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Prepared by: <br />Catherine D. Reischmann, Esq. <br />111 N. Orange Ave., Ste. 2000 <br />Orlando, FL 32801 <br />Cp�eturn to: <br />City Clerk <br />95 Triplet Lake Drive <br />Casselberry, FL 32707 <br />MARYANNE MORSE, SS1INOLE COUNTY <br />CLERK CK CIRCUIT COURT & COMPTROLLER <br />DK 08229 pgs 1258 — 12631 ¢6ggsl <br />REC1111i1E1? 03/20/2014 8:23:31 AM <br />P CO1ROTNS FEES 52.50 <br />RECORDED Y H DeVare <br />UTILITY MAINTENANCE AGREEMENT <br />THIS UTILITY MAINTENANCE AGREEMENT is made and entered into this <br />16l", day of r l)o pc-" j , 2014, by and between Aloma Church Properties, Inc. whose <br />address is 1815 State Road 436, Winter Park, Florida 32792 ("Owner") and the CITY OF <br />CASSELBERRY, ("City") whose address is 95 Triplet Lake Drive, Casselberry, Florida 32707. <br />WITNESSETH: <br />WHEREAS, Owner is the owner of that certain real property located in Casselberry, <br />Seminole County, Florida, more particularly described as follows: <br />Lot 2 of Aloma Church - A Replat, recorded in Plat Book T8,, Page K of <br />Seminole County, Florida <br />(the "Property"); <br />WHEREAS, Owner has granted to City a nonexclusive public utility easement under the <br />terms of the Plat entitled Aloma Church — Replat, as recorded in Plat Book -VB , Page 1-4 , of <br />the Public Records of Seminole County, Florida (hereinafter referred to as the "Easement Area"); <br />and <br />WHEREAS, Owner has agreed to maintain the Utility Facilities (as defined below) <br />located within the Easement Area and accordance with this Agreement. <br />NOW, THEREFORE, for and in consideration of the mutual covenants and agreements <br />contained herein and other good and valuable consideration, the receipt and sufficiency of which <br />are hereby acknowledged, the parties hereby agree as follows: <br />1. Recitals. The foregoing recitals are true and correct and are incorporated herein <br />by this reference. <br />2. Construction and Maintenance Expenses. Owner shall bear the entire cost and <br />expense of any construction, repair, alteration, replacement or removal activities performed to <br />water lines, waste water line, sewer pipes, meters, power poles and power lines (referred to <br />