21-3243 - Approving Purchase Agreement - 700 South Lost Lake Lane

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SITE ACCESS AGREEMENT 441 This Site Access Agreement ("Agreement") is made and entered into this e�2 day o _, 2021, by and between Lilian Carroll, as Personal Representative of the Es to f John. Casselberry("Owner") andCity of Casselberry, Florida, and its agents, emplo es, contractors, and subcontractors (being hereinafter collectively referred to as "City"). WITNESSETH: WHEREAS, Owner owns certain property located at 700 S. Lost Lake Lane, Casselberry, FL 32707, and more particularly described in Exhibit "A" attached hereto (the "Site"); WHEREAS, CITY desires to conduct certain due diligence on the Site to evaluate the viability of the Site for future uses; WHEREAS, Owner has agreed to provide CITY access to the Site for the purpose of conducting due diligence as more specifically described in Exhibit "B", pursuant to the terms and conditions more particularly set forth herein; NOW, THEREFORE, in consideration of the recitals set forth above and good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner and CITY hereby agree as follows: 1. Grant of Access. Subject to the provisions of this Agreement, Owner hereby grants CITY reasonable access to the Site for the completion of the work set forth on Exhibit "B" (the "Work"). In connection with conduct of the Work, Owner hereby agrees that CITY may bring onto the Property such equipment or machinery as may be �, ad , $- ►� _ cO% ® reasonably necessary to complete the Work. �• f, C! ✓y o9 , ,, ft,,- S L , 11 /e d' ( , "y,- iqA- RQ ` J ment for the Work/No Liens (Ch. 713.10, Fla. Stat. The Work shall be performed at CITY's sole cost and expense, and CITY shall make no charge against ®' Owner for the work it performs on or about the Site. Owner's interest in the Property shall not be subject to liens for improvements made or work done on the Site, and neither CITY nor its contractors or subcontractors shall have the power or authority to create any lien or permit any lien to attach to the Site for any cause or reason whatsoever. All materialmen, contractors, artisans, mechanics and laborers and other persons contracting with CITY with respect to the Site or any part thereof, are hereby charged with notice that such liens are expressly prohibited and they must look solely to CITY to secure payment for any work done or material furnished for improvements by or for any other purpose during the term of this agreement. CITY shall indemnify Owner against any loss or expenses whatsoever including, without limitation, damages as well as costs and attorneys' fees, incurred as a result of the assertion of any such lien, and CITY covenants and agrees to transfer any claimed or asserted lien to a bond or such other security as may be permitted by law and reasonably acceptable to Owner within ten (10) business days of the assertion of any. such lien or claim of lien. CITY shall advise all persons furnishing designs, labor, or services of any kind whatsoever to the