16-2872 Easements at 313 & 315 Kantor Blvd

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defending at the CITY's own cost and expense any and all actions, suits or proceedings directly related thereto. This indemnification does not create any post -construction warranties regarding the construction, craftsmanship, installation and/or design of the Improvements and does not create any post construction warranty of fitness for particular purpose. This indemnity does not waive the CITY's sovereign immunity. 6. RESERVATION. The GRANTOR reserves unto itself, its successors, transferees and assigns, the right and privilege to use the Subject Property (excluding the constructed Improvements) for any purposes not inconsistent with CITY and HOA's use, occupation or enjoyment thereof: 7. SUCCESSORS AND ASSIGNS. All easements contained herein shall be nonexclusive, irrevocable, shall run and be appurtenant to the Subject Property and, except as otherwise herein set forth, shall run with said lands forever and be binding upon and inure to the benefit of and be enforceable by the legal representatives, successors, transferees, grantees, and assigns of the parties hereto. 8. COMPLIANCE WITH LAWS. The CITY and HOA's use of the Easement Area granted herein shall at all times comply with all applicable federal, state, and local laws, rules, regulations, orders and requirements. 9. NO WAIVER. Any failure to enforce any provision contained in this Agreement shall in no way be deemed a waiver of the right to do so thereafter. The invalidity, violation, abandonment or waiver of any one or more of any of the provisions hereof shall not affect or impair the remaining portions of this Agreement. 10. NOTICE. Any notice which any party hereto may be required or may desire to give hereunder shall be deemed to have been given if delivered personally. If any such notice is mailed, postage pre -paid by United States Certified Mail, Return Receipt Requested, or if sent prepaid by a nationally recognized overnight courier (e.g., Federal Express) with receiving party's signature required, to the addresses set forth above in the Preamble to this Agreement, or to such other street address or addresses as the party to be given notice may have furnished in writing to the parties seeking or desiring to give notice, as a place for the giving of such notice, provided that no change in address shall be effective until ten (10) days after sent or given to the other party in a manner provided for above. Any notice given in accordance with the foregoing, shall be deemed given when delivered to, and/or received by, the addressee personally. I1. PARTIES. The term GRANTOR as used herein shall mean and refer to the owner(s) from time to time of GRANTOR's property. 12. AMENDMENTS AND WAIVERS. This Agreement may not be amended, modified, altered, or changed in any respect whatsoever, except by further agreement in writing, duly executed by the parties hereto, or their respective successors or assigns, and recorded in the Public Records of Seminole County, Florida. Book8872/Page332 CFN#2017022543 Page 3 of 9