Easement Agreement

NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT

THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO:

(phone)

For Recording Purposes Only

NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT

THIS NON-EXCLUSIVE TEMPORARY EASEMENT AGREEMENT is made and entered into this day of 20 , by and between , whose address is , , FL (hereinafter referred to as the “Grantor”), and the CITY OF , a Florida municipal corporation, whose address is , , FL (hereinafter referred to as the “Grantee”).

W I T N E S S E T H:

WHEREAS, Grantor is the owner of that certain real property located in County, Florida, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the “Easement Property”); and

WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey to Grantee, a non-exclusive temporary easement over, upon and across the Easement Property for the specific and limited purposes hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

Section 1. The above recitals are true and correct, form a material part of this Agreement and are incorporated herein by reference.

Section 2. Grantor hereby gives, grants, bargains, sells, and coveys to Grantee a non-exclusive temporary easement over, upon and across the Easement Property for the purposes hereinafter stated (the “Easement”), all subject to the terms, conditions, and limitations set forth herein.

Section 3. Grantor hereby warrants and guarantees to Grantee that Grantor has fee title to the Easement Property, subject to easements, reservations, restrictions, and rights-of-way of record, if any, and the Grantor has full power and authority to grant this Easement as to the Easement Property.

Section 4. Grantee’s use of the Easement Property shall be for the purpose of Grantee, through itself, its agents, contractors, consultants and employees: (a) performing such activities on the Easement Property as Grantee may deem reasonably necessary in connection with the design, engineering, and construction of improvements to a certain roadway known which is located adjacent to and in the vicinity of the Easement Property, and (b) tying in and harmonizing the Easement Property and the driveways, walkways, and other improvements thereon with the construction of . Notwithstanding the foregoing, this Easement is granted upon the condition that the sloping and/or grading upon the Easement Property shall not extend beyond the Easement Property and that all grading or sloping shall conform to all existing structural improvements within the Easement Property and all work will be performed in such a manner that existing structural improvements will not be damaged.

Section 5. This Easement is non-exclusive, and Grantor reserves to itself, its successors and assigns, the non-exclusive right to use, pass and repass over and upon the Easement Property. Each party shall use the rights granted and reserved by this Easement Agreement with due regard to the rights of the other party to use and enjoy the Easement Property.

Section 6. The Easement shall terminate .

Section 7. Grantee shall, at its sole cost and expense, restore any improvements on the Easement Property that are damaged by Grantee incident to its construction of the Project to a condition which approximates as closely as is reasonably practicable the condition of said improvements prior to being damaged by Grantee.

Section 8. To the extent permitted by law, the Grantee agrees to indemnify and hold harmless the Grantor from and against any and all claims, actions, causes of action, loss, damage, injury, liability, cost or expense, including without limitation attorneys’ fees (whether incurred before, during or after trial, or upon any appellate level), arising from the Grantee’s use of the Easement Property or from the exercise by the Grantee of any rights granted by this Easement Agreement.

Section 9. To the extent that any rules, regulations or ordinances of the Grantee or any previously existing development approvals or any agreement between the Grantor (or its predecessors in interest) and the Grantee require that certain improvements, including but not limited to walls, signage, landscaping, irrigation and berming, be constructed or installed within all or any portion of the Easement Property, the Grantor agrees that it shall not construct or install any such improvements within the Easement Property until the earlier of (i) the date of termination of this Easement Agreement, or (ii) the written approval by the Grantee of a specific improvement within the Easement Property. The aforementioned restrictions may be waived by Grantee in whole or in part, at the Grantee’s option. The Grantor may from time-to-time request the approval of Grantee to construct or install certain improvements within the Easement Property and Grantee covenants and agrees to grant such approval unless the Grantee makes a good faith determination that such improvement will interfere with the exercise by Grantee of its rights and privileges under the terms of this Easement Agreement. Grantee covenants and agrees that it will not defer or delay the issuance to Grantor of any building permits, certificates of completion or certificates of occupancy because of the inability of the Grantor to complete improvements within the Easement Property due to the restrictions imposed by this Easement Agreement; provided, however, that the Grantor shall, at Grantor’s sole cost and expense, promptly complete any such deferred or delayed improvements upon the termination of this Easement Agreement or the waiver of such restriction by the Grantee. Nothing contained in this Section shall be construed to release or discharge the Grantor from any of its obligations and responsibilities with respect to improvements to be constructed or installed within the Easement Property. This Section is intended only to affect the timing of the Grantor’s compliance with any such obligations and responsibilities.

Section 10. The Easement shall be binding upon and inure to the benefit of the parties specified herein, their respective legal representatives, successors and assigns, and the benefits and burdens hereof shall run with the Easement Property.

Section 11. This Easement Agreement may be modified or amended only upon the mutual written consent of Grantee and Grantor, or their respective legal representatives, successors and assigns.

IN WITNESS WHEREOF, the parties hereto have subscribed their names and have caused this Easement Agreement to be executed as of the day and year first above written.

STATE OF FLORIDA

COUNTY OF

The foregoing instrument was acknowledged before me this day of 20 , by . He is personally known to me or has produced as identification.

WITNESS my hand and official seal in the County and State aforesaid this day of 20 .

CITY COMMISSION AT A MEETING HELD ON , 20 UNDER AGENDA ITEM NO. .

STATE OF FLORIDA

COUNTY OF

The foregoing instrument was acknowledged before me this day of 20 , by , as Mayor of the City of . He is personally known to me or has produced as identification.

WITNESS my hand and official seal in the County and State aforesaid this day of 20 .

Notary Public

Print Name

My Commission Expires: