14-2588 Aloma Church Properties, Inc. Re-Plat

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. 7 herein as "Utility Facilities") located within the Easement Area. All construction, repair, alteration and replacement to be completed by Owner, must be pre -approved in writing by the City in its sole discretion to City standards. The Owner shall also, at Owner's cost and expense, restore the Property and Easement Area to the condition which existed prior to any such construction, repair, alteration, replacement or removal activities, including but not limited to, revegetation, resodding, repaving, or removal of debris or dirt caused by or resulting from such activities. Should Owner fail to perform the necessary maintenance after reasonable notice, the City may provide the necessary maintenance to the Utility Facilities and shall have the right to place a lien against the Owner's Property for the cost of such maintenance and for the costs of collection of the City's maintenance expenses, including attorney's fees. City acknowledges and recognizes that it has the ability to serve water and sewer services to the Property. 3. Duration. The term of this Agreement shall be perpetual in duration. 4. Warranty of Title. Owner hereby warrants that: (i) Owner owns the fee simple title to the Property, (ii) has good right and lawful authority to enter into this Agreement, and (iii) the Easement Area is not encumbered by any mortgages or other matters which would prohibit the use of the Easement Area for the purposes contemplated herein. 5. Litigation and Attorneys Fees. In the event it shall be necessary for the either party to bring suit for specific performance or damages or to enforce any provision hereof, the prevailing party in any such litigation and any appeals therefrom shall be entitled to recover from the other party, in addition to any damages or other relief granted as a result of such litigation, all costs or expenses of such litigation and its reasonable attorneys' fees and paralegals' fees as fixed by the Court. 6. Governing Law. The Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 7. Recordation. The original of this Agreement shall be recorded in the Public Records of Seminole County, Florida, at the expense of the Owner. 8. Binding Covenant. The covenant and rights set forth in this Agreement shall run with the title to the lands described in Exhibit "A" and the benefits and burdens hereof shall bind and inure to the benefit of all successors in interest to the parties hereto. IN WITNESS WHEREOF, the parties have caused this Utility Maintenance Agreement to be executed in manner and form sufficient to bind thein as of the date and year first above written. 2