18-3046 Drainage and Temp Construction Easements 808 Osceola Trl

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3. Incidental Rights. The Easement hereby created and granted includes the creation of all incidental rights reasonably necessary for the use and enjoyment of the Easement Area for its intended purposes; including, specifically, the right of entry for purposes of construction, installation, operation, maintenance and repair of any utilities located within the Easement Area. The Grantee shall have the right to clear, keep clear, and remove from said Easement Area all trees, undergrowth and other obstructions that may interfere with location, excavation, operation or maintenance of the drainage facilities installed thereon by the Grantee. The Grantor agrees not to build, construct or create, orpertnit others to build, construct or create, any buildings or other structures on said Easement Area that may interfere with the location, excavation, operation or maintenance of the drainage structures installed thereon. 4. Construction and Maintenance Expenses. Grantee shall bear the entire cost and expense of any construction, repair, alteration, replacement or removal activities performed within the Easement Area. 5. Use. Use of the Easement Area and entry upon the Property will at all times conform to and comply with the terms of this Easement and all applicable governmental regulations now in existence or hereafter created. 6. Duration. The Easement hereby granted and conveyed to, over, under, upon, across, and through the Easement Area shall be perpetual in duration. 7. Warranty of Title. Grantor hereby warrants that: (i) Grantor owns the fee simple title to the Property, (ii) Grantor has good right and lawful authority to convey the Easement granted herein, and (iii) the Property is not encumbered by any mortgages or other matters which would prohibit the use of the Easement Area for the purposes contemplated herein. 8. Litigation and Attorneys Fees. In the event it shall be necessary for Grantor or Grantee to bring suit for specific performance or damages or to enforce any provision hereof, the prevailing party in any such litigation and any appeals therefrom shall be entitled to recover from the other party, in addition to any damages or other relief granted as a result of such litigation, all costs or expenses of such litigation and its reasonable attorneys' fees and paralegals' fees as fixed by the Court. 9. Governing Law. The Easement shall be governed by and construed in accordance with the laws of the State of Florida. 10. Recordation. The original of this agreement shall be recorded in the Public Records of Seminole County, Florida, at the expense of the Grantee. 11. Binding Covenant. The covenant and rights set forth in this Agreement shall run with the title to the Property, and the benefits and burdens hereof shall bind and inure to the benefit of all successors in interest to and assigns of the parties hereto. 12. Non -Homestead Status. Daniel R. Fournier and Timothy D. Fournier hereby warrant that the Property is not their homestead property. IN WITNESS WHEREOF, the parties have set their hand and seal, the day and year indicated below.