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a. Grantor does hereby grant and convey to the Grantee and the general public a non-exclusive
<br />easement over, across, and through the Grantor's Property described in Exhibit B, which
<br />is attached hereto and made a part hereof by reference (the "Easement Area") for the
<br />purposes of constructing a bus passenger shelter ("Improvements"), with the right to construct,
<br />improve, add to, enlarge, and change the Improvements within the Easement Area, along with
<br />the right of ingress and egress for the purpose of maintaining the Improvements.
<br />b. From and after the date of recordation of this Agreement, only the Easement Area shall be
<br />subject to, and burdened and encumbered by, the terms and provisions of this Agreement.
<br />c. Nothing in this Agreement shall be deemed or construed to create any rights in favor of
<br />any persons or entities not a party to this Agreement.
<br />d. The Easement Area shall be fully accessible to the public on a 24- hour basis.
<br />3. Maintenance, Repair and Replacement. Grantee shall, at Grantee's sole cost and
<br />expense, install, construct, maintain, repair and replace all Improvements on the Easement Area
<br />in a neat, clean, safe, lien -free and good and workmanlike condition. In the event that Grantee
<br />installs, constructs, maintains, repairs or replaces any of the Improvements, Grantee shall be
<br />obligated to restore the surface condition of the Easement Area and Grantor's Property and
<br />improvements thereon existing prior to such construction, installation, maintenance, repair
<br />and/or replacement. Grantee shall exercise its rights hereunder in a manner that minimizes any
<br />interference with Grantor's use and enjoyment of its property.
<br />4. Reservation of Rights of Ownership in and to Land Underlying Easements. Grantor hereby
<br />reserves all rights of ownership in and to the property underlying the Easement Area which are not
<br />inconsistent with this Agreement, including, without limitation the right to grant further non-
<br />exclusive easements on, over, under and/or across the Easement Area (i.e., utility and/or access
<br />easements).
<br />5. Covenant Running with the Land. This Agreement on the part of the Grantor shall
<br />constitute a covenant running with the land and shall be recorded in the Public Records of Miami -
<br />Dade County, Florida and shall remain in full force and effect and be binding upon Grantor, and
<br />its heirs, successors and assigns (including, without limitation, any condominium associations
<br />or operator of the Grantor's Property) until such time as the same is modified or released at a
<br />public hearing before the City Commission. These covenants, during their lifetime, shall be for the
<br />benefit of, and limitation upon, all present and future owners of the Grantor's Property.
<br />However, nothing contained in this Agreement shall create a public dedication of all or any portion
<br />of the Grantor's Property.
<br />6. Term. This Agreement is to run with the land and shall be binding on all parties and all
<br />persons claiming under it for a period of thirty (3 0) years from the date this Agreement is recorded,
<br />after which time it shall be extended automatically for successive periods of ten (10) years each
<br />unless the Agreement has first been modified or released by the City Commission in the
<br />manner set forth in this Agreement.
<br />7. Modification, Amendment, Release. The easements granted and covenants made in this
<br />Agreement shall not be changed, altered or amended except by instrument in writing executed
<br />by the Grantor or a majority of the then owners and the Grantee and their respective successors and
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