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1 . Recitals. The above recitals are true and correct and are incorporated herein by <br /> this reference . <br /> 2 . Association ' s Renresentations and Warranties. Association hereby represents <br /> and warrants to County as follows . <br /> 2 . 1 Association' s Existence. Association is a condominium association in <br /> good standing and authorized to transact business in Florida, and has full power and authority to <br /> comply with the terms of this Agreement. <br /> 2 . 2 Authorijy . The execution and delivery of this Agreement by Association <br /> are within Association ' s capacity, and all requisite action has been taken to make this Agreement l <br /> valid and binding on Association in accordance with its terms. <br /> 3 . County ' s Representations and Warranties. County hereby represents and <br /> warrants to Association as follows : <br /> 3 . 1 County ' s Existence . County is a political subdivision within the State of <br /> Florida in good standing and has fully power and authority to comply with the terms of this <br /> Agreement. <br /> 3 .2 Authori1y . The execution and delivery of this Agreement by County are <br /> within County ' s capacity, and all requisite action has been taken to make this Agreement valid <br /> and binding on County in accordance with its terms . <br /> 4 . Grant of Easement. <br /> 4 . 1 Association hereby grants, gives and conveys to County a perpetual non= <br /> exclusive appurtenant easement (the "Easement") over, under and across the Easement Area(s), <br /> for the purposes of providing stormwater drainage, treatment and detention over, under, and <br /> through the County Property. As used in this Agreement, any conveyance of all or any part of <br /> the Association Property containing any portion of the Easement Area shall include, and by this <br /> Agreement is deemed to include, the Easement as an appurtenance for the benefit of the County <br /> Property, and its respective owner(s) and Authorized Users . Association shall not do or permit <br /> any act or acts within the Easement Area that will unreasonably interfere with County and its <br /> Authorized Users use of the Easement for its intended purpose . <br /> 4 . 2 Association reserves unto itself the right and privilege to use and occupy <br /> and to grant to others the right to use and occupy the surface and sub-surface of, and the airspace <br /> over, the Easement Area, for such uses and purposes which (i) shall not be inconsistent with the <br /> easement described in this instrument, and (ii) shall not prevent, hinder, or impede County' s use <br /> of the Easement Area. Such uses and purposes shall include, but shall not be limited to, the right <br /> to landscape, and to place personal property in, the Easement Area, including, but not limited to, <br /> sprinkler systems and other equipment. <br /> WPB:334639 : 1 <br /> 18 <br /> I <br />