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16-2872 Easements at 313 & 315 Kantor Blvd
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16-2872 Easements at 313 & 315 Kantor Blvd
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7/12/2023 10:41:31 AM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
6/27/2016
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13. SEVERABILITY. This Agreement is intended to be performed in accordance <br />with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. <br />If any provision of this Agreement or the application thereof to any person or circumstance shall, <br />for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement <br />and the application of such provision to other persons or circumstances shall not be affected <br />thereby but rather shall be enforced to the greatest extent permitted by law. <br />14. SECTION HEADINGS. The section headings as herein used are for <br />convenience or reference only and shall not be deemed to vary the content of this Agreement or <br />the covenants, agreements, representations and warranties herein set forth or limit the provisions <br />or scope of any section herein. <br />15. RECORDING. CITY shall record this executed Agreement in the public records <br />of Seminole County, Florida, at the HOA's expense. <br />16. DURATION. The Easement granted to the CITY shall be temporary, and shall <br />expire upon completion of the construction of the Improvements. The Easement hereby granted <br />and conveyed to, over, under, upon, across, and through the Easement Area to the HOA shall be <br />perpetual in duration. <br />17. LITIGATION AND ATTORNEYS' FEES. In the event it shall be necessary <br />for a party to bring suit for specific performance or damages or to enforce any provision hereof, <br />the prevailing party in any such litigation and any appeals therefrom shall be entitled to recover <br />from the other party, in addition to any damages or other relief granted as a result of such <br />litigation, all costs or expenses of such litigation and its reasonable attorneys' fees and <br />paralegals' fees as fixed by the Court. <br />18. ENTIRE AGREEMENT. This Agreement, any attached, applicable and/or <br />respectively executed CONSENT AND JOINDER OF MORTGAGEE, constitutes the entire <br />agreement between the parties hereto with respect to the transactions contemplated herein, and it <br />supersedes all such prior understandings or agreements regarding same between the parties. <br />19. GOVERNING LAW. This Easement shall be governed by and construed in <br />accordance with the laws of the State of Florida. <br />20. WARRANTY OF TITLE. Grantor hereby warrants that: (i) Grantor owns the <br />fee simple title to the Property, (ii) Grantor has good right and lawful authority to convey the <br />Easement granted herein, and (iii) the Property is not encumbered by any mortgages or other <br />matters which would prohibit the use of the Easement Area for the purposes contemplated <br />herein. <br />Book8872/Page333 CFN#2017022543 Page 4 of 9 <br />
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