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<br />other than water service, providing the location of the other utilities are not located in an area <br /> <br />above the water facilities from three (3) feet on one side of the facility to three (3) feet on the <br /> <br />other. <br /> <br />4. First Party covenants and agrees that all instruments of conveyance executed by it <br /> <br />with respect to any parcel or parcels of its property shall contain a legend that such conveyance is <br /> <br />subject to the rights and privileges granted by the Agreement to the CITY, its successors and <br /> <br />aSSIgns. <br /> <br />5. The foregoing provisions contained in this Agreement are hereby declared to be <br /> <br />reservations, conditions, limitations and restrictions running with the above described land and <br /> <br />each and every part and parcel thereof and shall be binding upon all subsequent owners and <br /> <br />purchasers thereof and all grantees named in deeds of conveyance covering any part or parcel of <br /> <br />said land. <br /> <br />6. First Party does fully warrant that it has good title to the above property and that it <br /> <br />has full power and authority to grant this easement. <br /> <br />This Agreement shall be recorded by the CITY on the Public Records of Dade County <br /> <br />with the First Party to pay all costs of recording. <br /> <br />Active Park Eas ~ .W -::!EE <br />April 19,2006 <br /> <br />3 <br /> <br />Initials: <br /> <br />Developer: <br /> <br />City: <br />