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Easement over the property described in Exhibit " A : . The alternate route may be utilized by <br /> the <br /> County for the construction of the utilities . <br /> 2 . At this time , the property subject to the Amended Agreement for the Temporary Utility <br /> Easement described in Exhibit "A " is not developed . When , in the future , Grand Harbor develops their <br /> property and the planned improvements conflict , in any way , with the utilities lying in the Temporary <br /> Utility Easement, the County agrees to immediately move the utilities at the County ' s expense to <br /> a <br /> new utility easement , The planned improvements discussed above shall include , but not be limited to , <br /> any and all category of improvement , set back, cicarance distance and requirement that becomes <br /> necessary by virtue of the temporary utility location , The parties agree that the provisions of <br /> this <br /> paragraph apply only to the land described in Exhibit "A " and not to the property described in <br /> the <br /> Agreement for Utility Easement dated December 4 , 2007 . <br /> 3 . Upon notice by the Developer to the County to move the pipeline , Grand Harbor shall grant a <br /> new easement that , in its sole discretion , satisfies the requirements for its intended use . At such time <br /> the County will abandon the Temporary Utility Easement granted herein as Exhibit " A " . <br /> 4 , Upon ten ( 10 ) days notice the County will move the pipeline within ninety (90 ) clays . Should <br /> the County fail to move the pipeline, Developer will have the right to move the pipeline <br /> at the <br /> County ' s expense and shall not be responsible for any disruption to the County ' s brine osmosis system . <br /> In addition , any cost incurred by the Developer from the delay to its development shall be borne by the <br /> County . <br /> 5 . Should the "Temporary Utility Easement described in Exhibit " A " not conflict with the <br /> Developers plan in any way , then the Developer will grant the County a permanent casement <br /> as <br /> described in Exhibit "A " . <br /> 6 . Upon the submission of a development plan for the property owned by the Developer, <br /> the <br /> County will not impose any condition that could be construed to protect the location of the Temporary <br /> Utility Easement described in Exhibit " A" or cause an additional condition to be imposed to avoid <br /> moving tilt pipeline described herein . <br /> 7 . Aside from the change in the location and the legal description of the easement , all the <br />terms <br /> and conditions of the Agreement for the Utility Easement dated December 4 , 2007 remain in full force <br /> and effect . <br /> 8 . This easement shall run with the land and be binding upon Grand Harbor , the County find their <br /> heirs , successors and assigns , and remain in full force and effect , enforceable by the County and Grand <br /> Harbor either by injunction or proceeding in equity or at law, subject to the conditions <br />contained <br /> herein . The easement may be released by the County or Grand Harbor to the owners of the Property . <br /> The easement shall be recorded and indexed in the same manner as any other instrument affecting the <br /> title to real property . <br />