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Home My WebLink About2019 Agreement3120190008245 After Recording, Remm to: RECORDED IN THE PUBLIC RECORDS OF JamesD. Stokes, CityAttomey JEFFREY R SMITH, CLERK OF COURT City ofSebastian INDIAN RIVER COUNTY FL 1225 Main Street BK: 3183 PG: 681 Page 1 of22111201911:58 AM Sebastian, Florida 32958 D DOCTAX PD $0.70 PRIVATE SEWER LATERAL MAINTENANCE i EASEMENT AGREEMENT Property Address: 1206 US HIGHWAY 1, SEBASTIAN, FL 32958 Parcell.D. 31390600000005000011.0 Legal Description: WLY1/2OFTHEFOLL:COMATNWC ROFGO-VLOT5;RUNSLYALONGWBDRY 382.06FTTOS RIW LINEOFMAINST WHICH HAS80FT, RIW; RUN N 83 DEG25MI N 31 SECEALONG-SAIDSTLINE179.00FTTOIRONPIPEATSECOROFNEWUSNO 1 HWY&MAIN ST;TH,ALONG RIWOFNEWUSNO1 HWYS17DEG-29MIN29SEC E203.4 FT TOAN IRON PIPE FOR POB: THALONG SAID RIW 192.50 FTTO, IRON PIPE; RUN N73DEG08MIN31 SEC E-254.7FTT000NMONON WR/WLINEOFOL D US HWY#1; RUNALONG-RA VLINE.N25DEG,29MIN29.13ECW 181.25 FT TO AN IRONPI-PE; S76 DEG24MIN31 SECW229.95FTTO POBAS RBK60 PP 107, AS BK 306 PP , 202 (OR BK 446 PP 258)" THIS AGREEMENT is herebyentered into this '7 day of February ,2019,betweenRobertA. Greason and Ronne R. Greason, husband and wife, whose address is 42226791h Street, Vero Beach, FL 32967, (hereinafterreferred to collectively as'PROPERTY OWNER'), and the CITY OF SEBASTIAN, a Florida municipal corporation, whose address is 1225 Main Street, Sebastian, Florida 32958 (hereinafterreferred to as "CITY°). At all times relevant to this Agreement, CITY is acting in its proprietary capacity as the owner of real property and not in its governmental function. 1. In and for consideration of the restrictions and covenants herein contained, and other valuable consideration the sufficiency ofwhich is hereby acknowledged, the CITY andthe PROPERTY OWNERagreeto this sewerlateral maintenanceleasement agreement, located at the real property described above. 2. The purpose of this Agreement isto enable PROPERTY OWNERto connect its lateral sewer line to CITY's existingsewerline, located at700 Main Street, Sebastian, Florida (Parcel I.D. 31390600011001000001.0), and to ensure that the common sewer lateral shall be maintained and kept in good condition. 3. PROPERTY OWNER shall besolelyresponsibleformaintainingthe sewerlines on its real property, as well asthe portion of the sewer lateral from its foundation to the pointwhere itjoins the common lateral; CITY, shall besolely responsibleformaintair ingthesewerlinesonitsreal property, aswell asthe portionofthe sewer lateral from its foundation to the point where itjoins the common lateral. 4. CITY and PROPERTYOWNER shall share equallythe cost and expense of maintaining that portion of the lateral from the commonjoint to the County force Main. 5. This Agreement will continue until mutually terminated by the CITY and PROPERTY OWNER, or until PROPERTY OWNER decides to construct a separate lateral connecting directly withthe County force main line. 6. In the event that damage to the common lateral is the fault of either Party to this Agreement, the Party causing the damage shall be solely responsible for the cost of repairs. 7. RUNSWIT HTHE LAND. Itis hereby mutually understood and agreedthatthecovenants and obligations set forth herein run with the real property and shall be completely and fully binding upon future owners of suchreal property, regardless ofthemannerinwhichtheproperlyisacquired, the sameasifsuch successors in interestwere expressly named herein. This Agreement shall be recorded in the Official Records of Indian River County. PRIVATE SEWER LATERAL MAINTENANCE I EASEMENT AGREEMENT Page 2 of 2 8. GOVERNING LAW. This Agreement and the performance thereof shall be governed by Florida law, and thevenue for any action related to this Agreement shall be property adjudicated in the Circuit Court of Indian River County, unless a federal claim is asserted against the City of Sebastian in its governmental capacity and the City choses to remove the matter to federal court. The parties expressly wave any and all rights to trial by jury of any matter related in anyway to this Agreement. 9. INDEMNIFICATION & SOVEREIGN IMMUNITY. PROPERTY OWNER agrees to defend and indemnify CITY forany liability, legal action, orjudgment, arising from performance underthis Agreementfor any action, whethernegligent, reckless orintentional, committed by PROPERTY OWNER, orany person acting under property owners direction or in control in the course of the property owner's performance herein. Nothing is this Agreementshall be construed to affect in anyway CITY's sovereign or othergovernmental immunity asset forth in Florida Statute 768.28, or otherwise provided by law. 10. NOTICES. All notices hereundermust be in writing and shall be deemed validly given if sent by certified mail, return receipt request, addressed to the owner of record as reflected in the official records ofthe Property Appraiserof Indian RiverCounty, Florida, at the time such notice is delivered. if. ENTIREAGREEMENT. Itisagreed and understood(hatthisAgreemenlcontainsallagreements„ promises and understandings between PROPERTY OWNER and CITY, and that no verbal or oral agreements, promises orunderstandings shall be binding upon either Party in any dispute, controversy or proceeding at law, and anyaddibon, vadabonormodificationtolhisAgreemenlshall bevoidandineffecbveunlessmadeinwrifingand signed by the parties. IT IS SO AGREED: For PROPERTY OWNER: Robert A. Greason, Owner Dated :2-5'-2-® / y Witness: 41-<:? PdntName: Ativ�k Ronne R. Greason,&weer Dated: Wdnesq, PdntNams. Kv kl i R . y7)u For CITY LLty By: Paul E. arliss nager Dated: ;24 /9 ATTES7T:/�'�'��11..ff-- eannette Williams, MMC U City Clerk Approvedasto Form and LegalityforReliance bythe Cilyof SdWslianonly: By: es Stokes, BCS City Attorney