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<br />~~t I 8398 fG 3773 <br /> <br />NOW THEREFORE, Grantor, in consideration of Ten ($10.00) Dollars, and for other <br />good and valuable considerations, the receipt and sufficiency of which are hereby <br />acknowledged, Grantor and Grantee hereby agree as follows: <br />1. Recitals. The foregoing recitals are true and correct and are incorporated <br />herein as if repeated at length. <br />2. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive <br />easement (the "Easement") in favor of Grantee over and across the Easement Parcel solely <br />for: (a) pedestrian ingress and egress from Collins Avenue to the beach lying easterly of the <br />Fasement ParcAI hAtwAA., thA h()lIr~ of 9'00 ~ m and 9'00 pm (eslitem standard time), and <br />-, . ,'(b) the personnel of the police and fire departments and other govemmental authorities having <br />jurisdiction over the Eas~rnent parcel whir~:engaged Intheperrorman~ofthelr offICial duties. <br />Grantee may permit members of the public to also use the Easement Parcel to the same <br />extent as. the Grantee as provided in clause (a)above. . <br />. ' <br /> <br />3. Deslan. Construction and Malntenal1ce.of Easement Parcel a'rid ImDrovements. <br />Grantor and its successors and assigns shall have the eXclusIVe 'right todesigri, build, fUmlsh <br />and. maintain any and all improvem~nts (including but not limited to landscaping, iriigatiOri' and <br />Iighti"g)iocatedwithin the Easement Parcel. The design of and anyandanmaterfals to' be <br />used for any and all Improv~ments within the Easement Parcel shall be presented to the <br />Grantee for its approval prior to construction of such improvements, which approval shall not <br />be unreasonably withheld or delayed. Grantor shall at all times maintain the Easement Parcel <br />(including any and all improvements which may be. constructed thereon from time to time) In <br />good conditi~" and in a s~fe,clean anel. reasonably attnictive manner. In the event that <br />Grantor fails,to maintain the Easement Parcel in the C()ndition described in this Section 3, then <br />the Grantee may give notice of default to the,Grantor, and the Grantor shall have thirty (30) <br />days following the date of receipt of such notice to restore the Easement Parcel, to the required <br />condition, or in the event the restoration cannot be completed within such thirty (30) day <br />period, to commence restoration and diligently pursue same to completion. . In the event that <br />the Grantor fails to...restore or commence restoration and diligently pursue .,samewithtn .such <br />... <br />thirty (30) day period, then the Grantee may restore the Easement Parcel to its required <br />condition and thereafter, the Grantor shall reimburse the Grantee for the reasonable costs of <br />such restoration within thirty (30) days following receipt by the Grantor of a reasonably <br />documented invoice for s.ame. Notwithstanding the foregoing, In the event that any repairs, <br />repiacements or maintenance is required as result of Grantee's misuse or neglect of the <br /> <br />) <br /> <br /> <br />~..- <br /> <br />) <br /> <br />-2- <br />