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<br />4. Location. The Easement is located on the Easement <br />Area more particularly described on Exhibit "B". <br /> <br />5. Reservation of Rights. Owner hereby reserves unto <br />itself and its successors and assigns, and for the benefit of <br />Owner's Property, all right to use, occupy and utilize the Ease- <br />ment Area for all uses and purposes not inconsistent with the <br />uses for which the Easement is herein granted, and specifically <br />reserving, without limiting the generality of the foregoing, the <br />right to construct, reconstruct, maintain, repair, renew and <br />replace the pilings, skirtings, and other improvements (collec- <br />tively, the "Improvements") described on Exhibit "C" which is <br />attached hereto and incorporated herein by this reference in, on, <br />over and across the Easement Area and the surface and subsurface <br />of any water stored, standing or moving thereon in the locations <br />described on Exhibit "0" which is attached hereto and incorpo- <br />rated herein by this reference, and the right to construct, <br />reconstruct, maintain, repair, renew and replace all other build- <br />ings, structures, facilities or improvements in, on, over and <br />across the Easement Area and the surface and subsurface of any <br />water stored, standing or moving thereon in accordance with the <br />terms of any building permit issued by City. <br /> <br />6. Attorneys' Fees. In the event of any controversy, <br />claim or dispute relating to this Easement or the breach thereof, <br />the prevailing parties shall be entitled to recover from the <br />losing party reasonable expenses, attorneys' fees and costs. <br /> <br />7. Binding Effect. This instrument shall bind and <br />inure to the benefit of the respective heirs, personal represen- <br />tatives, successors, and assigns of Owner and City. Further, by <br />recording this instrument, City shall be deemed to have accepted <br />this grant of Easement and be bound by all of its terms. <br /> <br />8. Entire Agreement. This instrument sets forth all <br />of the rights, reservations and obligations of Owner and City <br />relating to the Easement Area and supersedes all prior instru- <br />ments, documents and agreements between Owner and City respecting <br />the Easement Area, including that certain Revocable Permit issued <br /> <br />-2- <br />