HomeMy WebLinkAboutDuke - James N. Duke -1995 05 08
! AGREEMENT
I
THIS AGREEMENT entered into the K day oft/.fl, 1995, by and between the City of
Winter Springs, Florida (hereinafter referred to as "CITY") and James N, Duke, Trustee (hereinafter
referred to as "DUKE").
WHEREAS, DUKE has entered into a Contract for Sale and Purchase dated September 23.
l221, with AP AC-Florida. Inc.. a Delaware Corporation, as Seller (the "Contract"), for the purchase
of certain real property situated in' Seminole County, Florida and more particularly described in
Exhibit "A" attached hereto (the "Property"); and,
WHEREAS, DUKE desires to eventually annex the Property into the City of Winter
Springs, Florida; and,
WHEREAS, CITY is desirous of considering DUKE's request for annexation ,into the CITY
at the appropriate time; and,
WHEREAS, DUKE must first obtain building permits and develop the Property in
accordance with the applicable codes and regulations of Seminole County, Florida (the "County")
prior to annexation into the CITY.
NOW THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES HEREIN, MADE AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY
CONVEYED, THE PARTIES HERETO DO COVENANT, STIPULATE AND AGREE AS
FOLLOWS:
1. DUKE agrees to allow the CITY, at any time and at no cost to DUKE, to
administratively annex into the CITY the Property or any portion or portions of the Property which
has been fully developed (i.e" all permits have been issued, the construction of the building has
been completed and a Certificate of Occupancy (" C. O. ") for that particular parcel and building has'
been issued from the County). Any undeveloped portions of the Property (i.e., vacant land) shall
continue to remain a part of the County wltil such time as the same has been fully developed as set
forth above, The parties agree, however, that if DUKE does not acquire the Property and the
Contract is terminated, then and in that event, this Agreement shall terminate and be of no further
force and effect.
2. CITY agrees to provide metered potable water, sanitary sewer and reclaimed water
to the Property in order for DUKE to obtain building permits and develop the Property in accordance
with the applicable codes and regulations of Seminole County, Florida.,
3. DUKE will pay for the cost of the CITY to connect the Property to its utility lines
as well as the cost of potable water from ,the metered line.
4. DUKE agrees to hold the CITY, its officers, agents and assigns~ harmless from any
and all liability and/or claims, and/or judgements, including but not limited to the costs of defense
and-attorneys fees incurred in the defense thereof, including any appeals therefrom, that may be filed
as a result of the CITY either connecting its utility lines to the Property and/or providing potable and '
reclaimed water to the Property and/or this Agreement and/or any reason arising therefrom.
5. This Agreement shall be binding and inure upon and to the benefit of DUKE and the
CITY and any party having an interest in 1l1e Property, and their respective successors and assigns.
CITY OF WINTER SPRING , FLORIDA ~
Date: Date: ' ?{ HJ1.y / 79"6--
cc:
~" .)1\[,Il.n ur UI:.;)l.IUr'I.lUN rUI< ..11M K. LUI'
, SEMINOLE COUNTY, FLORIDA
.' , DESCRIPTION -
j~'l of that Part of Tracts 4 through 17 of OVIEDO FARMS, acco~ding to the Plat ~hereof.as
U;ecorded in Plat Book 6, Page 86 of the Public Records of Semlnole County, Flonda, lYlng
.,; Westerly of the existing West Right-of-Way of State Road 419, containing 13.01 Acres more
or less.
. SURVEYOR'S NOTES:
1. Sketch of description only; not a survey.
2. Overal~ description furnished by client.
PREPARED BY:
9 SEPT 94
. R. l. ROBERTS, P.l.S.
Florida Registration No. 3144
ROBERTS SURVEYING & ' ~,
MAPPING, INC. . _
185 N. COUNTRY _--- , '
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EXHIBIT "A"
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