resources. <br />10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the lands underlying this <br />easement is held by GRANTOR. GRANTEE shall not do or permit anything to be done which purports to create a lien or <br />encumbrance of any nature against the real property of GRANTOR including, but not limited to, mortgages or construction liens <br />against the real property described in Exhibit "A" or against any interest of GRANTOR therein. <br />11. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this easement shall be ruled by a court of <br />competent junsdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no <br />way be affected, impaired or invalidated. <br />12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authonze the use of any lands located waterward <br />of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the <br />air space there above. <br />13. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding between the parties and shall only <br />be amended with the prior written approval of GRANTOR. <br />14. TIME: Time is expressly declared to be of the essence of this easement. <br />15. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this <br />easement and GRANTOR shall have the nght to audit such records at any reasonable time dunng the term of this easement. <br />This right shall be continuous until this easement expires or is terminated. This easement may be terminated by GRANTOR <br />should GRANTEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction <br />with this easement, pursuant to Chapter 119, Florida Statutes. <br />16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and shall pay all <br />liabilities that accrue to the Easement Area or to the improvements thereon including any and all drainage and special assessments <br />or taxes of every kind and all mechanic's or matenalman's liens which may be hereafter lawfully assessed and levied against this <br />easement. <br />Page 4 of 11 <br />Easement No 32851 R 04/15 <br />
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