Reso 2016-2620 - Laserfiche WebLink

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2. Easement Parcel. The legal description of the Easement Parcel is attached to and made apart of this Agreement as Exhibit "A", to correctly note the section of Grantor's property that is encumbered by the Easement Agreement. From and after the date of this Agreement, only the Easement Parcel shall be subject to, and burdened and encumbered by, the terms and provisions of this Agreement forever and in perpetuity. 3. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement in favor of the Grantee over, across, under and through the Easement Parcel solely for the construction of the Emergency Bridge Project. 4. Maintenance of Easement Parcel. Grantee shall be responsible for maintaining the Easement Parcel (including any and all improvements which may be constructed thereon from time to time) after the project is complete. a. Grantee shall use its best effort to minimize any excessive noise or dust that is generated from construction activates performed on the Easement Parcel. To the extent possible, the Grantee shall remedy any noise or dust complaints filed by the Grantor. b. Grantee shall take all necessary measures to prevent rodent and vermin infestation during the construction activates. To the extent possible, the Grantee shall remedy any complaints filed by the Grantor regarding rodent and vermin infestation. 5. Compliance with Laws. The beneficiaries of the Easement shall at all times observe in the use of the Easement Parcel all applicable municipal, county, state and federal laws, ordinances, codes, statutes, rules and regulations. 6. Reservation. Grantor hereby reserves all rights of ownership in and to the Easement Parcel which are not inconsistent with the Easement, including limitation: (a) the right to grant further non-exclusive easements on, over/or across the Easement Parcel, (i.e. utility easement), (b) the right to use the Easement Parcel for all uses not interfering or inconsistent with the uses permitted herein. 7. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes, Grantee hereby agrees, and all parties by virtue of their use of the Easement shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantor(and all of its members, officers, directors, employees, successors and assigns) from and against any and all damages, claims, costs or expensed whatsoever (including all reasonable attorneys' fees and costs whether suit be brought or any appeals be taken there from)arising from, growing out of or connecting in any way with any improper use of the Easement. The Grantor hereby agrees, and all parties by virtue of their of use of the Easement shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantee (and all of its members, officers, directors, employee, successors and assigns) from and against any and all liabilities, damages, claims, costs or expensed whatsoever (including all reasonable attorneys' fees and costs whether Page 2 of 4