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their successors and assigns, over and across the Right-of-way
described on the attached Exhibit "C", hereinafter referred to
as the "EASEMENT PROPERTY". Said Easement shall be for the
purpose of ingress and egress for the GRANTORS and GRANTEE and '
both their successors and assigns and lessees, licensees and '
invitees. It is further understood that said Easement may be
used by THE COPPOLA COMPANY, a partnership and its successors
and assigns pursuant to the Agreement for. Easement dated
September 27, 1977, and rec:~rded in Official Records Book 309,
pages 1060 through 1062, of the Public Records of St. Lucie
County, Florida.
2) PAVING AND MAINTENANCE: If and when GRANTEE elects
to pave the Easement area or portion thereof, GRANTEE shall pay
and take full responsibility for the full cost of design, safety,
and installation, including paving and drainage and shall pay the
cost of maintenance until such time as GRANTORS commence use of
the EASEMENT PROPERTY. Once such-use has commenced, GRANTORS
shall share all maintenance expenses with the GRANTEE on an equal
basis. GRANTEES shall indemnify GRANTORS for any claim or loss
~ occasioned by GRANTEE'S failure to perform any or all of the
GRANTEE'S obligations in this Paragraph. Said obligations of
~ GRANTEES shall be binding on its successors and assigns.
F
3) SURVIVAL OF NOVEMBER 16, 1970 AGREEMENT: This
Agreement is intended to complete and replace Paragraphs 3 and 4
of the above referenced Agreement; however, nothing herein shall
modify or abrogate any other provision of said Agreement. }
4) BINDING: This Agreement shall be binding on the
parties herein and their respective heirs or assigns and shall
run with the land.
IN WITNESS WHEREOF, the parties hereto have hereunto
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set their hands and seals the-day and year first above written.
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