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2009-029
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2009-029
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Last modified
3/2/2016 9:50:51 AM
Creation date
10/1/2015 12:53:34 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Easement
Approved Date
02/03/2009
Control Number
2009-029
Agenda Item Number
8.U.
Entity Name
St. Johns River Water Management District
Subject
Conservation Easement CR 512 Phase 3 Project
Area
CR 512
Supplemental fields
SmeadsoftID
7764
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BK : 2319 PG : 763 <br /> (a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to <br /> determine if Grantor or its successors and assigns are complying with the covenants and prohibitions <br /> contained in this Conservation Easement. <br /> (b) To proceed at law or in equity to enforce the provisions of this Conservation Easement and the <br /> covenants set forth herein , to prevent the occurrence of any of the prohibited activities set forth herein , <br /> and require the restoration of areas or features of the Property that may be damaged by any activity <br /> inconsistent with this Conservation Easement, <br /> 5 . Grantee's Discretion . Grantee may enforce the terms of this Conservation Easement at its <br /> discretion , but if Grantor breaches any term of this Conservation Easement and Grantee does not <br /> exercise its rights under this Conservation Easement , Grantee's forbearance shall not be construed to be <br /> a waiver by Grantee of such term , or of any subsequent breach of the same , or any other term of this <br /> Conservation Easement, or of any of the Grantee's rights under this Conservation Easement . No delay or <br /> omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such <br /> right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other <br /> person or entity, to enforce the provisions of this Conservation Easement, <br /> 6 . Grantee's Liability. Grantor will assume all liability for any injury or damage to the person or <br /> property of third parties which may occur on the Property arising from Grantor's ownership of the Property . <br /> Neither Grantor, nor any person or entity claiming by or through Grantor, shall hold Grantee liable for any <br /> damage or injury to person or personal property which may occur on the Property. <br /> 7 , Acts Beyond Grantor's Control . Nothing contained in this Conservation Easement shall be <br /> construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property <br /> resulting from natural causes beyond Grantor's control , including , without limitation , fire , flood , storm and <br /> earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent, <br /> abate or mitigate significant injury to the Property or to persons resulting from such causes . <br /> 8 . Recordation . Grantor shall record this Conservation Easement in timely fashion in the Official <br /> Records o� County, Florida , and shall rerecord it at any time Grantee may require to <br /> preserve its rights . Grantor shall pay all recording costs and taxes necessary to record this Conservation <br />
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