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2. CITY INGRESS/EGRESS EASEMENT. GRANTOR hereby creates, grants,
<br />and conveys to CITY OF CASSELBERRY, FLORIDA, a temporary, nonexclusive easement
<br />over the Easement Area for the purpose of constructing the Improvements.
<br />3. IMPROVEMENTS AND USE. This Easement includes CITY's right to enter
<br />and re-enter onto the Subject Property to install and construct the Improvements.
<br />The CITY shall not, while installing the Improvements, damage or interfere with the
<br />GRANTOR's use of the Subject Property as a residence. The CITY shall be responsible for any
<br />modifications to the Easement Area as may be necessary to accommodate the Improvements,
<br />including meeting all reasonable specifications of the Engineer who designs the Improvements,
<br />except that GRANTOR will remove all property on the Easement Area. The CITY and its
<br />contractors and/or other agents shall have the right to clear, keep clear and remove from said
<br />Easement Area all trees, undergrowth and other obstructions that may interfere with the
<br />construction of the Improvements by the CITY, its contractors and/or other agents, and the
<br />GRANTOR, its successors and assigns, agree not to build, construct or create, or permit others to
<br />build, construct or create any building or other structures on said Easement Area that may
<br />interfere with the construction of the Improvements. This Easement does not create or convey
<br />any rights whatsoever to the public to use the Subject Property. After the Wall is completed, the
<br />CITY will replace any existing fencing perpendicular to the Wall in the same condition as
<br />existed before construction of the Wall. This Easement does not create or convey any rights
<br />whatsoever to the CITY or the HOA to use or enter upon the Subject Property, except as
<br />specifically provided in this Agreement.
<br />The CITY may use its own employees or independent contractor(s) to construct the
<br />Improvements. All such independent contractors shall comply with all federal, state, county and
<br />local laws, including workers compensation insurance laws, as well as all applicable mechanics
<br />lien laws.
<br />4. GRANT OF EASEMENT AND MAINTENANCE BY HOA. After the
<br />Improvements are constructed, maintenance of the entire Easement Area, excluding the
<br />constructed Improvements, shall remain GRANTOR's responsibility. GRANTOR hereby grants
<br />an easement over the Easement Area to the SAUSALITO SHORES HOMEOWNERS'
<br />ASSOCIATION, INC., to maintain the constructed Improvements and for access to the
<br />constructed Improvements. From commencement of the construction of the Improvements
<br />through the completion of construction of the Improvements, maintenance of the entire Easement
<br />Area, including any partially constructed Improvements, shall be the CITY's sole responsibility.
<br />After completion of.the construction, the maintenance of the Improvements shall be the HOA's
<br />sole responsibility.
<br />5. INDEMNITY. To the extent of the CITY's liability insurance, and the CITY's
<br />sovereign immunity limits, the CITY indemnifies and holds GRANTOR and the HOA harmless
<br />from any and all damages, injuries, liabilities, lawsuits, claims, demands, suits, actions,
<br />expenses, damages, judgments, awards, orders, decrees and attorney fees which arise directly
<br />from the CITY's construction of the Improvements, including but not necessarily limited to,
<br />Book8872/Page331 CFN#2017022543 Page 2 of 9
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