2013-69 INSTRUMENT#2013115635
OR BK 4393 PG 817-818 (2 PGS)
Return t0: DATE 10/18/2013 10 49 34F
CIRCUIT COURT
NEIL KELLY, CLERK OF THE
City of Clermont �� LAKE COUNTY
City Clerk RECORDING FEES$18 50
685 W. Montrose Street
Clermont, FL 34712
INDEMNIFICATION,HOLD HARMLESS AND WAIVER AGREEMENT
The undersigned as owners of the property located at 2008 Country Brook Road, Clermont,
Florida, and as more particularly described below, (hereinafter referred to as the "Property") on
behalf of themselves, their heirs, assigns and transferees, (hereinafter collectively referred to as
"Owners"),do hereby agree as follows:
1. In consideration of and as a condition of the approval of Owners' variance request
with regard to the City Land Development Code Section 122-125 as provided in Owners'
application of July 24, 2013 and considered by the Clermont City Council at its meeting of August
27, 2013 and in recognition and acknowdgment that the City of Clermont's has a public utility
easement for the installation, maintenance and operation of a stormwater drainage system and pipe
on, over and across the Property and that the granted variance allows for and permits a deck
structure and related improvements to exist and be maintained by the Owners so as to potentially
obstruct, limit and/or interfere with the City's easement and access rights related to the stormwater
system on the Property, the Owners, on behalf of themselves, their heirs,transferees and assigns do
hereby agree, promise and covenant to hold harmless, indemnify and defend the City of Clermont
for any and all damages, including attorney's fees at all levels including appeal arising from any
claims, causes of action or demands of any kind related in any manner to the Owners' construction
and maintenance of the deck and related structure on, over and across the stormwater improvement
system existing on the Property. Furthermore, Owners, on behalf of themselves, their heirs,
transferees and assigns, do hereby waive any right for repair or replacement, or reimbursement
therefore, from the City for any damages caused to the deck or related structures as part of any
maintenance, repair, renovation, relocation or replacement of any utility facilities located in or
about the Property.
2. The Owners', on behalf of themselves, their heirs, transferees and assigns do hereby
further agree that in the event that the City of Clermont, in its sole discretion, deems at anytime,that
the deck or any related structure, must be dismantled or removed in order for the City to maintain,
repair or replace the utility improvements on the Property, the Owners shall upon five (5) days
written notice, make arrangements acceptable to the City, to timely and at Owners' expense,
dismantle or remove the deck or related structure. In the event that Owners, their assigns, heirs or
transferees, fail to timely respond to the City of Clermont's notice hereunder,the Owners, on behalf
of themselves, their heirs, transferees and assigns, agree that the deck and related structures shall be
dismantled or removed as necessary by the City of Clermont and at the expense of Owners. The
Owners, on behalf of themselves, their heirs, transferees and assigns, do not reimburse the City for
the cost of the dismantling or removal, within sixty (60) days of invoicing from the City to the
Owners, the Owners, on behalf of themselves, their heirs, transferees and assigns expressly agree
that the City of Clermont shall have the right to impose or create a lien on the Property, which shall
accrue interest at the maximum rate as permitted by law.
3. The undersigned further acknowledges and agrees that the City of Clermont shall, at
Owners expense, record this document in the Public Records of Lake County, upon which it shall
become an encumbrance on the property applicable to and binding all future owners or assignees of
the subject property, further described as:
CLERMONT, SKYRIDGE VALLEY PHASE II SUB LOT 175 PB 45 PGS
46-48 ORB 3747 PG 2275 of the Public Record of Lake County,Florida
D.vid .Fitch
The foregoing instrument was acknowledged before me this Oda of , 2013,
by David S. Fitch who, is personally known to me or w o has provided his driver's license
identification, . d,who did take an oath.
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