17-2937 Right of Way Permit Agmnt btwn Casselberry and Keith McWilliams - 395 Orange Lane

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determines, in its sole discretion, that the Improvement(s) do present a safety hazard, then Owner, at its sole expense and at no cost to City, shall relocate the Improvements in such a manner as to eliminate the hazard, to the satisfaction of City. (b) The Improvements may not be extended or modified without the prior written approval of the City. If substantial changes are proposed by the Owner to the Improvements, they must be resubmitted to the City staff. If the Staff determines that the amended Improvements Plans do not meet the requirements of this Agreement, the Staff shall so notify Owner, and Owner shall amend the Project plans and resubmit them to Staff. 4. MAINTENANCE. The Owner shall be responsible for the maintenance of all Improvements within the Dedicated Areas. 5. REMOVAL/ RELOCATION. If, in the sole opinion of City, the Improvement(s) interferes with any construction, reconstruction, alteration, improvement(s), or maintenance which City desires to perform on, around, or under the Dedicated Areas, or if City requests removal for any reason, then Owner, upon receipt of a written notice from City, shall remove or relocate the Improvement(s) as requested by City, and to City's satisfaction, within thirty (30) days of receipt of said notice, or within thirty (30) days of the first date of publication of legal notice, which publication shall appear in not less than two weekly issues of a newspaper of general circulation in Seminole County, Florida. Any such relocation or removal of the Improvement(s) shall be at the sole expense of Owner. After removal of the Improvements, Owner will restore the right of way. 6. INDEMNIFICATION. To the fullest extent permitted by law, Owner shall defend, indemnify, and hold harmless the City from and against all claims, damages, losses, and expenses, Use Agreement 2017 395 Orange Lane — Keith McWilliams Page 3 of 12