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NOW THEREFORE, in consideration of the premises, and other valuable <br />consideration, the parties hereto agree as follows: <br />1. The "whereas" clauses set forth above are true and accurate and are <br />hereby incorporated herein. <br />2. The City agrees to permit the shed's encroachment only to the extent <br />shown on Exhibit "A", contingent on satisfaction of all conditions in this Agreement. <br />3. The City and other public utilities shall not be restricted in any manner <br />from the utilization of the Easement Area, and the Owner agrees to release and <br />indemnify and hold harmless the City from any claims, costs and expense of liability <br />including reasonable attorney's fees, arising out of or in any way related to the City's or <br />other public utilities' use of the Easement Area; to specifically include, but not be <br />limited to, damages, expenses, costs, or liability, including attorneys' fees, arising from <br />the proximity of the shed to the Easement Area. <br />4. The Owner agrees to remove the shed from the Easement Area at such <br />time as it is notified that the shed will interfere with the use of the Easement Area by <br />the City or a public utility. If the shed is not removed within thirty (30) days from <br />notification, the City or other public utility requiring the use of the Easement Area may <br />remove the shed and all costs associated with the removal shall become a lien upon the <br />Property after the recording of a Claim of Lien in the public records of Seminole County. <br />In an emergency, as determined by the City, the City may remove the shed without <br />notice and at the expense of the Owner. <br />5. The Owner does hereby impose upon the Property described above the <br />terms and conditions set forth in this Agreement, which covenants, terms and <br />conditions shall run with the land and shall be binding upon all successors and assigns of <br />the Owner. The covenants running with the land shall not be removed without the <br />written consent of the City. <br />6. The Owner represents that it is the fee simple owner of said Property and <br />has the legal authority to enter into this Agreement. Upon request by the City, proof of <br />legal ownership will be provided, or the costs of obtaining such proof will be paid to the <br />City. <br />7. This Agreement shall be recorded in the Public Records of Seminole <br />County, Florida, and the cost of recording shall be paid by the Owner. <br />IN WITNESS WHEREOF, the City and the Owner have executed this Agreement as <br />of the day and year first above written. <br />2 <br />