18-3063 Septic Tank Abandonment Agreement 1531 E Altamonte Drive

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WHEREAS, J&J's proposal to complete the work is attached as Exhibit "B", in the amount of $7,550.00, and Public Works has reviewed the proposal and finds it to be a very reasonable price and finds the company acceptable, and finds that the City's costs to perform the work would be comparable; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties desire to document this transaction. 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. J&J agrees to execute a contract with Dial Septic Tank Service in accordance with Exhibit "B", to complete the work required in Sections 4 (a) through (c) and Section 6 of the Utility Easement. J&J shall be responsible for obtaining all permits and approvals required in connection with the performance of the work contemplated by this Agreement. Once a Certificate of Completion is issued by the City and an invoice is submitted to J&J and the City by Dial Septic Tank Service, City will reimburse J&J up to $7,550.00. This is the maximum amount the City will pay to J&J, regardless of the amount of the invoice from Dial Septic Tank Service. 3. J&J agrees to execute the Bill of Sale attached to this Agreement as Exhibit "C" once the construction is complete, to convey the infrastructure, lying in the City's Utility Easement, that will be owned and maintained by the City, as described in Exhibit "C." J&J agrees to maintain the infrastructure running from the building to the Utility Easement. 4. City acknowledges that under Section 6 of the Utility Easement, J&J will not be charged any "property assessments, connection fees, tap in fees, capacity reservation fees or similar fees in connection with connecting the Property to the City's sanitary sewer facilities". As provided in that Section, J&J is responsible for sanitary sewer usage fees, and any other fees or charges imposed on users of the City's sanitary sewer system. 5. Future re -development on the Property must meet all then applicable City Codes; for example, J&J agrees to obtain all required permits, to install grease traps where required, etc. 6. J&J acknowledges that the Utility Easement will continue to run with the land after the execution and recording of this Agreement, however Sections 4 and 6 will have no further effect, to the extent they reference any City obligations to J&J. 7. Release. The parties agree that this Agreement fully satisfies all the City's obligations under Sections 4 and 6 of the Utility Easement upon payment of the $7,550.00 by the City. J&J hereby releases the City from any and all claims it may have against the City of Casselberry relating to Sections 4 and 6 of the Utility Easement. 8. Warranty of Title. J&J hereby warrants that it owns the fee simple title to the Property, it has good right and lawful authority to enter into this Agreement, and, to its actual