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2007-073A/B
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BK : 2182 PG : 143 <br /> Easement ; (c) is reasonably necessary for , and incidental to , carrying out the <br /> improvements and agricultural production uses permitted on the Property by this <br /> Conservation Easement ; and , (d ) outside of the wetlands and woodlands identified in <br /> Exhibit " C . " <br /> 14 . Permission of Grantee . <br /> Where Grantor is required to obtain Grantee' s permission for a proposed action <br /> hereunder , said permission shall be requested in writing . Grantor' s request shall include <br /> building plans identifying the use , footprint , and total square footage of any proposed <br /> structures , and related survey information , if available . Grantee reserves the right to <br /> request from Grantor , in writing , any additional information reasonably required to assist <br /> in Grantee ' s evaluation of the request . Grantee shall grant permission unless it <br /> determines that such proposed action would violate this Conservation Easement . Grantee <br /> shall respond in writing within forty-five (45 ) days of receipt of the Grantor' s written <br /> request. Permission by the Grantee does not replace other governmental approvals . <br /> including , but not limited to , Indian River County approvals . <br /> 15 . Ongoing Responsibilities of Grantor and Grantee . <br /> Other than as specified herein , this Conservation Easement is not intended <br /> to impose any legal or other responsibility on Grantee , or in any way to affect <br /> any <br /> obligations of Grantor as owner of the Property , including , but not limited to , the following : <br /> (a) . Taxes . Grantor shall be solely responsible for payment of all taxes and <br /> assessments levied against the Property . If the Grantor becomes delinquent in payment <br /> of taxes the Grantee , at its option , shall have the right to take such actions as may be <br /> necessary to protect the Grantee ' s interest in the Property and to assure the continued <br /> enforceability of this instrument and to recover all of its costs including reasonable <br /> attorney 's fees . If, as a result of such actions , Grantee ever pays any taxes or <br /> assessments on Grantor' s interest in the Property , Grantor will promptly reimburse <br /> Grantee for the same . <br /> (b) . Upkeep and Maintenance . Grantor shall be solely responsible for the <br /> upkeep and maintenance of the Property , to the extent required by law and this <br /> Conservation Easement . Grantee shall have no obligation whatsoever for the upkeep or <br /> maintenance of the Property . <br /> (c) . Liability and Indemnification . Subject to paragraph 2 (a) , Grantor agrees to <br /> indemnify and hold Grantee harmless from any and all costs , claims or liability , including <br /> but not limited to reasonable attorneys fees arising from any personal injury , accidents , <br /> negligence or damage relating to the Property owned by Grantor , or any claim thereof , <br /> unless solely due to the negligence of Grantee or its agents , in which case liability shall <br /> be apportioned accordingly . Pursuant to Florida Statutes section 704 . 06 ( 10 ) (2006 ) , the <br /> ownership or attempted enforcement of rights held by Grantee does not subject the <br /> 11 <br />
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