24-3404 Agreement Concerning Maintenance of Utility Improvements and Temporary Construction at 836 Lake Howell Road

Home Browse Search

6.1. All Utility Improvements located on the Property shall be maintained solely by Owner at Owner's expense. City will not thereafter be responsible for the maintenance, operation, replacement, or repair of such Utility Improvements or any other equipment needed to effectively perform the function of the Utility Improvements on the Property. 6.2. Owner will be solely responsible for ensuring that the Utility Improvements on the Property comply with all applicable governmental agency's laws, rules and regulations. Further, Owner will hold City harmless from, and against, all claims, damages, costs and expenses, including reasonable attorneys' fees, arising out of a breach of this obligation, or arising out of the malfunctioning of the Utility Improvements on the Property. 7. This Agreement will be governed by and construed in accordance with the laws of the State of Florida, and the proper venue for any action under this Agreement shall be the courts of Seminole County, Florida. If any legal action or other proceeding is brought (including, without limitation, appeals or bankruptcy proceedings) whether at law or in equity, which arises out of, concerns, or relates to this Agreement, any and all transactions contemplated hereunder, the performance hereof, or the relationship created hereby; or is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement; the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses, even if not taxable as court costs, incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 9. Each of the parties hereto shall execute and deliver any and all additional papers, documents, and other assurances, and shall do any and all acts and things reasonably necessary in connection with the performance of the obligations hereunder and to carry out the intent of the parties hereto. 10. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and may only be modified, amended or terminated by a writing signed by both parties hereto. [signature pages to follow]