HomeMy WebLinkAboutArtzner, David Agreement to Rejuvenate Wonder Lake -1978 10 131
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AGREEMENT TO REJUVENATE WONDER LAKE
IT IS HEREBY AGREED by and between THE CITY OF
WINTER SPRINGS, FLORIDA, and DAVID ARTZNER, that DAVID ARTZNER
shall be permitted to rejuvenate WONDER LAKE in the City of
Winter Springs, Florida, and to remove certain materials from
said Lake, under the following terms and conditions:
1. DAVID ARTZNER has voluntarily obtained the permi-
ssion of the landowners adjacent to WONDER LAKE, authorizing
Horizon Landclearing (DAVID ARTZNER) to excavate and rejuvenate
WONDER LAKE.
2. DAVID ARTZNER has contacted and received approval
for his rejuvenation plans from all interested agencies, includ-
ing, but not limited to:
(a) Game and Freshwater Fish Commission
(b) Department of Environmental Services
(c) Department of Environmental Regulation
3. DAVID ARTZNER agrees to assume complete and total
responsibility for the rejuvenation program and agrees to maintain
at all times insurance and/or bonding in an amount substantial
enough to protect himself and THE CITY OF WINTER SPRINGS, FLORIDA,
from claims resulting from DAVID ARTZNER's operations, and in
an amount substantial enough to allow the City to complete the
rejuvenation projects in the event that DAVID ARTZNER should
fail to complete this rejuvenation project within the time frames
agreed upon by the parties. Proof of such insurance shall be
presented to the City Council upon request.
4. There are no intended third party beneficiaries
to this Agreement.
5. The City assumes no responsibility for this rejuven-
ation project, and enters into this Agreement on behalf of the
residents of THE CITY OF WINTER SPRINGS, FLORIDA, in conjunction
with the issuance of a permit to remove certain materials and
haul dirt from said WONDER LAKE. The City does not assert an
ownership interest in any of the lands involved, and is merely
permitting the rejuvenation and associated removal and hauling
activities.
6. The City relinquishes any and all interest in
the materials removed from WONDER LAKE, so long as said materials
are not necessary to the rejuvenation and are properly disposed
of by DAVID ARTZNER.
7. DAVID ARTZNER agrees to properly, timely and perm-
anently repair any and all damage done to the roads or highways
within THE CITY OF WINTER SPRINGS, FLORIDA, as the result of
the removal of materials and hauling done by DAVID ARTZNER,
d/b/a Horizon Landclearing or his or its representatives, in
rejuvenating WONDER LAKE. DAVID ARTZNER hereby assumes responsi-
bility for the use of the roads and highways of THE CITY OF
WINTER SPRINGS, FLORIDA, in conjunction with this rejuvenation
program.
8. DAVID ARTZNER agrees to complete this project
within eighteen (18) months of the date of execution of this
Agreement. If such schedule cannot be met, upon showing of
good cause to the City Council, this permit and Agreement may
be extended for a period of six ( 6 ) months .
9. If the City should have to file suit to enforce
this Agreement, then the City shall be entitled, if it prevails,
to recover its costs, including reasonable attorneys' fees,
for such action.
10. This Agreement is not intended to waive any rights
created by Ordinance, Statute or Rule which are not specifically
addressed by this Agreement.
11. DAVID ARTZNER agrees to carry out the plans pre-
sented to the City Council for rejuvenation and to assume complete
responsibility for such plans. The City shall have the right
to seek specific performance in the event that DAVID ARTZNER
should fail to complete the project or, alternatively, shall
be entitled to seek damages in the amount required to complete
such project or, alternatively, shall be entitled to seek recovery
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from DAVID ARTZNER's insurance and/or bonding companies, which-
ever the City should elect.
12. DAVID ARTZNER agrees to defend or, alternatively,
agrees to indemnify the City for defending, if the City should
have to defend any lawsuits brought in conjunction with this
rejuvenation program.
13. DAVID ARTZNER agrees to comply with all Ordinances,
Statutes, Regulations, Rules and/or Guidelines promulgated and
applicable to this rejuvenation program and process.
D D ARTZNER
DATE : ~ ~ ~ ~~ ~
HORIZON LANDCLEARING
BY:
Ti le
DATE : /U// ~~j
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CITY OF WINTER SPRINGS, FLORIDA