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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />non-exclusive drainage easement under (beneath the ground surface) that <br />portion of GRANTOR'S property as depicted in Exhibit "A." <br />3. Rights Reserved. The easement rights granted herein are non-exclusive in <br />nature. GRANTOR reserves unto itself, its successors, assigns, and <br />grantees, the right, in its sole discretion, to use the GRANTOR Property <br />for any purpose not inconsistent with the rights granted herein to <br />GRANTEES. <br />4. Maintenance of Drainage Easement. GRANTEES will maintain the <br />Drainage Easement at their sole cost and expense. The Drainage <br />Easement area shall at all times be maintained in accordance with all <br />applicable laws, codes, ordinances, rules, regulations, governmental <br />orders, instruments, and permits. Upon the failure of the GRANTEES to <br />maintain the Drainage Easement as required herein, GRANTOR will give <br />a written 10 -day notice to GRANTEES of the maintenance and/or repairs <br />that needs to be performed. GRANTEES shall within 10 days allotted by <br />the written 10 -day notice perform all maintenance and/or repairs required. <br />Should the GRANTEES fail to perform the maintenance and/or repairs <br />required within the allotted time period, the GRANTOR may terminate this <br />Drainage Easement Agreement and perform all maintenance and or <br />repairs required and seek reimbursement from the GRANTEES pursuant <br />to Indian River County Code Sections 312.09 and 312.10. <br />a. Permits Required. GRANTEES acknowledge that they will abide <br />with all local permitting requirements and will acquire all required <br />permits associated with work in the right-of-way. GRANTEES <br />acknowledge that there shall be no unpermitted work allowed in the <br />right-of-way and any unpermitted work may result in a code <br />violation. In addition, GRANTEES shall obtain a permit from the <br />Sebastian River Drainage District in order to obtain permission to <br />discharge into the Lateral R -14E Canal. <br />b. GRANTEES shall also restore damage to any adjacent public <br />properties occasioned by their construction, maintenance, or removal <br />of such improvements. <br />c. GRANTEES shall also be responsible for restoring the Drainage <br />Easement area to an acceptable condition to the GRANTOR after <br />any and all installation, maintenance, repair or removal of <br />improvements within the Drainage Easement. <br />d. Grantees are hereby granted the express right to disturb the <br />surface of the Easement Area for the creation and construction of a <br />pipe to be located under the surface of the Easement Area and to <br />maintain, repair, replace, remove, or replace said pipe or pipes. <br />5. Drainage Pipe. GRANTEES and their successors and assigns will be <br />solely responsible for the operation and maintenance of the drainage pipe <br />within the Drainage Easement Area depicted in Exhibit "A." The <br />GRANTOR shall have no responsibility as to the operation and or <br />maintenance of said pipe. <br />2 <br />