20-3215 Approving Sidewalk, Landscape and Utility Easement for Lake Concord Park

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including, but not limited to resodding, repaving, or removal of debris or dirt caused by or resulting from such activities. 6. Sidewalk and Landscaping Maintenance Expenses. City shall bear the cost and expense of any maintenance, repair, removal or replacement of the City's Improvements within the Sidewalk and Landscape Easement Area. Damage caused in whole or in part by the Grantor or its assigns within this easement area shall be the responsibility of the Grantor. 7. Use. Use of the Easement Areas and entry upon the Property will at all times conform to and comply with the terms of this Agreement and all applicable governmental regulations now in existence or hereafter created. 8. Enforcement. In the event of a breach of any of the covenants or agreements set forth in this Agreement, the parties shall be entitled to seek any and all remedies available at law or in equity, including, but not limited to, the equitable remedies of specific performance or mandatory or prohibitory injunction issued by a court of appropriate jurisdiction. In the event it becomes necessary for any party to defend or institute legal proceedings as the result of the failure of either party to comply with the terms, covenants, agreements and conditions of this Agreement, the prevailing party or parties in such litigation shall be entitled to be reimbursed by the defaulting party or parties for all reasonable costs incurred or expended in connection therewith, including, but not limited to, reasonable attorneys' fees and court costs through all trial and appellate levels. 9. Duration. The easements hereby granted and conveyed to, over, under, upon, across, and through the Easement Areas shall be perpetual in duration. 10. 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 easements 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. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 12. Recordation. The original of this Agreement shall be recorded in the Public Records of Seminole County, Florida, at the expense of the Grantor. 13. Binding Covenant. The covenant and rights set forth in this Agreement shall run with the title to the lands described in Exhibit "A" and Exhibit "B" and the benefits and burdens hereof shall bind and inure to the benefit of all successors in interest to the parties hereto. IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be executed in manner and form sufficient to bind them as of the date and year first above written. 3