21-3276 - Utility Agreement - Timothy D Eggers - 2806 Lake Howell Ln

Home Browse Search

assume responsibility for construction or installation or maintenance of OWNER's utility facilities and shall in no way be deemed to waive any rights available to CITY for defaults on the part of OWNER, or to consent to any defects, omissions or failures in the design, construction and installation of OWNER's utility facilities. 14. RELOCATION OF UTILITY FACILITIES. Any relocation of utility facilities, if approved by the CITY, required for OWNER's convenience or necessity shall be accomplished at OWNER's sole expense provided such relocation can be accomplished without adverse impact on any other part of the facilities, to other consumers, or to the CITY's systems. 15. NOTICES. (a) Any payment or notice required or permitted hereunder shall be in writing and be deemed properly made (a) when hand delivered to the official hereinafter designated, or (b) upon actual receipt when deposited in the United States mail, postage prepaid, addressed as set forth herein, or at such other address as shall have been specified by written notice to the other party delivered in accordance herewith: CITY: Utility Manager, City of Casselberry Utility Department 95 Triplet Lake Drive Casselberry, FL 32707 OWNER: Timothy D. Eggers 885 Copperfield Terrace Casselberry, FL 32707 (b) Each party shall by written notice, notify the other of any change in address to which subsequent notices or other communication shall be sent. 16. COSTS AND ATTORNEY'S FEES. In the event CITY or OWNER brings an action to enforce this Agreement by court proceeding or otherwise, then the prevailing party shall be entitled to recover from the other party all costs incurred, together with reasonable attorneys' fees at all levels, including appeals. 17. ASSIGNMENT. OWNER agrees not to assign or transfer all or any portion of this Agreement. 18. BINDING EFFECTS. This Agreement shall inure to the benefit of and be binding upon the heirs, successors, personal representatives and assigns of the parties hereto and shall constitute a covenant running with the Property. The terms OWNER, owner, consumer and customer are used interchangeably, and, notwithstanding changes in ownership or use of the Property, this Agreement shall burden the Property perpetually. 19. FORCE MAJEURE. CITY's obligations hereunder shall be subject to the concept of force majeure. Accordingly, in the event of Acts of God, riot, weather disturbances, permitting, war, terrorism, civil disobedience, geologic subsidence, electrical failure, 4