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<br />3. Incidental Riqhts. The Easement hereby created and granted includes the <br />creation of all incidental rights reasonably necessary for the reasonable use and <br />reasonable enjoyment of the Easement Area for its intended purposes, including, <br />specifically, the right of entry for purposes of construction, installation, operation, <br />maintenance and repair of any Sanitary Sewer Utilities located within the Easement <br />Area. <br /> <br />4. Construction and Maintenance. Grantee shall bear the entire cost and expense <br />of any construction, repair, alteration, replacement or removal activities performed <br />within the Easement Area related to or arising from the construction, installation, <br />operation, maintenance or repair of the Sanitary Sewer Utilities located within the <br />Easement. The Grantee shall also, at Grantee's cost and expense, restore the <br />Grantor's property and Easement Area to the condition which existed prior to any such <br />construction, repair, alteration, replacement or removal activities. including, but not <br />limited to, re-vegetation, re-sodding, re-paving, or removal of debris or dirt caused by or <br />resulting from such activities. <br /> <br />5. Use. Use of the Easement Area and entry upon the Easement Area will at all <br />times conform to and comply with the terms of this Agreement and all applicable <br />governmental regulations now in existence or hereafter created. <br /> <br />6. Duration. The Easement hereby granted and conveyed to, over, under, upon, <br />across, and through the Easement Area shall be perpetual in duration. <br /> <br />7. Warranty of Title. Grantor hereby warrants that (i) Grantor owns the fee simple <br />title to the Easement Area, (ii) Grantor has good right and lawful authority to convey the <br />Easement granted herein, and (iii) the Easement Area is not encumbered by any <br />mortgages or other matters which would prohibit the use of the Easement Area for the <br />purposes contemplated herein. <br /> <br />8. Utiqation and Attorneys Fees. In the event it shall be necessary for Grantor or <br />Grantee to bring suit for specific performance or damages or to enforce any provision <br />hereof, the prevailing party in any such litigation and any appeals there from shall be <br />entitled to recover from the other party, in addition (.J any damages or other relief <br />granted as a result of such litigation, all costs or expenses of such litigation and its <br />reasonable attorneys' fees and paralegals' fees as fixed by the Court. <br /> <br />9. Governinq Law. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Florida. <br /> <br />10. City Obliqations. The City, in consideration of and exchange for Grantor's <br />grant of the Easement to Grantee, hereby grants and gives to Grantor, its successors <br />and assigns, a credit up to $25,000.00 against future (i) sanitary sewer connection fees <br />and (ii) sanitary sewer benefit fees, regardless of the name of such fees in the future. <br /> <br />025805. 09900 I. 102317688.5 <br /> <br />2 <br />