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

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5. The obligations of Owners as set forth herein shall bind Owners and its successors and assigns. 6. To the fullest extent permitted by law, Owners shall defend, indemnify, and hold harmless the City, its officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including attorney's fees) of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of Owners or its subcontractors (if any), anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those acts or omissions arising out of the sole negligence of the City, in maintaining the GMA-Baer's Sewer Lines. 7. Time is of the Essence. Time is of the essence of the lawful performance of the duties and obligations contained in this Agreement. 8. Duration. The term of this Agreement shall be perpetual in duration. 9. Warranty of Title. Owners hereby warrant that they: (i) own the fee simple title to their respective property, (ii) have good right and lawful authority to enter into this Agreement, and (iii) have not encumbered the Property with any mortgages or other matters which would prohibit the use of the Property for the purposes contemplated herein. 10. 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. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 12. Recordation. The original of this Agreement shall be recorded in the Public Records of Seminole County, Florida, at the expense of Owners. 13. Binding Covenant. The covenant and rights set forth in this Agreement shall run with the title to the Owners' lands described in this Agreement 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 Agreement to be executed in manner and form sufficient to bind them as of the date and year first above written. 3