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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />from time to time of the Property or any portion thereof, and any other person or entity having an <br />interest therein, and shall run with the land and shall inure to the benefit of the GRANTEE and its <br />representatives, agents, tenants, licensees, officers, employees, successors and assigns, including any <br />and all guests and invitees of GRANTEE, and persons, firms, corporations and entities operating <br />aircraft to or from the Airport. The acceptance by any person or entity of any right of use, deed, <br />lease, mortgage, or other interest in or privilege pertaining to the Property whatsoever shall <br />constitute acknowledgement and acceptance of the terms of this Easement and the binding effects <br />hereof. <br />10. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant <br />or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to <br />any other, further or succeeding breach of the same or any other term, covenant or condition hereof. <br />11. Headings. The title and section headings contained herein are not substantive parts of <br />this Easement and shall not expand, limit or restrict the Easement or right-of-way granted in any <br />way. <br />12. Severability. If any term or provision of this Easement shall, to any extent, be invalid or <br />unenforceable under applicable law or regulations, then the remaining terms and provisions shall not <br />be affected thereby, and each such remaining term and provision shall be valid and enforceable to <br />the fullest extend permitted by applicable law or regulation. <br />13. Amendment. This Easement shall not be modified or amended, except by a writing <br />executed by the GRANTOR and GRANTEE, or their respective successors or assigns, and recorded <br />in the Public Records of Indian River County, Florida. <br />14. Governing Law. This Easement shall be construed and enforced in accordance with the <br />laws of the State of Florida and the United States and the venue for enforcement hereof or resolution <br />of any dispute arising hereunder shall be in Indian River County, Florida, or in the case of federal <br />jurisdiction, in the United States District Court for the Southern District of Florida. In any action <br />arising. hereunder, the prevailing party shall be entitled to recover its reasonable attorney's fees <br />through trial and appeal, together with costs of the action. In the event each party shall partially <br />prevail in such action, costs and attorneys' fees shall be equitably apportioned between the parties by <br />the court. <br />15. Recording. GRANTOR, at GRANTOR'S expense, shall record this Avigation Easement <br />in the Public Records of Indian River County, Florida. Any and all plats of the Property to be <br />recorded in such Public Records shall make reference to and incorporate this Avigation Easement. <br />TO HAVE AND TO HOLD said Easement and right-of-way together with all rights <br />appertaining thereto unto the GRANTEE, its successors and assigns, limited only to the proper use <br />and benefit of GRANTEE, its successors and assigns forever, as long as the same is used by <br />GRANTEE for the purposes of this conveyance. <br />IN WITNESS WHEREOF, the GRANTOR has executed this Avigation Easement this <br />9th day of April , 2019. <br />Page 4 of 6 <br />N:\Client Docs\City Council\REAL PROPERTY\Dodgertown Golf Course-Sale\2019.03.01.Avigation.Easement.kch.doc <br />