Reso 2018-2866 - Laserfiche WebLink

Home Browse Search

(ii) Declarant shall indemnify and hold harmless Benefited Party from any claim, demand, loss, damage, cost or expense of whatsoever kind or nature, including attorney fees through appeal, made against or incurred by Benefited Party incident to any claim, demand, causes of action, defenses or proceedings,judgments or costs asserted against Benefited Pam' as a result of Declarant's use of the Easement Property. 4. Perpetual. The easements and rights hereby created, declared and granted with respect to the Easement Property shall be perpetual and shall run with title to the Easement Property and for the benefit of Benefited Party until amended or terminated in accordance with the terms of this Declaration. 5. Maintenance. Benefited Party shall at its sole expense and at all times be responsible for maintaining, repairing, replacing and keeping the Easement Property, Landscape Improvements, Water Systems, Roadway Improvements, Electrical Systems, Security and Surveillance Systems installed by the Benefited Party on Easement Property and any other improvements that may be placed on the Easement Property the Benefited p � by Party. 6. Injunctive Relief. In the event of any violation or threatened violation by Declarant or Benefited Party, the other party shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction of Miami-Dade County, Florida. The rights of injunction shall be in addition to all other remedies provided by law. 7. Attorney Fees. In the event any person is required to initiate or defend any legal action or proceedings to enforce or interpret this Declaration, the prevailing party in any such action or proceeding • shall be entitled to recover reasonable costs and attorney fees (including its reasonable cost and attorney fees on any appeal). 8. Amendment. This Declaration may be amended only by an instrument in writing executed by the Declarant and the Benefited Party and recorded in the Public Records. 9. Captions and Headings, The captions and headings in this Declaration are for reference only, and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or other agreements contained herein 10. Effective Date. This Easement shall become effective upon recording. Declarant shall • be responsible for the act of and costs associated with the recording of this.Easement. IN WITNESS WHEREOF, the undersigned party has caused this Declaration of Easement to be duly executed and the corporate seal to be affixed the day and year first above written. Signed in the presence of PORTO BELLAGIO CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation By: B)': Print Name: mo AJ\ PATRICIA FIS , EL President 3 Amended Ingress/Egress Easement Agreement - Porto Bellagio 3025 7 7037'1 0959416