2022-210 - Laserfiche WebLink

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is hereby revised, replaced, and superseded in its entirety by the following: WHEREAS, GRANTOR is the owner of the hereinafter described real property, which is managed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS ("DRP" or "managing agency") under Lease Number 4118 and Lease Number 4397; and 2. Paragraph 21. of Easement 32851, is hereby revised, replaced, and superseded in its entirety by the following: 21. SPECIAL CONDITIONS: The following special conditions apply to this easement: A. GRANTEE will design the Easement Area and all appurtenant infrastructure to the standards of the managing agency. All construction design plans will be reviewed and approved in writing by the managing agency prior to the commencement of any construction activities. All construction will comply with the Americans with Disabilities Act ("ADA") and will be in accordance with State of Florida Department of Transportation's most recent and relevant guidelines for multi -use trails and with the most recent version of Federal Highway Administration's Manual on Uniform Traffic Control Devices. B. GRANTEE will design and construct the Easement Area to retain natural hydrologic connections between surrounding wetlands severed by the construction of the railroad berm. These efforts may be by construction of multiple culverts or by low-water crossings filled with ballast, both methods designed to be suitable for use by firefighting equipment. C. GRANTEE acknowledges that prescribed burning is a land management practice used by managing agency to manage natural resources and that prescribed burning may result in fire or smoke within the Easement Area. The managing agency will notify the GRANTEE prior to any prescribed fire activity in the Easement Area and will limit all temporary closures to the minimum duration possible to assure public safety. D. GRANTEE will design and construct the Easement Area to be fully functional as a fire line that can be traversed by heavy firefighting equipment without damaging the Easement Area surface and will ensure that all improvements are designed, constructed, operated and maintained in a manner compatible with prescribed burning practices. E. GRANTEE agrees to cooperate fully with the managing agency to ensure that the maintenance and use of the trail does not prevent or adversely affect the managing agency's ability to conduct prescribed burns. This includes, but may not limited to, all measures necessary to maximize safety such as assisting with posting and maintaining of smoke signage, complying with and assisting with traffic control and assisting with possible temporary closure of the Easement Area to pedestrian and vehicular traffic. F. GRANTEE will coordinate all construction and maintenance activities with the managing agency, at least seven (7) days in advance. At the discretion of the managing agency, such coordination may require an on-site meeting. The managing agency may be contacted at (772) 340-7530. G. GRANTEE acknowledges that the managing agency has the authority to temporarily halt any construction or maintenance activities that are unsafe for Easement Area visitors or staff or unacceptably adversely impacting Easement Area resources or facilities. The managing agency will work in earnest to identify and implement a resolution as quickly as possible, so as not to cause unnecessary delays to GRANTEE'S schedule of operation. Page 2 of 8 Amendment One to Easement Number 32851 vl.0