‘am CT mn ©) INSTR # 2005192629 “ . 7 “© BK 14977 PG 1821 This ibgtrumeht ‘prepared by and return to: (> Rep 1821 1827; (7pes) yy) d Ly j) 2) CLERK OF COURT ROBERT S. SCHUMAKER, ESQ. (CXB) Roca PD(F.S.201.02) 0.70 Ruden, McClosky, Smith, Schuster & Sf DEPUTY CLERK D LeDuc Russel, PA fo. bx Yo3 150 Second Avenue North, 17” Floor P+ °~ St Petersburg, FL 33733 2 3733 ‘Space above this line for recorders use only EASEMENT AGREEMENT FOR PLATTED COMMON AREAS - PHASE I! THIS EASEMENT AGREEMENT FOR PLATTED COMMON AREAS — PHASE II (this “Agreement’), is made as of the 3° day of May, 2005, by and between THOMAS J. MURPHY, Trustee under that certain Kings Ml Trust Agreement dated as of November 5, 2002 (the “Trustee"), whose address is PO Box 271347, Tampa, Florida 33688, and U.S, HOME CORPORATION, a Delaware corporation ("U.S. Home") whose address is 600 North West Shore Boulevard, Suite 600, Tampa, Florida 33609. WHEREAS, U.S. Home is the owner of all that certain real property (the “Kings Mill Phase | Townhome Parcel’) described in that certain Plat of Kings Mill recorded on March 12, 2004 in Plat Book 0099, Page 0196 of the Public Records of Hillsborough County (the “Phase | Plat’), excluding Tract D as shown on the Phase | Plat. U.S. Home purchased the Kings Mill Phase | Townhome Parcel from Trustee in a series of takedowns, for the construction of single family townhomes; WHEREAS, Trustee is the owner of Tract D as shown on the Phase | Plat (the “Kings Mill Phase Il Townhome Parcel"), located adjacent to the Kings Mill Phase | Townhome Parcel, which Kings Mil Phase Il Townhome Parcel was platted by Trustee pursuant to that certain Plat of Kings Mill Phase I recorded on April 21, 2005 in Plat Book 103, Page 284 of the Public Records of Hillsborough County, Florida (the "Phase Il Plat’); and WHEREAS, Trustee intends to sell all or a portion of the Kings Mill Phase Il Townhome Parcel to U.S. Home, in a series of takedowns (each a “Takedown’), for the construction of single family townhomes; and WHEREAS, the Kings Mill Phase Il Townhome Parcel (together with Kings Mill Phase | Townhome Parcel) will be governed by the Kings Mill Townhome Owner's Association, Inc. (the “Townhome Association’), pursuant to the A\ticles of Incorporation and Bylaws of the Townhome Association, and that certain Declaration of Covenants, Conditions and Restrictions for Kings Mill Townhomes, recorded in O.R. Book 13559, Page 1789 of the Public Records of Hillsborough County, Florida (the "Declaration’, and together with the Articles of Incorporation and the Bylaws, sometimes collectively referred to herein as the "Association Documents’); and WHEREAS, Trustee desires to grant and create certain easements for the benefit of U.S. Home as set forth herein; and NOW THEREFORE, for good and valuable consideration, the parties hereby agree as follows: 1 Recitals, The above recitals are true and correct and are incorporated herein by this reference. susmiov2 Book14977/Page1821 f RECORDED 05/09/2005 12:57:10 PH es2 Grant_and“Reservation “of Easements, Triste hereby grants to U.S. Home, the Townhome Association and their successors and assigns (as if Trustee were Dectarant under the Declaration) al easement rights granted to-Owners-(as defined in the Declaration} under the Declaration, with respect to the common areas (including, without imitation, the right to use the recreational amenities, if any, tility lifes and facilities and all parking areas, streets and roadways) located on those portions of the Kings Mill Phase if Townhome Parcel which are designated as Tracts E, F1, F2, F3, Fa and FS on the Phase Il Plat (the “Platted Common Areas’), for purposes of serving the Kings Mill Phase ll Townhome Parcel, to the extent that U.S. Home (or its successors or assigns) now or hereafter owns any portion thereof. The Townhome Association shall be responsible for maintenance of the Platted Common Areas to the same extent that itis responsible for same with respect to the "Common Areas" as defined in the Declaration. 3 Enforcement. In the event of any violation or threatened violation by a party described herein of any of the terms, covenants and conditions of this Agreement, the other parties described herein shall have the right, but not the obligation, to enjoin such violation or threatened violation in a court of ‘competent jurisdiction in Hillsborough County, Florida, The right of injunction shall be in addition to any and all other remedies under statute, at law or in equity or under this Agreement, including, without limitation, specific performance of this Agreement. 4, Attomey’s Fees. The prevailing party in any litigation involving this Agreement shall be entitied to recover from the non-prevailing party all attomeys' fees, paralegal fees and costs incurred in ‘connection with such litigation, including all costs of appeal or otherwise, including reasonable attorneys’ fees and paralegal fees in the enforcement of this Agreement. 5. Nota Public Dedication. Nothing contained herein shall be deemed to be a gift or dedication of any portion of the Kings Mill Phase II Townhome Parcel to the general public or for general public purposes whatsoever, it being the intention that this Agreement shall be strictly limited to and for the purposes herein expressed 6. _No Third-Party Beneficiaries. The provisions of this Agreement are for the exclusive benefit of U.S. Home, the Townhome Association and their successors and assigns and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person. 7. