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WHEREAS, Progress Energy has agreed to grant to Casselberry a non - exclusive <br />easement for recreational trail purposes on the Easement Area, subject to the terms and <br />conditions hereinafter set forth. <br />NOW THEREFORE, for and in consideration of the mutual promises and other good <br />and valuable consideration exchanged between them, Progress Energy and Casselberry do <br />hereby agree to the following: <br />1. Progress Energy and Casselberry each acknowledge that the foregoing recitals are <br />true and correct, and the same are hereby incorporated into this Agreement as if fully stated <br />herein. <br />2. Progress Energy agrees to grant to Casselberry, and to Casselberry''s successors <br />and assigns, a non - exclusive and perpetual right, privilege and easement on, upon, through, across <br />and within the Easement Area to construct, install, utilize, inspect, maintain, repair, rebuild, <br />remove and protect a recreational trail and related facilities solely for outdoor recreational <br />purposes, and to make such trail improvements available for use by Casselberry, its lessees, <br />licensees and the general public, along with all other rights and privileges reasonably necessary <br />for the safe use and maintenance of Casselberry's trail improvements, including the right to install <br />sod, groundcover, mulch, gravel and other landscaping, and to trim, cut and keep clear trees, <br />limbs and undergrowth within said Easement Area (the "Easement "). The form of the Easement <br />Progress shall grant to Casselberry is attached hereto as EXHIBIT "B, and the whole, of such <br />exhibit is incorporated into this Agreement and made a part hereof as if the same were fully and <br />expressly restated in the body of this Agreement. <br />3. Casselberry shall use the Easement Area at its sole risk and expense, and <br />Casselberry shall be responsible for Casselberry's employees, contractors or agents accessing the <br />Easement Area under the Easement. With respect to the Easement Area and all areas immediately <br />adjacent to Progress Energy's Substation property, Casselberry agrees to and shall construct its <br />Wirz Trail Construction Project in substantial conformity to the Construction Plans For Wirz <br />Trail, Section One, a copy of which is attached hereto as EXHIBIT "C" and is incorporated <br />herein by this reference. Casselberry also shall be responsible for discharging and removing any <br />and all charges or liens against the Easement Area arising from Casselberry's construction of the <br />Wirz Trail Construction Project. <br />4. Casselberry shall have and assume the sole duty, responsibility and obligation of <br />adequately managing, maintaining, repairing and policing its trail improvements in the Easement <br />Area, and provide proper supervision of the general public's use of such trail and the Easement <br />Area. Casselberry shall mow and otherwise maintain the surface of the Easement Area in a <br />condition compatible with the surrounding lands, shall keep the Easement Area clear of debris <br />and litter, and shall take all reasonable steps to ensure that the rights granted by the Easement are <br />exercised in a manner consistent with the provisions of the Easement. Casselberry shall use all <br />reasonably available means to discourage unauthorized public travel on any of Progress Energy's <br />property situated outside of the Easement Area. <br />Page 2 of 5 <br />