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THIS INSTRUMENT PREPARED BY AND <br />RETURN TO: <br />Marty Pawlikowski <br />CITY OF CASSELBERRY <br />95 TRIPLET LAKE DRIVE <br />CASSELBERRY, FL 32707 <br />Tax Parcel ID No.: 08-21-30-300-0250-0000 <br />EASEMENT HOLD HARMLESS AGREEMENT <br />This Agreement is made on this 20 day of October, 2011, by and between the CITY <br />OF CASSELBERRY, a Florida Municipal Corporation, whose address is 95 Triplet Lake <br />Drive, Casselberry, Florida 32707 ("City") and AIM Orlando School Bldg., LLC whose <br />address is 4455 South Blvd., Virginia Beach, VA 23452 ("Owner"). <br />WHEREAS, Owner is the fee title holder to the property located in the City of <br />Casselberry and specifically described in Exhibit "A" (the "Property"); and <br />WHEREAS, City has an easement on the Property as recorded in O.R. <br />Page , Public Records of Seminole County, Florida (the "Easement"); and <br />WHEREAS, Owner desires to construct a Shade Structure; and <br />WHEREAS, the Shade Structure will interfere with the City's easement rights; and <br />WHEREAS, Owner has obtained City approval for construction in accordance with <br />Building Permit number 11-1053; and <br />WHEREAS, the City does not object to the Owner's use of the City's Easement as <br />long as the Owner agrees to hold the City harmless and maintain, repair and remove the <br />Shade Structure in perpetuity upon request and at no cost to the City. <br />NOW, THEREFORE, in consideration of the mutual covenants contained in this <br />Agreement and such other good and valuable consideration, the receipt of which is <br />acknowledged, the parties agree as follows: <br />1. Owner may construct the Shade Structure within the City's Easement in <br />accordance with the plans and specifications depicted in attached Exhibit "B", as approved <br />by the City through the appropriate permitting process. <br />2. Owner agrees to perpetually maintain the improvements installed as indicated <br />on Exhibit "B", at no cost to the City. This includes timely replacement of damaged or <br />broken materials and the avoidance of uneven pavement surfaces. Owner is required to <br />perform all maintenance at its expense. <br />3. In the event the Owner fails to make timely repairs, the parties agree that the <br />Page 1 of 7 <br />