Loading...
HomeMy WebLinkAboutResolution 233 Wonder Lake RESOLUTION NO. 233 WHEREAS, Section 9-5 of the City Ordinances of the City of Winter Springs, Florida, renders it unlawful for any person to remove soil, subsoil, rock or sand from real property within the City of Winter Springs, Florida, without the written consent of the owners and a written per- mit for such removal; and, WHEREAS, DAVID ARTZNER, on behalf of himself and Horizon Landclearing, seeks to rejuvenate WONDER LAKE and to remove certain materials, including certain soil, subsoil, rock and sand from WONDER LAKE as part of the rejuvenation process; and, WHEREAS, DAVID ARTZNER has contacted the owners of the property surrounding and adjacent to WONDER LAKE, the Florida Game and Freshwater Fish Commission, the Florida Department of Environmental Regulation and the Seminole County Department of Environmental Services; and, WHEREAS, the City Council of the City of Winter Springs, Florida, has been presented with no objections to the rejuvenation program; and, WHEREAS, DAVID ARTZNER has entered into an Agreement with the CITY OF WINTER SPRINGS, FLORIDA. Such Agreement is attached hereto and incorporated herein; and, WHEREAS, the City considers the rejuvenation of WONDER LAKE a worthwhile project. NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY: 1. Authorizes the Mayor of the City of Winter Springs, Florida, to issue a written permit to DAVID ARTZNER and Horizon Landclearing, authorizing the removal of that soil, subsoil, shrubbery, trees, rocks and sand, which must be removed in order to rejuvenate WONDER LAKE. Such permit to expire on February 1, 1980, or at such time as the terms of this Resolution or the incorporated Agreement provide, or at such time as the terms of this Resolution or the incorporated Agreement have been violated. 2. Ratifies the Agreement entered into by DAVID ARTZNER, Horizon Landclearing and THE CITY OF WINTER SPRINGS, FLORIDA, such Agreement being attached hereto. 3. Endorses the rejuvenation of WONDER LAKE, but assumes no responsibility or liability for such rejuvenation. 4. Relinquishes any interest that it might have in any materials removed from WONDER LAKE pursuant to this Resolution, except as provided in the incorporated Agreement. PASSED AND ADOPTED THIS 10 DAY OF October, 1978. CITY OF WINTER SPRINGS, FLORIDA BY: Troy J. Piland Mayor ATTEST: Mary T. Norton Clty Clerk -2- 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 -2- 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. CITY OF WINTER SPRINGS, FLORIDA DAVID ARTZNER BY: Troy J. Piland DATE: 10/12/78 DATE: 10/13/78 HORIZON LANDCLEARING BY: David Artzner Title: Owner DATE: 10/13/78 - DATE: /c://.V/~ -3-