HomeMy WebLinkAboutMennens, Iris Diana Project Agreement -2005 09 06
CITY OF WINTER SPRINGS
PROJECT AGREEMENT
THIS AGREEMENT is made and entered into this b day of ~Yh. 'bx-2005, by and
between :::::C'C"'i 5 -::i>.....Y\a ~rpns (hereinafter~hose address
is 14~1 c.~4IQ.IoC:5Vt~ C'~,d.o , and CITY OF WINTER SPRINGS, a Florida
municipal corporation, (hereinafter "CITY") whose address is 1126 E. SR 434, Winter Springs, Florida
32708.
WIT N E SSE T H:
IN CONSIDERATION of the mutual promises contained herein, the receipt and sufficiency of
which is acknowledge by the execution of this Agreement, the parties, the OWNER, and CITY agree as
follows:
1. OWNER acknowledges CITY has entered into a Project Agreement with the Natural Resources
Conservation Service, a service of the United States Department of Agriculture, for the construction
of emergency watershed protection measures to relieve hazards and damages created by Hurricane
Jeanne in 2004.
2. OWNER hereby grants to CITY, its employees, agents, consulting engineers, contractors and other
representatives the temporary right to enter upon OWNER'S property for the exclusive purpose of
construction of erosion control and bank stabilization improvements at Howell Creek. This right-of-
entry shall be effective from August 23, 2005 through September 30, 2005.
3. OWNER hereby covenants with CITY that OWNER is the true and lawful owner of the above-
described real estate and is lawfully seized of the same in fee simple and has good right and full
power to grant this right of entry.
4. OWNER by granting this right to enter is not relinquishing any rights whatsoever for value of land
taken and damages to the remainder, if any, as provided by law.
5. OWNER acknowledges that NRCS funding is available to the CITY in the amount of 75% of the
actual cost of construction. The remaining 25% of the actual cost of construction must be paid to
the CITY in its entirety by the three affected property owners before construction can commence.
6. OWNER acknowledges that NRCS funding is available to the CITY only for construction
completed by September 30, 2005. In the event that construction is incomplete as of October 1,
2005, the CITY will pay for all construction work completed through September 30, 2005. The
property owners shall be responsible for the cost of any construction work completed after
September 30, 2005.
IN WITNESS WHEREOF, the parties hereto have made and executed this instrument for the
purposes herein expressed.
~ (Thn~
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SIGNATURE
Address:
I LiS, c.('~CS.~ CirC\Q.
.
to.n-k~~TJ" Sf?'2')o&l
STATE OF FLORIDA
COUNTY OF SEMINOLE
... ,... _ L I _ The foregoing instrument was acknowledged before me this ~ day of
~2005, by ::r.R~~ 1),CtI'la.. (Y')Lnn~rU , who is personally knQ..wn to me or
has produced as identification.
~~~~5.my hand and official seal in the County and State aforesaid this 7'IiA day of
.
<It .....Ia.._
. ......
.......... tilt
. PIIlllCII AIM.. Inc
~I~
Notary Public
My Commission Expires:
CITY OF WINTER SPRINGS.
By: /f~M 7YtPR
Ronald W. McLemore, City ~anager