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BK : 2272 PG : 1052 <br /> 4-28-08 <br /> ownership of the Property. Neither Grantor, nor any person or entity claiming by or through <br /> Grantor, shall hold Grantee liable for any damage or injury to person or personal property which <br /> may occur on the Property, except that Grantee shall be liable for any damage or injury to <br /> person or personal property which occurs on the Property that is due to or caused solely by <br /> Grantee's actions . Notwithstanding the provisions of this section , nothing contained herein <br /> shall be construed as a waiver of any immunity from , or limitation of, liability the Grantor has <br /> under the Doctrine of Sovereign Immunity of Section 768 .28 Florida Statutes , as amended . <br /> 7 . Acts Beyond Grantor's Control . Nothing contained in this Conservation Easement <br /> shall be construed to entitle Grantee to bring any action against Grantor for any injury to or <br /> change in the Property resulting from natural causes beyond Grantor's control , including , <br /> without limitation , fire , flood , storm and earth movement, or from any necessary action taken by <br /> Grantor under emergency conditions to prevent , abate or mitigate significant injury to the <br /> Property or to persons resulting from such causes . <br /> 8 . Recordation . Grantor shall record this Conservation Easement immediately after the <br /> recordation of the Warranty Deeds into Grantor and the Declaration of Restrictive Covenants in <br /> the Official Records of Indian River County, Florida , and shall rerecord it at any time Grantee <br /> may require to preserve its rights . Grantor shall pay all recording costs and taxes necessary to <br /> record this Conservation Easement in the public records . Grantor will hold Grantee harmless <br /> from any recording costs or taxes necessary to record this Conservation Easement in the public <br /> records . <br /> 9 . Successors . The covenants , terms , conditions and restrictions of this Conservation <br /> Easement shall be binding upon , and inure to the benefit of the parties hereto and their <br /> respective successors and assigns and shall continue as a servitude running in perpetuity with <br /> the Property . <br /> 10, Counterparts , This Conservation Easement may be executed in a number of <br /> identical counterparts , each of which for all purposes is deemed an original , and all of which <br /> constitute collectively one ( 1 ) agreement , but in making proof of this Conservation Easement, it <br /> shall not be necessary to produce or account for more than one such counterpart. <br /> 11 . General , The Background Recitals are true and correct and form a material part of <br /> this Conservation Easement . <br /> IN WITNESS WHEREOF , Grantor has executed this Conservation Easement on the <br /> day and year first above written . <br /> CITY OF ELLSMERE ATTEST: <br /> , <br /> a . <br /> Sy a J . Sava e , Mayor eborah C . Krages , City l e "� <br /> K � g , <br /> I KIP , <br /> STATE OF FLORIDASEA <br /> r <br /> COUNTY OF INDIAN RIVER 0� � � <br /> `,, ., . <br /> The foregoing instrument was acknowledged before me this �"da 1:, 1 :o ,ter M� . <br /> 2008 , by Sara J . Savage , Mayor of the City of Fellsmere , who is persb'�i'ally <br /> 2pwn to me . <br /> it CI A111 <br /> Ali <br /> DBORAH C* MAGES <br /> MYCOAlMISSIDNtDD7390?2 ary Public for the State of FI n <br /> EXPIRES: Jammy 28, 2012 <br /> „ TwNwgPu* UndoNtMNi My Commission Expires P//&/4•� I 3- <br /> Form 133 3 <br />