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid and unenforceable, the remainder of this ‘Agreement and the application of such terms or provision to persons or circumstances other than those a8 to which itis invalid or unenforceable shall not be affected thereby, and each term or provision of this ‘Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 8. Covenants Running With the Land. The provisions, agreements, rights, powers, covenants, conditions and obligations confained in this Agreement shall be binding upon the Trustee, USS. Home, the Townhome Association and all other persons acquiring any interest in any property described herein or any portion thereof, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of their respective heirs, successors (by merger, consolidation or otherwise) and assigns and all other persons ciaiming by, through, or under them. All ofthe provisions of this Agreement shall constitute covenants running with the land pursuant to Florida law. ‘The easements granted are non- exclusive and Trustee hereby reserves the right to grant easements in, upon, over and across the easement areas referenced herein for any lawful purpose provided such easements are not inconsistent with and do not interfere with the rights granted hereunder. 9. __Use of Easement Area. The easements referenced herein shall be used in compliance with the Declaration and all applicable federal, state, and local govemmental statutes, laws, rules, regulations, and ordinances, and each party entitled to use the easements set forth herein shall refrain from exercising any rights or obligations granted to such party hereunder or in any amendment hereto in ‘such a way as to impair or impede the use of any of such easements and/or easement areas described stonio, Book14977/Page1822herein by any other party entitled to the usé of same, or to unreasonably interfere with the development or conduct of business on any portion of the Kings Mill Phase II Townhome Parcel or any other property owned-by- Trustee! (oF-its successors) or-assign's)-located-in the ‘vicinity of the Kings \Mill Phase II ‘Townhome Parcel., The easements teferenced herein.and all rights granted pursuant to-this ‘Agreement shall be exercised at/all times in a reasonable manner and without undue interference with the use and ‘occupancy of the Kings Mill Phase if Townhome Parcél or any other property owned by Trustee (or its ‘successors or assigns) located in the vicinity of the Kings Mil Phase II Townhome Parcel. If the grantee of any easement rights pursuant to this Agreement, or the agents, employees, contractors, customers or invitees of any such grantee disrupts or interferes with the use of the easements and rights granted to any other party or person or entity entitled to use the easements set forth herein (pursuant to this Agreement or otherwise), such grantee shall immediately cease or cause the cessation of the same. If the grantee of any easement rights pursuant to this Agreement, or the agents, employees, contractors, customers or invitees of any such grantee, in the exercise of those rights or the use of the easements referenced herein causes any damage whatsoever to any landscaping, personal property, or improvements on any portion of the Kings Mill Phase Il Townhome Parcel or any other property owned by Trustee (or its Successors of assigns) located in the vicinity of the Kings Mill Phase I Townhome Parcel, then such grantee shall replace or repair (or cause the replacement or repair of) such landscaping, personal Property, or improvements within five (5) days of the date such damage occurred. 10. Indemnification. U.S. Home, the Townhome Association, and any other party entitled to use the easements referenced herein shall exercise their privileges hereunder at their sole risk and shall indemnify and save harmless Trustee from and against all damage, liability, loss, cost or expense including, but not limited to, all attorneys’ fees through all trial and appellate levels (including bankruptcy proceedings) which may be sustained by Trustee as a result of the acts or omissions of any such grantees, and from all damage to the easement areas and the lands adjacent to the easement areas referenced herein and any improvements located thereon resulting from the acts or omissions of such grantees andlor their use thereof pursuant to this Agreement, excluding from such indemnity any damage to same caused solely by, through or under Trustee. 11. Expiration of Agreement. This Agreement shall expire on the earlier to occur of: (i) the date upon which tile to the Platted Common Areas are transferred to U.S. Home: or (i) the date upon Which the Platted Common Areas are tumed over (or title thereto is transferred) to the Townhome Association. 12 Entire Agreement/Modification. This Agreement (together with the Declaration, to the extent set forth herein) constitutes the entire agreement with respect to the subject matter hereof, there being no oral and/or implied agreements not specifically set forth herein. This Agreement may not be modified, amended or terminated without the prior writen approval of Trustee, U.S. Home and the ‘Townhome Association, except as specifically set forth herein. 13. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue with respect to any litigation shall be Hillsborough County, Florida, 14. Notices. Any notice, request, demand, instruction or other communication to be given to any party hereunder shall be in writing and shall either be (i) hand-delivered: (ii) sent by Federal Express or a comparable overnight delivery service; (ii) sent by facsimile transmission, provided that an original copy of the transmission shall be sent by overnight delivery service for receipt to be effective; or (iv) sent by certified mail, return receipt requested, to Trustee at clo Thomas J. Murphy, Trustee, clo Concorde Realty Advisors, Inc., P.O. Box 271347, Tampa, FL 33688, to U.S. Home at 600 North West Shore Boulevard, Suite 600, Tampa, Florida 33609, and to the Townhome Association at clo U.S. Home Corporation, 600 North West ‘Shore Boulevard, Suite 600, Tampa, Florida 33609. Notice shall be deemed to have been given upon posting of such notice. The addressees and addresses for the purpose of this paragraph may be changed by giving written notice. Unless and until such written notice is received, the last addressee and address stated herein shall be deemed to continue in effect for all purposes hereunder. siento Book14977/Page1823