2005-152 - Laserfiche WebLink

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causing the Project and the Site to be constructed and maintained in accordance therewith and in a safe condition . 15 . This easement shall be perpetual and shall run with the land and be binding upon Grand Harbor , the County and their heirs , successors and assigns , and remain in full force and effect , enforceable by the County and Grand Harbor either by injunction or proceeding in equity or at law , subject to the conditions contained herein . The easement may be released by the County or Grand Harbor to the owners of the Property . The easement shall be recorded and indexed in the same manner as any other instrument affecting the title to real property 16 . Notwithstanding any provision to the contrary herein contained ( i ) Grand Harbor , its employees , residents , guests , invitees and designees reserve the right to use the Site for passive recreational uses not detrimental to the health of the ecological system ; ( ii ) Grand Harbor shall continue to be responsible to maintain the Property outside of the Site area and ( iii ) the above-stated easement shall not preclude the Indian River Mosquito Control District from obtaining access to the Site for the purpose of mosquito inspection , treatment , and management . 17 . Indemnification . Grand Harbor grants the County and its representatives , agents , invitees and guests access to the Site to conduct Site operations , maintenance , recreational and educational tours . The County acknowledges that the County and its representatives , agents , invitees and guests must cross property owned by Grand Harbor to access the Site . During the term of this Agreement the County , shall indemnify , hold harmless and defend Grand Harbor from and against any and all claims and all damages , losses , liabilities and expenses , including reasonable attorneys ' fees , relating to the use of the property of Grand Harbor by the County and its representatives , agents , invitees or guests . The County shall indemnify , hold harmless and defend Grand Harbor from and against any and all claims and all damages , losses , liabilities and expenses , including reasonable attorneys ' fees , relating to the Site . The County shall cause the Site to be added to its excess coverage policy . Any consultant , contractor or subcontractor hired to perform work on the Site shall be fully insured and name Grand Harbor and the County as additional insureds on the policies . During the term of this Agreement , Grand Harbor shall indemnify , hold harmless and defend County from and against any and all claims and all damages , losses , liabilities and expenses , including reasonable attorneys ' fees , relating to the use of the Site and property by Grand Harbor and its representatives , agents , invitees or guests . 7