EASEMENT AND RIGHT OF ACCESS. BOARD hereby grants and gives the CITY the exclusive right or privilege to construct, own, maintain, and operate the water and wastewater facilities in, under, over and across the present and future streets, roads, easements, reserved utility sites and public places on the Property as provided and dedicated to public use in the record plats, or as provided for in agreements, dedications or grants made otherwise and independent of said record plats. BOARD hereby further agrees that the foregoing grants include the necessary right of ingress and egress to any part of the Property; that the foregoing grants shall be perpetual. The CITY covenants that it will use due diligence in ascertaining all easement locations; however, should the CITY install any of its facilities outside a dedicated easement area, BOARD, the successors and assigns of BOARD, covenant and agree that the CITY will not be required to move or relocate any facilities lying outside a dedicated easement area so long as the facilities do not interfere with the then or proposed use of the area in which the facilities have been installed. The CITY hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the wastewater industry with respect to the installation of all its water and wastewater facilities in any of the easement areas; and the BOARD in granting easement herein, or pursuant to the terms of this instrument, shall have the right to grant exclusive or non-exclusive rights, privileges and easement to other entities to provide to the Property any utility services other than water and wastewater service. The route of the lines from the BOARD's Property to the CITY's Facilities shall be as determined by the CITY, and the BOARD shall obtain, at its own expense, upon direction by the CITY, any and all easements necessary which easements shall be in favor of the CITY. The BOARD agrees to dedicate to the CITY an easement, as to be determined by the CITY, so as to allow the CITY to enter the Property and make such alterations, repairs, or other work, as CITY shall deem necessary to achieve efficient service in the sewer system. Any easement shall be dedicated to the CITY and recorded in the Public Records of Brevard County, Florida within ten days of the signing of this Agreement, at BOARD's expense.
