HomeMy WebLinkAboutWinter Springs Development Corporation Agreement 1973 PE;~~
~ ~~
~ ;~ ;
' AGIt,EEMENT
THIS AGREEMENT, made and entered into this day of
A. D. , 1973, by and between WINTER SPRINGS
DEVELOPMENT CORPORATION, a Florida corporation, herein-
after referred to as "DEVELOPER", and SOUTHERN STATES
UTILITIES INC. , a Florida corporation, hereinafter referred to
as "SERVICE COMPANY, "and the CITY OF WINTER SPRINGS,
FLORIDA, a municipal corporation,
WHEREAS, Developer and Service Company have entered
into an Agreement dated July 30, 1970, and recorded in O. R. 809,
Page 556, Public Records of Seminole County, Florida, which allowed
the SERVICE COMPANY to supply services to certain land owned by
the DEVELOPER, and
WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA, has
given a franchise to the DEVELOPER providing for the developing
of water and sewer within certain portions of said City, and
WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA, and
DEVELOPER and SERVICE COMPANY are desirous of establishing
the jurisdictional limits of each of the areas to be covered by the
respective parties,
NOW, THEREFORE, for and in consideration of the premises
and the mutual undertakings and agreements herein contained and
assumed, the DEVELOPER and SERVICE COMPANY, covenant and
agree as follows
(1) That the SERVICE COMPANY shall be strictly bound by
each and every of the terms set forth in the Agreement dated July 30,
1970, with the following exceptions:
(a) SERVICE COMPANY shall provide water service to
property located in the Plat of Winter Springs, as record-
ed in Plat. Book 15, page 81 and 82, and the Plat of Winter
Springs Unit II, as recorded in Plat Book 16, Pages 82 and
83, Public Records of Seminole County, Florida, only.
(b) SERVICE COMPANY hereby relinquishes and disclaims
.any right or priviiedge to provide water service to any other
~~ lands located within the boundaries of the City of Winter
v -1-
,,
,~ ~~
Springs, notwithstanding any provisions to the contrary set
forth in the Agreement recorded in O. R. 809, Page 556,
above mentioned
(2) That the DEVELOPER hereby ratifies and confirms that
it will be responsible for providing water service within the franchise
area of developer granted pursuant to Ordinance No. 81 of the City of
Winter Springs (other than those areas specifically provided for in
Paragraph 1 above).
(3) That the CITY OF WINTER SPRINGS, FLORIDA, hereby
agrees to allow SOUTHERN STATES UTILITIES, INC., to function
under the franchise provided to WITNER SPRINGS DEVELOPMENT
CORPORA TION pursuant to Ordinance No. 81 of the CITY OF WINTER
SPRINGS, FLORIDA in Winter Springs and Winter Springs Unit II, as
described in paragraph (1) hereinbefore.
IN WITNESS WHEREOF, the :parties herein have hereunto set
their hands and seals on the date aforementioned.
Signed, sealed and delivered
in our presence:
WINTER SPRINGS DEVELOPMENT
CORPORATION
s to Winter Springs evelop- By
ment Corporation Presi ent
Attest:
ecre ary
s to Sout ern States Utilities,
Inc.
~~ '
s t e ity of inter Springs,
Florida
11
'.. ~ 1.
t
F ~ ~, --/~
{~ ~ L1~
SOUTHERN STATES UTILITIES, INC.
By
rest en
Attest:
Secretary
CITY OF R SPRINGS, FLO A
r
By:
resi en
Attest: 772 c~ ~ ;1~
Secretary
-,,
,' ~ '
` ~
-. ,
S TA TE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME personally appeared
and well known to me to a Presi ent
and Secretary respectively of the corporation named as WINTER SPRINGS
DEVELOPMENT CORPORATION in the foregoing Agreement, and that
they severally aca~nowledged executing the same, in the presence of two
subscribing witnesses, freely and voluntarily under authority duly vested
in them by said corporation and that the seal affixed thereto is the true
corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last
aforesaid this day of , 1973.
Notary Public -State of Florida
My commission expires:
S TA TE OF FLORIDA
COUNTY OF SEMINOLE:
BEFORE ME personally appeared
and well known o me o e e rest en
and Secretary respectively of the corporation named as SOUTHERN
STATES UTILITIES, INC, in the foregoing Agreement, and that they
severally acknowledged executing the same, in the presence of two
subscribing witnesses, freely and voluntarily under authority duly
vested in them by said corporation and that the seal affixed thereto
is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1973.
Notary Pu lic - State o F on a
My commission expires:
S TA TE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME personally appeared GRANVILLE BROWN and
MARY T. NORTON well known to me to be the Mayor and City Clerk
of the City of Winter Springs, Florida in the foregoing Agreement, and
that they severally acknowledged executing the same in the presence
of two subscribing witnesses, freely and voluntarily under authority
duly vested in them by said municipality and that the seal affixed there-
to is the true municipal seal of said City of Winter .Springs, Florida.
WITNESS my hand and official seal in the County and State
last aforesaid this ~,~' day of ~,~~ , 1973.
IYo ary Pu is - Sta e o Flori a
t .. ~ AOTdRY ~~!BLfC STF.iE OF P~LOR:Dn A7'CAR64
MY COMMISSION EXPIRES JuNr 8+.875
My commission expires:
y