18-3063 Septic Tank Abandonment Agreement 1531 E Altamonte Drive

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knowledge without further inquiry, the Property is not encumbered by any mortgages or other matters that prohibit the use of the Property for the purposes contemplated. 9. Governing This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 10. Recordation. The original of this Agreement shall be recorded in the Public Records of Seminole County, Florida, at the expense of the City. 11. Binding Covenant. The covenants and rights set forth in this Agreement shall run with the title to the Property 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. 12. Notice. All notices authorized and required hereunder shall be in writing and shall be given by mailing the same by nationally recognized overnight courier service or by certified mail, return receipt requested, postage prepaid, and any such notice shall be deemed to have been given when received by the party to whom such notice is addressed as follows: Owner: J & J Investment Holdings Corp. Attn: M t Kit, u 3965 S Saint Johns Parkway Sanford, FL 32771 City: City of Casselberry Attn: City Manager 95 Triplet Lake Drive Casselberry, FL 32707 13. Attorneys' Fees. Any owner of the Property may enforce this Agreement by appropriate action. In any litigation arising out of this Agreement, the prevailing party shall recover as part of its costs, reasonable attorneys' fees and court costs incurred therein, including any attorneys' fees or expenses incurred in appellate or bankruptcy proceedings. 14. Public Not a Beneficiary. Nothing in this Agreement shall be construed to dedicate any property or any interest or estate therein to or for public purposes nor shall any provision hereunder be construed to create any right in or for the benefit of the general public. The Utility Easement and the Facilities constructed thereon shall be for the benefit of, and be restricted solely to, the owner or owners from time to time of all or any portion of the Property, and the operation and maintenance of such lift station by the City is not intended, and shall not be construed, to create any rights in and for the benefit of the general public. 15. Counterparts. This Agreement may be executed in one or more counterparts. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date and year first above written. Vh.