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THE CLEARWATER GROUP LTD BY BBR PROPERTIES INC lIB): ).I.OI)~I.ti~s~ Inc. January 28, 2000 City of Clearwater Building Dopartment Clearwater, Florida RE: Mainstreet Apartments (Sullshine Mall Site) To Whom ltMay Concern: The under5igned is the Owner of the above: referenced property. In connection with the development of our project, we have granted to the City of Clearwater a Drainage and Util ity Easement for drainage and utility installation and maintenance. The City of Clearwater has called our attention to the fact that an eight inch (8") water main is in close pro>cimity to a fence (and, in particular, to certain :support columns of the fence) which we have constructed on the property. Please be advised tha~ the undersigned hereby agrees to indemnify and hold hannless the City of Clearwater from any loss, cost or damage, including legal fees and court costs. which the City of Clearwater might suffer on account of its reasonable performance of any installation or maintenance activities under the Drainage and Utility Easement; which activities lead to the dal11age or temporary removal of said fence and support columns. The undersigned further agrees to be solely responsible for the repair or replacement of said fence and support columns in the event same are damaged by the reasonable perfonnance by the Ci ty of Clearwater of such activities, This letter shall inure to the benefit of and binding upon the successorsMin-title of the undersigned, Sincerely, The Clearw~ter Group, Ltd., a Florida limited partnership By: BBR propenie&..;n~eneral p~~ner .; .,,-.-- By , 1t/~jffi~tA7 Robert N, Hatfield, Jr , President BBR Properties, Inc. 16000 Lake Forrest Drive 1 Suite 5601 Atlanta, Georgia 30328/404-943-0100 1 Fax: 404-943-9317 J 1'-0 /'f'"()), (If)