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2. Grant of Easement by Grantor. Grantor does hereby create, grant, convey and declare
<br />to exist an exclusive, perpetual, permanent easement and right-of-way for drainage purposes with full
<br />authority to enter upon, desiltrate, sump, excavate, construct, and maintain, as the GRANTEE and its
<br />assigns may deem necessary, a drainage system consisting ofpipes, detention, percolation or disposal
<br />areas or combination thereof, together with appurtenant drainage structures, over, under, upon and
<br />through the Easement Area.
<br />3. Incidental Rights. The Easement hereby created and granted includes the creation
<br />of all incidental rights reasonably necessary for the use and enjoyment of the Easement Area
<br />for its intended purposes, including, specifically, the right of entry for purposes of construction,
<br />installation, operation, maintenance and repair of any utilities located within the Easement
<br />Area. The Grantee herein and its assigns shall have the right to clear, keep clear, remove from
<br />said Easement Area all trees, undergrowth and other obstructions that may interfere with
<br />location, excavation, operation or maintenance of the drainage facilities installed thereon by
<br />the Grantee and its assigns, and the Grantor, their successors and assigns agree not to build,
<br />construct or create, orpermit others to build, construct or create any buildings or other structures
<br />on said Easement Area that may interfere with the location, excavation, operation or
<br />maintenance of the drainage structures installed thereon.
<br />4. Construction and Maintenance Expenses. Grantee shall bear the entire cost
<br />and expense of any construction, repair, alteration, replacement or removal activities performed
<br />within the Easement Area.
<br />5. Use. Use of the Easement Area and entry upon the Property will at all times
<br />conform to and comply with the terms of this Easement and all applicable governmental
<br />regulations now in existence or hereafter created.
<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 />7. Warranty of Title. Grantor hereby warrants that: (i) Grantor owns the fee simple
<br />title to the Property, (ii) Grantor has good right and lawful authority to convey the Easement
<br />granted herein, and (iii) the Property is not encumbered by any mortgages or other matters
<br />which would prohibit the use of the Easement Area for the purposes contemplated herein.
<br />8. Litigation and Attorneys' Fees. In the event it shall be necessary for Grantor
<br />or 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 therefrom shall be entitled to
<br />recover from the other party, in addition to any damages or other relief granted as a result of
<br />such litigation, all costs or expenses of such litigation and its. reasonable attorneys' fees and
<br />paralegals' fees as fixed by the Court.
<br />9. Governing Law. The Easement shall be governed by and construed in
<br />accordance with the laws of the State of Florida.
<br />10. Recordation. The original of this agreement shall be recorded in the Public
<br />Records of Seminole County, Florida, at the expense of the Grantee.
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