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3. Incidental Rights. Its. The Easement hereby created and granted includes the creation of all <br />incidental rights reasonably necessary for the use and enjoyment of the Easement Area for its <br />intended purposes; including, specifically, the right of entry for purposes of operation, <br />maintenance, replacement and repair of any Utilities presently located within the Easement Area. <br />4. Maintenance Expenses. City shall bear the entire cost and expense of any repair, <br />alteration, replacement or removal activities performed within the Easement Area. The City <br />shall also, at City's cost and expense, restore the Property and Easement Area to the condition <br />which existed on Grantor's Property prior to any such repair, alteration, replacement or removal <br />activities, including but not limited to, revegetation, resodding, repaving, or removal of debris or <br />dirt caused by or resulting from such activities, wear and tear excepted. Said restoration shall be <br />completed no later than thirty days of the completion of the said activities above. Within 6 <br />months of execution of this Easement Agreement by the City, City will install up to a length of <br />50 feet of Florida native bushes, installed at a height between 3 to 4 feet tall, of a type to be <br />selected by the Owner, and irrigation. City will maintain the bushes to maintain a mature height <br />of up to 10 feet, and irrigation within the Easement Area to City standards. <br />5. Owner may use the Easement Area for any lawful purpose so long as Owner: <br />a. does not interfere with City's access to the Easement Area to perform the activities <br />permitted under this Easement; and <br />b. does not impair the operation of the Lift Station Area. <br />6. Grantor recognizes that the City may, at its sole discretion, install permanent and/or <br />temporary generators in the Easement Area to provide power to the lift station during times of <br />power outage. <br />7. Grantor recognizes that the City may require access outside of the Easement Area for <br />maintenance and/or repair of the existing lift station. The City will notify the Owner and obtain a <br />Temporary Construction Easement from the Owner prior to performing work that would require <br />access outside of the Easement Area. Owner agrees to cooperate with City in negotiating the <br />Temporary Construction Easement. <br />8. Use. Use of the Easement Area and entry upon the Property will at all times conform to <br />and comply with the terms of this Easement and all applicable governmental regulations now in <br />existence or hereafter created. <br />9. Duration. The Easement hereby granted and conveyed to, over, under, upon, across, and <br />through the Easement Area shall be perpetual in duration. <br />10. Warranty of Title. Grantor hereby warrants that: (i) Grantor owns the fee simple title to <br />the Property, (ii) Grantor has good right and lawful authority to convey the Easement granted <br />herein, and (iii) the Property is not encumbered by any mortgages or other matters which would <br />prohibit the use of the Easement Area for the purposes contemplated herein. <br />2 <br />