Laserfiche WebLink
Easement Area for the purpose of construction, installation, operation, maintenance and <br />repair of the Utilities. <br />3. Incidental Rights. The easement hereby created and granted includes the creation of <br />all incidental rights reasonably necessary for the use and enjoyment of the Easement Area for <br />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. <br />4. Construction and Maintenance Expenses. Grantee shall bear the entire cost and <br />expense of any construction, repair, alteration, replacement or removal activities performed <br />within the Easement Area. The Grantee shall also, at Grantee's cost and expense, restore the <br />Property and Easement Area to the condition which existed prior to any such construction, <br />repair, alteration, replacement or removal activities, including but not limited to, <br />revegetation, resodding, or removal of debris or dirt caused by or resulting from such <br />activities. Grantee will be responsible for any documentation required for permitting projects <br />related to construction, installation, operation, maintenance and repair of the Utilities. The <br />Grantee will keep records indicating the compliance with all applicable laws, and any <br />required notification and memorialization procedures, including the National Emissions <br />Standards for Hazardous Air Pollutants. <br />5. Use. Use of the Easement Area and entry upon the Property will at all times conform <br />to and comply with the terms of this easement and all applicable governmental regulations <br />now in existence or hereafter created. <br />6. Duration. The easement hereby granted and conveyed to, over, under, upon, across, <br />and through the Easement Area shall be perpetual in duration. <br />7. Warranty of Title. Grantors hereby warrant that: (i) Grantors own the fee simple title <br />to the Property, (ii) Grantors have 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, or <br />in the alternative, a mortgagee consent and joinder is attached hereto or a separate consent <br />and joinder will be recorded. <br />8. Litigation and Attorneys Fees. In the event it shall be necessary for Grantors or <br />Grantee to bring suit for specific performance or damages or to enforce any provision, the <br />prevailing party in any such litigation and any appeals shall be entitled to recover from the <br />other party, in addition to any damages or other relief granted as a result of such litigation, all <br />costs or expenses of such litigation and its reasonable attorneys' fees and paralegals' fees as <br />fixed by the Court. <br />9. Governing The easement shall be governed by and construed in accordance <br />with the laws of the State of Florida. <br />2 <br />