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Reso 2003-582
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Reso 2003-582
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Last modified
4/19/2022 4:50:08 PM
Creation date
1/25/2006 1:57:23 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2003-582
Date (mm/dd/yyyy)
08/28/2003
Description
– Release of Agmt & a Beach Access Easement Agmt w/D.P. Colonial, LLC.
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<br />~~t I 8398 PG 3774 <br /> <br />Easement Parcel.. said repairs, replacements and/or maintenance shall be the obligation of the <br />Grantee at. the Grantee's sole cost and expense. <br />4. Mechanic's liens, Grantee shall keep the Easement Parcel (and all portions <br />thereof) at all times free of mechanics' and/or construction Dens and any other Bens for labor, <br />seNiees, suppDes, equipment or materials purchased or procured, directly or indirectly, by or for <br />Grantee. Grantee agrees that it will promptly pay and satisfy all liens of contractors, subcontractors, <br />mechanics, laborers, materialmen and others of like character, and Will indemnify the Grantor <br />against all liabilities, e)(J)An~A$. COstS8Rd chaFges, iAcludiRa, without Kluif'd(ibn, bond payments for <br />release.of liens and attorneys' fees and costs reasonably Incurred In and aboUt the defense of any <br />suit in discharging the Easement Parcel (or any. portion thereOf) from any ..Iiens, jUdgments or <br />encumbran<:es.causedor suffered by or through Grantee.fn the eventanysuch6ens shaD be <br /> <br />. . <br />made or~led,Grantee shaD bond against or discharge 'Same within thirty (30) days after receiving <br />written notice of the filing of same. Grantee shall not have any authority to create any lens for labor <br />or material on the Easement Parcel and aD perSonsc:ontr8cting with' Grantee for the perfonnance of <br />any services. supply of any materials or provision of any labOr for any wor1cdone . In, on or around <br />the Easement Parcel. and all materialmen, contractors,suppRers, mea,anics and laborers ~re <br />hereby charged with notice that they must look solely to Grantee to secure payment of any bill for <br />work done or materials fumished at the request or lnstrudiori of Grantee, <br />5. .ComDliance ..Wrth Laws. The beneficiaries of the Easement shall at all times <br />obseNe in the use of the Easement Parcel alf applicable municipal, county, state and federal <br />laws, ordinances. codes, statutes, rules and regulations. <br />6. ReseNation. Grantor hereby reserves all rights of ownershIp In and to the <br />Easement Parcel whIch are not . Inconsistent with the · Easement, including, without limitation: <br />(a) the right to grant further non-eXclusive easements on, over. and/or across the Easement <br />Parcel (i.e. utility and/or access easements), (b) the right to use the Easement. Parcel for all <br />uses not Interfering or inconsistent with the uses permitted herein, Including, but not limited to: <br />vehicular access and ingress and egress to, over, and from the Easement Property and the <br />Property; service access to, over and from the Easement Property and the Property; <br />installation, maintenance and use of utility facilities and access therefore and maintenance <br />thereof; the right to conduct any activity upon the Easement Parcel which promotes the <br />security of the Easement Parcel or the Property or any persons or property located thereon, to <br />the extent permitted by applicable law, as long as public access to the beach through the <br />) 'Easement Parcel is reasonably maintained during the hours of operation noted hereinabove; <br /> <br />') <br /> <br />'..J" <br />'. <br /> <br />-3- <br />
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