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2005-121
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2005-121
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Last modified
7/14/2016 1:54:38 PM
Creation date
9/30/2015 8:36:44 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/05/2005
Control Number
2005-121
Agenda Item Number
7.L.
Entity Name
US Army Corps of Engineers
Subject
Consent to Easement
Area
Intracoastal Waterway Wabasso Causeway
Supplemental fields
SmeadsoftID
4858
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Y <br /> who may be on said premises at the invitation of the Grantee or <br /> the invitation of one of them , arising from Governmental activi - <br /> ties on or in the vicinity of the said premises , and the Grantee <br /> shall hold the Government harmless from any and all claims , to <br /> the extent allowed by law . <br /> 8 . That the Government shall in no case be liable for any <br /> damage , either hidden or known , to any improvements herein <br /> authorized which may be caused by any action of the Government , <br /> under the rights obtained in its easements , or that may result <br /> from the future operations undertaken by the Government , and no <br /> claim or right to compensation shall accrue from such damage , and <br /> if further operations of the Government require the alteration or <br /> removal of any improvements herein authorized , the Grantee shall , <br /> upon due notice , from said officer , alter or remove said improve - <br /> ments without expense to the Government and subject to the <br /> supervision and approval of the said officer and no claim for <br /> damages shall be made against the Government on account of such <br /> alterations or removal . <br /> 9 . That construction and / or operation , maintenance , and use of <br /> any improvements incident to the exercise of the privileges <br /> herein granted shall be in such a manner as not to conflict with <br /> the rights of the Government , nor to interfere with the <br /> operations by the Government under such rights nor to endanger <br /> lives and safety of the public . <br /> 10 . That this consent may be terminated by the Government or <br /> said officer upon reasonable notice to the Grantee if the Govern - <br /> ment or said officer shall determine that any improvements or use <br /> to which consent is herein granted interferes with the use of <br /> said land or any part thereof by the Government , and this consent <br /> may be annulled and forfeited by the declaration of the Govern - <br /> ment or said officer for failure to comply with any or all of the <br /> provisions and conditions of this consent , or for nonuse for a <br /> period of two ( 2 ) years , or for abandonment . <br /> 11 . That upon relinquishment , termination , revocation , <br /> forfeiture , or annulment of this consent , the Grantee shall <br /> vacate the premises , remove all property of the Grantee <br /> therefrom , and restore the premises to a condition satisfactory <br /> to the said officer . If the Grantee shall fail or neglect to <br /> remove the said property and so restore the premises , then at the <br /> option of the Government or said officer , the said property shall <br /> either become the property of the Government without compensation <br /> therefor , or the Government or said officer , may cause it to be <br /> removed , and the premises to be so restored at the expense of the <br /> Grantee , and no claim for damages against the Government , or its <br /> 3 <br />
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