19-3097 Sewer Lines Agreement Greater Marketplace & Baer's Furniture

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or owners of the Property pursuant to easement agreements recorded by such prior owner or owners in the Public Records of Seminole County, Florida; and WHEREAS, in connection with GMA's application to the City for the various approvals relating to portion of the shopping center owned by GMA, the City has requested, and GMA and BAER' S have agreed, to confirm that GMA and Baer's, as owners of the GMA-Baer's Sewer Lines, are obligated to maintain and repair such GMA-Baer's Sewer Lines, as and when such maintenance and repairs shall be necessary. 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 hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Owners hereby confirm and agree that Owners are the owners of the GMA-Baer's Sewer Lines, and that as such, Owners shall be responsible for the maintenance and repair of said GMA-Baer's Sewer Lines, with all maintenance and repair to be performed by Owners in a lien - free, good and workmanlike manner and in accordance with all applicable laws and ordinances and in accordance with City standards. 3. In accordance with City Code Section 86-50, at reasonable times and in a reasonable manner, the City and its agents have a right of access over the Property to inspect the GMA-Baer's Sewer Lines to ensure they are being properly maintained. 4. If Owners fail to commence any required maintenance and/or repair of the GMA- Baer's Sewer Lines, or if Owners fail to commence maintenance and/or repair immediately following notice to Owners that the need for same has arisen, or if Owners fail to prosecute such maintenance and/or repair to completion within a reasonable time after having commenced same, then the City shall have and is hereby granted the right to enter the Property and to perform the necessary maintenance and/or repairs for and on behalf of Owners, with all such maintenance and repair to be performed by the City in a lien -free, good and workmanlike manner and in accordance with all applicable laws and ordinances. In such event, Owners shall be required, promptly following receipt of written demand therefor from the City, to reimburse the City for all actual, reasonable, out-of-pocket costs and expenses paid or incurred by the City in performing such maintenance and/or repairs, with the City's aforesaid written demand to be accompanied by an itemization of all such costs and expenses, so paid or incurred, together with copies of any and all paid invoices relating to such maintenance or repairs. If Owners fail to pay the City in full within thirty days of the submission of the invoice, the City will have all legal remedies under Section 86-46, including the right to place a lien on the Property for the amount unpaid, or to terminate water service. 2