do hereby agree as follows:
1. FGUA is the utility provider for water services and Owner is a customer receiving water service or is within the FGUA’s service area and eligible to receive services when water services are available. As part of its utility services, FGUA reads meters and bills for water service based on water consumption. FGUA maintains water systems located within public right-of-way or easement. FGUA undertakes construction projects from time to time to perform improvements to its facilities. FGUA is undertaking the construction of an upgrade to the water system in Arredondo Estates which will include disconnecting the existing water service from the back of customer property and re-connecting the water service to the front of the customer property. This will require FGUA to access the customer’s property.
2. FGUA has requested and Owner has agreed to grant a license to allow FGUA, its agents, representatives and employees to enter, upon twenty-four (24) hours prior written notice for construction activities and at reasonable times, the lands owned by Owner and described as (Address, Parcel ID or Lot/Block) (the “Property”) above. Entry onto the property will be for the purpose of disconnection and abandonment of the existing water service, re-connection of the new water service, and related infrastructure (the “Facilities”). The term of license shall extend from the date of execution of this License Agreement for Temporary Access (the “License”) by both parties and shall expire on December 31, 2024.
3. FGUA shall be solely responsible for the costs and expenses associated with its access under this License. FGUA shall insure that any work done under this License at the Property is in compliance with all applicable laws and shall take reasonable steps to ensure FGUA’s activities do not unreasonably interfere with the Owner’s use of the Property.
4. In entering on the Property, FGUA and its agents, representatives and employees do so at their own risk and Owner/Tenant shall not be liable for any damage to FGUA’s personnel, equipment or improvements resulting from FGUA’s occupancy and utilization of the Property. Owner/Tenant shall not, however, cause any intentional damage to the Property or FGUA Facilities. To the extent permitted by law, including §768.28, Florida Statutes, FGUA shall protect, defend, indemnify and hold harmless Owner/Tenant of, from and against any and all losses, claims damages, liabilities, costs and expenses and other obligations including, without limitation, reasonable attorneys’ fees and court costs arising from, out of, or in connection with, or otherwise relating to, the entry by FGUA and it agents, representatives and employees in, on, or about the Property under this License. The Owner/Tenant will restrain animals when work is being performed in the vicinity of their property.
5. Upon completion of the above-mentioned activities or expiration of the term of this License, whichever is earlier, FGUA shall restore the lands to as good condition which existed prior to the activities of FGUA and shall reimburse Owner/Tenant for any costs incurred due to the failure of FGUA to restore the lands. The water lateral pipe located on the Owner’s property will become the Owner’s property upon completion of the project and the Owner will be responsible for maintaining the water service lateral.
6. The permission for temporary access under this License shall be non-assignable and shall not confer any estate, title nor exclusive possessory rights in the Property to the FGUA.
7. Owner/Tenant represents that Owner/Tenant has full authority to enter into the License.