2023-203 - Laserfiche WebLink

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6. Easements. a. The Developer shall convey to the County a utility easement for the water and wastewater utilities over any property owned by the Developer for the County to install, maintain, operate and monitor the water and wastewater utilities, within the private right-of-way including, but not limited to, waterlines, services, laterals, manholes, meters, lift station, sewer, remote monitoring and related utility structures. b. The grant of easement may be made by way of an easement agreement or the adoption and dedication of a duly approved and recorded plat pursuant to Chapter 177, Florida Statutes. 7. Indemnification. The Developer hereby releases and holds harmless the County, and the County's officers, employees, agents, from and against any and all claims for damages, costs, third party claims, judgments, and expense to persons or property that may arise out of, or be occasioned by, any work by Developer or its contractors or subcontractors within or on the Property, or from any act or omission of any representative, agent, client, and/or employee of Developer with respect to such work, and Developer shall indemnify the County against any such claims and any judgments that may be entered in connection therewith, including attorneys' fees. 8. Reserved. 9. Term. The term of this Agreement shall be seven (7) years. Unless otherwise agreed to by the parties in writing, this Agreement shall not be renewed automatically for successive terms. a. Once any construction has been initiated under this Agreement by Developer, the obligations of the County, including the obligation to reimburse Developer under Section 5 hereof, and the rights granted to Developer hereunder, shall survive the termination of this Agreement and shall continue until such construction is complete. b. [Intentionally Deleted]. 10. Definitions. All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. 11. Amendment. This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 12. Assi an�ty. Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not the personal property of the Developer. Therefore, while the Developer has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the County. Page 4 of 10