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by Grantor adjacent to and/or in the general vicinity of the Easement Area pursuant to St Johns River
<br />VVotar Management District Pmmnd Numbmr4-081-8O717-5 (the "Permit"). Grantor shall have the right to
<br />connect the ditches, |mhea and other water conveyance systems and/or retention mnmaa and the pipes,
<br />oqu[pnnmn\ and other facilities constructed and luptaUad by Grantee pursuant to paragraph 3(i) above
<br />(collectively, the "Grantee Feni|ities') to the Grantor Facilities to achieve positive legal outfall subject to
<br />the following conditions and limitations:
<br />ka\ All Grantee Facilities (and all construction, in$teUation, mainbenanoo,
<br />opensUon, repair or replacements of the same) must comply with all ahatutes, rw|es, regulations,,
<br />ordinancem.codemendpormitn(ino|uding,vvithoutUmitaUnn,thmPemnit);ond
<br />(b) Grantee shall be responsible, at its sole cost and expense, for cleaning,
<br />maintaining and repairing any of the Grantor Facilities used, impacted and/or connected to by the
<br />Grantee Facilities.
<br />4. Grantee hereby acknowledges and e8nnex that this Easement and the rights granted to
<br />Grantee herein:
<br />(i) are non'exdooive. Grantor hereby nemorvao all rights of ownership in and to the
<br />Easement Area, including, without limitation, the right to use and enjoy the Easement Area for all its own
<br />use, benefit and enjoyment, and to grant further easements in, on, under, over, through and/or across the
<br />Easement Area to other third peraon, provided such use, bonsfit, enjoyment and/or further easements
<br />granted by Grantor are not wholly inconsistent with the uses permitted herein nor interfere with the rights
<br />granted herein toGrantee.
<br />(i i) are temporary. This Easement and the rights granted toGrantee herein shall
<br />automatically terminate upon the recordation, of one or more permanent drainage easements and/or plats
<br />that include a permanent water management system that, individually or cnUecNve|y, provides for the
<br />aomo Drainage Capacity provided for in paragraph 3(i) above (the "Triggering Event"), Notwithstanding
<br />such automatic termination, hovvevmr. Grantee hereby covenants and agrees to execute and deliver to
<br />Grenbur, promptly upon request after the occurrence of the Triggering Event, a termination of this
<br />Easement, in recordable form, terminating this Easement and the rights granted to Grantee herein.
<br />Neither the existence of this Easement, nor Grantee's delay in executing or refusal to execute m
<br />termination of this Easement, shall delay Grantee's approval or Grantor's recording of any permanent
<br />drainage easement and/or plat contemplated herein.
<br />(iii) do not include any right to the use, benefit or enjoyment of any fill generated from
<br />the Easement Area by Grantee's comstruc§on, innbaUation, mointenamne, npera§on, repair or
<br />replacements nfany ditches, lakes, water conveyance systems and/or retention nnaaa, pipeu, equipment
<br />and/or other facilities with under this Easement; Grantor hereby expressly reserving the axo|ua|vm use,
<br />benefit and enjoyment ofall such 0| unto itself. Grantee shall p|moo all fill generated from it exercising
<br />any rights under this Easement a\mdesignated area onother property owned byGrantor adjacent tothe
<br />Easement Area.
<br />(iv) does not give Grantee any right b) use any property owned byGrantee adjacent
<br />to the Easement Area; Grantee hereby expressly acknowledging and mgnmoin8 that the rights granted
<br />herein are exclusive limited tothe Easement Area.
<br />5. Grantee shall keep the Easement Area free and clear of and from all claims, |ienm,
<br />rheryaa, judgmgnt$, liabilities and other encumbrances for |obor, aemiueu, mupp|ies, materials and/or
<br />equipment performed, purchased orprocured, directly nrindirectly, by, through nrunder Grantee (any
<br />such claim, lien, charge, judgment, liability or other encumbrance is referred to herein as a "Claim"). If
<br />any Claim is filed against the Easement Area (and/or any other real property owned byGrantor adjacent
<br />thereto) in connection with any |ubur, oervioms, supplies, materials and/or equipment performed,
<br />purchased or proou/gd, directly or imdiroct|y, by, through or under Grantee at any time while this
<br />Easement is or was in effect (regardless of when any such Claim is filed against the Easement Area),
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