11-2267 Recreational Trail Easement from Progress Energy - Wirz Trail Section I

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all other persons using the Easement Area with Grantee's knowledge, consent or 'permission, or under Grantee's supervision or control), that extreme caution is necessary around Progress Energy's electrical facilities and related appurtenances. 5. Grantee, by accepting this Easement, agrees to insure (or self - insure) and otherwise be responsible for Grantee's trail improvements in the Easement Area and for Grantee's employees, contractors or agents accessing the Easement Area under this Easement. Progress Energy shall have no liability or obligations with regard to Grantee's trail improvements. This Easement is granted pursuant to that certain unrecorded Agreement executed by and between Progress Energy and Grantee on 2011 ( "Agreement "), the terms and conditions of which are incorporated herein by this reference and made a part hereof, and which shall run with this Easement. 6. Pursuant to the Agreement, and in consideration of Progress Energy granting this Easement, Grantee has committed to, and shall at Grantee's expense, install and perpetually perform ongoing maintenance of, (a) a landscape buffer along the entire four -foot (4') high chain link fence at the eastern boundary of Progress Energy's substation, parallel and adjacent to S. Winter Park Drive, and (b) a permanent eight -foot (8') high PVC paneled fence along the entire northern boundary of Progress Energy's substation to provide a buffer from the surrounding neighborhood, and to relieve Progress Energy from all code and other local government requirements to install and maintain a screening hedge and associated irrigation improvements. 7. Grantee shall have and assume the sole duty, responsibility and obligation of adequately managing, maintaining, repairing and policing its trail improvements in the Easement Area, and provide proper supervision of the general public's use of such trail and the Easement Area. Grantee shall mow and otherwise maintain the surface of the Easement Area in a condition compatible with the surrounding lands, shall keep the Easement Area clear of debris and litter, and shall take all reasonable steps to ensure that the rights herein granted are exercised in a manner consistent with the provisions of this Easement. Grantee shall use all reasonably available means to discourage unauthorized public travel on any of Progress Energy's property situated outside of the Easement Area. 8. Grantee's use of the Easement Area pursuant to this Easement is and shall be subordinate to Progress Energy's rights and interest in and to the Easement Area, and Grantee shall notify its employees, agents and contractors accordingly. Grantee's use of the Easement Area shall be at Grantee's sole risk and expense, and Progress Energy shall not be liable for any damage or loss to Grantee resulting from Progress Energy's normal use of the Easement Area. 9. Grantee shall not use the Easement Area in any manner which, in Progress Energy's sole determination, may tend to restrict, impair or interfere with Progress Energy's use of the Easement Area or Progress Energy's adjoining properties, or may tend to cause a hazardous condition to exist. In the event Grantee creates such a hazardous condition, or any Page 3 of 6